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Human Resource Management

Human Resource Management. Keiichiro HAMAGUCHI. Chapter 3 Section 8 Male Workers and Female Workers. (1) Women in the Japanese Employment System. Women were treated as non-regular, peripheral and ancillary workers in the traditional Japanese employment system.

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Human Resource Management

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  1. Human Resource Management Keiichiro HAMAGUCHI

  2. Chapter 3Section 8Male Workers and Female Workers

  3. (1) Women in the Japanese Employment System • Women were treated as non-regular, peripheral and ancillary workers in the traditional Japanese employment system. • There were mandatory retirement for married women or earlier mandatory retirement age for women. • But female workers have steadily increased.

  4. (2) Prohibition of Wage Discrimination against Women • Art.4 of LSL prohibits only wage discrimination “by reason of the worker being a woman.” • But women had few comparable men because they were treated differently in status, in-house training, job content and length of service. • Wage difference based on these discriminatory treatment were not regarded as prohibited wage discrimination.

  5. (3) Case Law on Discriminatory Treatment other than Wages • Discriminatory treatment was only redressed by individual court decisions. • Mandatory retirement upon marriage (Simitomo Cement case) and mandatory retirement age at 30 for women (55 for men) (Nissan Motor case) was ruled as null and void. • But discrimination against women in collective redundancy was ruled as legal.

  6. (4) The Equal Employment Opportunity Law of 1985 and 1997 • In order to ratify the UN Convention on elimination of discrimination against women, Japanese government enacted EEOL in 1985. • The 1985 EEOL was only “endeavor obligation law” in main HRM areas such as recruitment, hiring, assignment and promotion. • The 1997 EEOL prohibits all these discriminations.

  7. (5) Dual Track Personnel System • Companies abandoned blatant discrimination against women. • They introduced “separate-track employment system” based on choice by workers. • General track involves routine work and no obligation to comply with transfer orders. • Career track involves discretionary work and obligation to company-wide transfers. • Given the family responsibilities, women are forced to choose the general track.

  8. (6) Sexual Harassment • There is no provision prohibiting sexual harassment. • Women workers had sued sexual harassment case from 1990s. • 1997 EEOL introduced a provision requiring employers to pay attention this problem.

  9. (7) Harmonization of Work and Family Life • To guarantee a substantive choice in dual track system, institutional arrangement for harmonization of work and family life are indispensable. • 1991 Child Care Leave Law provides both male and female workers with right to leave until one year birthday. • But there are very few male workers who take the leave in practice.

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