Freedom of association / Right to organise

Freedom of association

The right to freedom of association is enshrined in the Constitution.

Anti-Union discrimination

The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.

Categories of workers prohibited or limited from forming or joining a union, or from holding a union office

Other civil servants and public employees
The law places limitations on the right of public sector workers and employees of state-owned enterprises to form and join unions of their choice. Firefighters cannot form or join trade union organisations. With regard to prison officers, the Government of Japan considers that they are included in the category of police by the nature of their duties and they are therefore denied the right to organise.

Right to collective bargaining

Right to collective bargaining

The right to collective bargaining is enshrined in the Constitution.

Limitations or ban on collective bargaining in certain sectors

Other civil servants and public employees
Administrative and clerical workers do not have the right to bargain or conclude collective agreements at the local or national level. Their wages are set by law and/or regulations, partly based on recommendations issued by the National Personnel Authority and local personnel commissions. Employees in firefighting services, prison institutions and the Maritime Safety Agency do not have the right to bargain collectively. Employees involved in providing essential services ( i.e. electric power generation and transmission, transportation and railways, telecommunications, medical care and public health, and the postal service) do not have the right to collective bargaining.

Right to strike

Right to strike

The right to strike is enshrined in the Constitution.

Limitations or ban on strikes in certain sectors

Undue restrictions for "public servants"
Public sector employees do not have the right to strike (National Public Service Act).

Undermining of the recourse to strike actions or their effectiveness

Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
Trade union leaders who incite strike action in the public sector can be dismissed and fined or imprisoned for up to three years under provisions of the National Public Service Employee Law and the Local Public Service Employee Law.
Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
Workers in sectors providing essential services, including electric power generation and transmission, transportation and railways, telecommunications, medical care and public health, and the postal service must give ten days' advance notice to authorities before organising a strike.