The ILO cautions that restricting public service personnel’s right to strike violates two ILO conventions

For the first time, the International Labour Organization (ILO) has officially commented on Japan's current system that restricts the basic labor rights of public service personnel, clearly stating that the relevant laws and practices are violating ILO conventions No. 87 (freedom of association and protection of the right to organize) and 98 (the right to organize and the right of collective bargaining), respectively. It adopted a recommendation strongly urging the Japanese Government to revise the laws in compliance with the ILO conventions with the premise that the Government conduct thorough, frank, and meaningful discussions/consultations with all relevant parties.

Regarding the content of said consultations, the ILO specifically cited six items including "the granting of rights of personnel working in fire stations and prisons to establish an organization of their choice" and "revision of the law to prevent public service personnel who justifiably exercise their right to strike from being severely penalized under civil or criminal laws."

At the time when Japan ratified Convention No. 87, a fact-finding survey was conducted. Then, in 1965, a recommendation was issued, pointing out that "indiscriminately prohibiting acts of dispute is problematic, and its compensatory measures are insufficient." Later, Japan received several reports from the ILO's Committee on Freedom of Association. However, this is the first time that such an in-depth and detailed recommendation has been released.

The recommendation constituted a strong tailwind for the labor union that instituted the lawsuit. The Government, meanwhile, issued the following comment: "The recommendation lacks understanding of Japan's actual circumstances, and therefore cannot be accepted. The said recommendation is only an interim report, so we hope that more circumspect investigations be carried out from here on."

In other words, the ILO is recommending that international labor standards be prioritized while the Japanese Government is demanding that considerations be made for Japan's supposedly unique circumstances. Attention will now focus on how the Japanese Government responds to these rigorous recommendations, including how it will carry out the reform of the public service personnel system which is currently under way.