The JIL Labor Flash Vol.31
Email Journal 15.11.2002
Statistical Reports
Recent Statistical Survey Reports
Current Topics
The Shiba Shinkin Bank lawsuit, filed by its female employees on
sexual discrimination in corporate promotions, reaches an amicable
settlement, with plaintiffs winning the case in substance
Public Policies
Status of the Law for Promoting the Resolution of Individual Labor
Disputes, one year after its enactment
News Clippings
Number of employees at foreign-capital companies reaches 1 million
...etc
Special Issue
"Justifiable cause required"--A proposal to introduce legislation
designed to clarify and stipulate the rules and regulations by
which companies may dismiss their employees
Statistical Reports
-Recent Statistical Survey Reports October 2002-
Features
21st Century Survey on New-Born Infant
General Survey on Labor Conditions
http://www.jil.go.jp/estatis/e2002-10.htm
Current Topics
-The Shiba Shinkin Bank lawsuit, filed by its female employees on
sexual discrimination in corporate promotions, reaches an amicable
settlement, with plaintiffs winning the case in substance-
In 1987, thirteen female employees of the Shiba Shinkin Bank filed
a lawsuit against the company, claiming that they were discriminated
against in comparison with their male counterparts in terms of salary
raises and promotions. The lawsuit drew notice as the first female
discrimination lawsuit to be filed since the Equal Employment
Opportunity Law between Men and Women came into force.
At the first trial, held in 1996, the Tokyo District Court recognized,
for the first time in Japan, the existence of sexual discrimination
in corporate promotions, and acknowledged that these women should have
been given posts comparable to those occupied by men. Then, at the
second trial held in 2000, the Tokyo High Court supported the ruling
of the first instance and ruled that the plaintiffs be given the post
of Section Head, approved repayment by the company of the difference
in wages and retirement bonuses, and ordered that compensation for
damages be paid as well. The only exception was one employee with
the shortest work history at the bank: the court rejected her plea,
citing that some male employees who had joined the bank concurrently
with this particular plaintiff have not yet been promoted.
The recent amicable settlement reached at the Supreme Court recognized
virtually all the rulings of the second instance.
To be promoted, employees must pass a qualifying test. However, 50%
of all the test scores were accounted for by personnel evaluations.
This indicated that whether or not an employee passed the test, and
hence was promoted, was left to the discretion of the manager.
The contents of the amicable settlement were as follows: The six
women who were still working with the bank were to be promoted to
section heads, while the six women who had already left the bank at
the mandatory retirement age were considered retrospectively to have
been promoted to section heads at their time of retirement. The one
woman whose claim was rejected was advised to take a section manager
qualification test and seek promotion if she passes the test.
After the settlement, the defense counsel praised the said ruling,
explaining that it paved the way for working women to assert and redeem
their rights.
Public Policies
-Status of the Law for Promoting the Resolution of Individual Labor
Disputes, one year after its enactment-
One year has passed since the Law for Promoting the Resolution of
Individual Labor Disputes was enacted last October.
According to an announcement made by the Ministry of Health, Labour
and Welfare, the system resulted in about 90,000 consultations on
individual labor disputes throughout Japan during this period.
In addition, there were about 4,000 cases that resulted in advice,
guidance, and mediations, showing that the system is being used as
actively as the courts.
Continued on;
http://www.jil.go.jp/english/archives/emm/2001-2003/2002b/vol.31/law.html
News Clippings
-Number of employees at foreign-capital companies reaches 1 million-
A survey conducted by the Japan External Trade Organization (JETRO)
revealed that an estimated 1 million people now work full-time at
foreign-owned companies. The survey was conducted in May 2002, and
responses were sent in from 2,705 companies and business offices.
As a result of these findings, a total of 5,654 foreign-owned companies
and business offices were estimated to operate in Japan, employing
1,006,493 people. By type of business, the proportion of foreign
affiliates was the highest in the financial and insurance sectors
(11.8%), followed by manufacturing (5.3%), mining (2.5%), and transport
/communications, wholesale/retail/restaurant sectors (both 1.3%).
Half of these companies considered expanding their workforce, with
about 30% saying that they would maintain the status quo. The survey
also showed that, as a proportion of the total number of corporate
employees, fewer people in Japan work for foreign-owned companies
than in the US or Germany.
(Asahi Shimbun, October)
-Early retirees accounting for one-third of all those retiring at
mandatory retirement age-
A survey of the flow of personnel conducted by Recruit Co., Ltd.
targeting 1,445 companies show that 5.7% of full-time employees who
quit their jobs in FY2001 made use of the early retirement program.
Those who quit the company at the mandatory retirement age accounted
for 17.4% of the total number of retirees. The proportion of early
retirees was high in such business categories as manufacturing (8.0%),
financial services (6.5%), and distribution (3.7%). Early retirees
accounted for only 1.8% of all the retirees in the service and information
sectors. By corporate scale, they accounted for 10.3% of all the employees
retiring from companies having 1,000 people or more, and 4.7% of all
the employees retiring from companies with less than 1,000 people.
(Nihon Keizai Shimbun, October)
Special Issue
-"Justifiable cause required"--A proposal to introduce legislation
designed to clarify and stipulate the rules and regulations by which
companies may dismiss their employees-
In last December's JLF Volume 9, we reported on moves to legislate
the rules and regulations by which companies may dismiss their employees.
At a meeting of the Labor Policy Council's Labor Conditions Subcommittee,
held in mid-October, the Ministry of Health, Labour and Welfare submitted
a proposal to legislate such dismissal rules and regulations.
Continued on;
http://www.jil.go.jp/english/archives/emm/2001-2003/2002b/vol.31/regulation.html
[What's New!]
We, JIL have published new books in English.
- They are useful for your better understanding of Japan.
"The Labor Situation in Japan 2002/2003"
"Universal Wisdom Through Globalization"
Please open JIL Home Page. You can see the detailed introduction
of them.
http://www.jil.go.jp/epublic/books.htm
