CEDAWへWWN Lobby (Nov.10 2008)
To CEDAW Working Group
Working Women’s Network
Chairperson Shizuko Koedo
Summary of questions
Article 11 （Elimination of discrimination in the field of employment）
Question
２）The government states that Article 4 of the Labor Standards Act(Note1) encompasses the principle of equal pay for work of equal value, and therefore the legislation of the principle as recommended by ILO is not necessary. What legislative measures would be taken to implement CEDAW Article 11 (d) ?
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Background
1)-1 The Guidelines under the EEOL provides for “employment management categories.” Discrimination against women is prohibited within the same categories, but if the women were placed in a different category, which may be based on characteristics such as job differences or forms of employment, difference in treatment would not constitute discrimination. The separate tracks for men and women that existed before the EEOL were redefined as different forms of employment, and this led to entrenchment and widening of the gender gap.
The employment management category based on job differences provided an opportunity for many companies to introduce the career-track based system, as shown in the data below. Also, as shown in the data below (Note2), the percentage of women in the tracks leading to management positions is still around 2-5%, 20 years after the enactment of the EEOL. (Note3),The EEOL protects the equality of a handful of women in the tracks leading to management positions, but for many women in the tracks for clerical positions, the promise of equal training and promotion remains empty words.
(Note2)
Companies implementing career-track based systems (based on the size of company):
2003 (data from Ministry of Health, Labour and Welfare)
Companies with 5,000 employees or more 46.7%
Companies with1,000-4,999 employees 38.1%
Companies with 300-999 employees 23%
Companies with 100-299 employees 13.7%
Companies with 30-99 employees 5.9%
(Note 3)
Ratio of women in main career tracks 2005 (Japan Institute of Workers’ Evolution)
Companies with 5,000 employees or more 2.1
Companies with 1,000-4,999 employees 3.6
Companies with 300-999 employees 5.0
1)-2 Committee of Experts on the Application of Conventions and Recommendations, ILO, Individual Observation concerning Equal Remuneration Convention, 1951 (No. 100) Japan, Published: 2007
Given the persistent and wide gender pay gap, the Committee hopes that the Government will consider giving legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full application of the Convention.(para. 4)
1)-3 Committee of Experts on the Application of Conventions and Recommendations, ILO, Individual Observation concerning Equal Remuneration Convention, 1951 (No. 100) Japan, Published: 2008
The Committee therefore asks the Government to take steps to amend the legislation to provide for the principle of equal remuneration for men and women for work of equal value. (para. 6)
2) (Note1) Labor Standards Act : Article 4 (Principle of equal pay for men and women)
An employer shall not engage in discriminatory treatment of a woman as compared with a man with respect to wages by reason of the worker being a woman.