Special Measures and Activities Related to Employment and Workplace Taken by Japanese Constituents In Response to the Great East Japan Earthquake

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1 Special Measures and Activities Related to Employment and Workplace Taken by Japanese Constituents In Response to the Great East Japan Earthquake 31 May 2011 ILO Office for Japan (Yellow marker shows the part of newly added or changed after the latest version dated on 28 April) - More than 2 months have passed since the Great East Japan Earthquake and Tsunami, measures for recovery and reconstruction including measures on employment have started. The first supplementary budget bill, which makes implementation of the measures recovery and reconstruction possible, was approved by the Diet and went into force. This may accelerate those measures. - Measures related to labour taken by Government mainly focused on urgent aids for workers like urgent treatment of Employment Insurance and Employment Adjustment Subsidy Programme (EASP) at the first stage. And they also started considering measures for affected employers. - On 5 April, Ministry of Health, Labour and Welfare (MHLW) announced a new package of measures for urgent employment creation and so on targeting on reconstruction. Second package was also announced on 27 April and started carrying out it after the adoption of the first supplementary budget bill. [Outline of damage and suffering due to the earthquake and related accident] (Damage and suffering due to the earthquake) Around 14:46 of March 11, massive earthquakes with the magnitude of 9.0 struck Sanriku Coast, Japan. Waves of tsunami swept cities and villages of Tohoku district off the Pacific Ocean, causing devastating human as well as physical damages. Tokyo also observed tremors with a seismic intensity of 5-strong, but damage there was relatively modest. Aftershocks still persist, particularly in Tohoku district. This earthquake and tsunami devastated Tohoku district and other regions. Damages were inflicted in East Kanto district, too. The number of deaths is 15,269, the number of injured is 5,363, and the number of missing is 8,526 (as of May 29 according to the National Police Agency). The number of those evacuated is 158,738 (as of May 26 at 11:00 according to the Fire and Disaster Management Agency). Sympathies have been expressed and assistance offered from around the world. So far 157 countries and regions as well as 42 international organizations have expressed their intentions to extend assistance. (This includes general intention of assistance, human resource assistance, relief supplies and donations.) So far, 1

2 rescue, medical support and disaster relief teams from 23 countries and regions (Australia, China, France, Germany, India, Indonesia, Israel, Italy, Jordan, Mexico, Mongolia, New Zealand, the ROK, Russia, Singapore, South Africa, Switzerland, Sri Lanka, Thailand, Taiwan, Turkey, the U.K., the U.S.), as well as the UNOCHA, FAO, an IAEA expert team, and the WFP have arrived Japan and have been operating in disaster-stricken areas. (The list includes countries and regions which have already left the site.) Surveys have been conducted by UN organizations and other institutions related to disaster relief. Japan has received relief goods and donations from countries and regions throughout the world, as well as from international organizations. (Accident on Fukushima nuclear power plant) The earthquake and tsunami resulted in emergency situations including failure of the reactor-cooling systems in TEPCO (Tokyo Electric Power Company)'s nuclear power stations (the Fukushima Dai-ichi Nuclear Power Station) in Fukushima Prefecture. The situation is still unstable and it is difficult to predict when the power plant finally cool down and become safe at this stage. On April 12, Japan made assessment and announced that the accident at the Fukushima Dai-ichi Nuclear Power Station corresponded to Level 7 on the International Nuclear Event Scale (INES). At the same time, however, as emphasized by Japan, this new assessment does not mean that the situation in Fukushima is aggravating. The new assessment is a result of the latest calculation, based on newly obtained data of the total amount of radioactive substances released, in accordance with the IAEA criteria. Due to this situation, the area around the plant was assigned as evacuation area (non binding) for the area of 20km from the plant and as voluntary evacuation or staying in the house area for the area of 30km from the plant. On 22 April, Japanese government announced that the area of 20km from the plant became no-entry zone binding from 22 April. On April 17, TEPCO announced the "Roadmap towards Restoration from the Accident at Fukushima Daiichi Nuclear Power Station" at the instruction of Prime Minister Naoto Kan. The roadmap aims to bring the levels of radiation into a steady decline in about three months and, in another three to six months, control the release of radioactive materials and significantly suppress radiation levels. On May 17, TEPCO put together the status of the progress of the "Roadmap towards Restoration from the Accident at Fukushima Daiichi Nuclear Power Station". (Roadmap) (Getting ordinary life back in non disaster-stricken areas and scheduled electrical power stoppage) However, non disaster-stricken areas including Tokyo become calm and took the ordinary life back. And scheduled electrical power stoppage due to shortage of electric power was not conducted since April because the climate becomes warm and some says it may not be necessary till the summer comes when we use an air-conditioner. It should be noted that this scheduled electrical power stoppage is planned in the area only where TEPCO supply electrical power (Only 8 and half prefectures including Tokyo metropolitan). 2

