E/C.12/JPN/CO /3
caused by overwork and suicides due to psychological harassment in the workplace
continue to occur (art. 7).
The Committee recommends that, in line with its obligation under article 7 of the
Covenant to protect workers’ right to safe and healthy working conditions and to
reasonable limitation of working hours, the State party strengthen measures to
prevent long working hours and ensure that deterrent sanctions are applied for noncompliance with limits on extensions to working hours. The Committee also
recommends that the State party, where necessary, adopt legislation and regulations
aimed at prohibiting and preventing all forms of harassment in the workplace.
18.
The Committee is concerned that the average level of minimum wage throughout the
State party falls short of the minimum subsistence level, the public welfare benefits and the
increase in the cost of living (arts. 7, 9 and 11).
The Committee urges the State party to review the factors taken into consideration
when deciding the level of the minimum wage with a view to ensuring that it enables a
decent living for the workers and their families. The Committee also requests that the
State party provide in its next periodic report information on the percentage of
workers who are paid below the minimum wage.
19.
The Committee notes with concern that the pay gap, in particular between men and
women, remains considerable in the State party, in spite of progress made (art. 7).
The Committee calls on the State party to raise awareness of the illegality of the
application of different rates for men and women for work of equal value and of the
obligation of employers in this regard to provide accessible and effective remedies in
case of discrimination in remuneration. The Committee also recommends that the
State party train labour inspectors in the application of the principle of equal
remuneration for work of equal value and take other measures to ensure effective
enforcement of applicable legislation.
20.
While noting an increased awareness of sexual harassment in the workplace since
the 2006 revision of the Law on Securing of Equal Opportunity and Treatment between
Men and Women in Employment, the Committee notes with concern that sexual
harassment is not legally prohibited (art. 7).
The Committee urges the State party to introduce in its legislation an offence of sexual
harassment, in particular in the workplace, which carries sanctions proportionate to
the severity of the offence. The Committee also recommends that the State party
ensure that victims can lodge complaints without fear of retaliation. The Committee
recommends that the State party continue to raise public awareness of sexual
harassment.
21.
The Committee is concerned at reports of unfair treatment of migrant workers ,
including those with irregular migration status, asylum-seekers and refugees, in spite of the
fact that they are protected by the same labour laws as nationals (art. 7).
The Committee recommends that the State party reinforce its laws and regulations so
as to eliminate unequal treatment of migrant workers, including those with irregular
migration status, asylum-seekers and refugees. The Committee also calls on the State
party to raise awareness of the applicability of labour laws to all workers, irrespective
of their migration status.
22.
The Committee is concerned at the incidence of poverty among older persons in the
State party, especially among those who do not receive pensions and low-income
pensioners. The Committee is particularly concerned that poverty affects primarily older
women whose pension contribution did not meet the eligibility criteria and that stigma
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