3 (Number of establishments and workers in the affected region) It is very difficult to calculate the exact number of affected workers and employers in this stage. However, MHLW estimates the number of establishments and workers in the coastal communes in 3 prefectures (Iwate, Miyagi and Fukushima), it says 88 thousands establishments and 841 thousands workers. [Government] (Establishment of Conference on promotion of employment support and job creation for the disaster victims) Just after the earthquake, Japanese government established the Headquarters for Emergency Disaster Measures headed by P.M. Mr. KAN and related ministries also established their own headquarters for response to the disaster. On 20 March, Subsidiary Headquarters for Special Measures to Assist the Lives of Disaster Victims headed by Mr. MATSUMOTO, Minister of State for Disaster Management was established under the Headquarters for Emergency Disaster Measures Conference on promotion of employment support and job creation for the disaster victims was established under the chairmanship of Ms. KOMIYAMA, Senior Vice-minister of Health, Labour and Welfare, and held the first meeting on 28 March. This conference is subordinate body of the Subsidiary Headquarters for Special Measures to Assist the Lives of Disaster Victims. The secretariat of this conference was headed by both Mr. KOBAYASHI, Parliamentary Secretary of Health, Labour and Welfare, and Mr. TSUGAWA, Parliamentary Secretariat of Land, Infrastructure, Transport and Tourism. The members of this conference consists of Director-Generals of related bureaus in MHLW, Ministry of Land, Infrastructure, Transport and Tourism, Ministry of Internal Affairs and Communications, Ministry of Economy, Trade and Industry and Ministry of Agriculture, Forestry and Fisheries and Ministry of Environment. (Current situation on public service on labour) Due to this disaster, 11 Public Employment Security Offices (PESOs, 545 in Japan) and 7 Labour Standard Inspection Offices (LSIOs, 325 in Japan) were obliged to close as of 14 March. However, those offices gradually became open and all PESOs and LSIOs are open on 28 March except three offices (1 LSIO and 2 PESOs) situated in the area of evacuation or staying in the house (30 km area from Fukushima nuclear power plant) due to Fukushima nuclear power plant problem which are obliged to be closed since 14 March. (Urgent measures for suffered people, workers and employers) [Date indicated is the day when MHLW requested or ordered to subordinate organs] 1. Measures on Employment Insurance - Payment of unemployment benefit to workers who are not unemployed but cannot receive wage because of suspension (shutdown) of company s activity (special treatment) (12, 13 March) - Giving flexibility of procedure for unemployment benefit payment (for beneficiaries since before the earthquake) (11 March) - Prolongation of additional term of unemployment benefit (from maximum 60 days to 120 days) for 3

4 unemployed (including lay-off and temporary unemployed) who used to work in establishments located in the suffered area (2 May) 2. Measures on job placement - Setting up a special consultation desk on employment for suffered people (workers) in PESOs (12 March) and for refugees in places of refuge (25 March) - Job placement by PESOs across wider area using national network, special payment of trip expense on interviews for a job and moving after getting job (24 March) - Securing job offers with residence from the whole country (25 March) - Holding large job placement fairs in order to match up job offers by employers who have intention to hire jobseekers suffered by the disaster to such jobseeker suffered by the disaster (25 March) - Establishment of new grant for employers who employ unemployed due to the disaster or job seekers living in the suffered area (500,000JPY per person, 900,000JPY for SMEs) (2 May) 3. Measures concerning Employment Adjustment Subsidy Programme (EASP) - Easing conditions of EASP for employers in the suffered area (17 March) - Giving further flexibility on procedure for EASP (30 March) - Expanding the target of EASP to employers who are obliged to reduce the business due to scheduled electric power stoppage (see below. 6 April) - Expanding the target of EASP and prolongation of terms of payment to employers who have deep economic relation with the enterprise located in the suffered area (having specific share of transaction with those enterprises like sub-contractor) or sub-sub-contractors of those enterprises (2 May) 4. Measures for new graduates (a person who has just graduated or will graduate next spring) - Special treatment of EASP for new employees (new graduates) who are obliged to be absent from work because of shutdown of business, closing establishment, scale down operations due to the earthquake, escape from the area of Fukushima nuclear power plant or scheduled power stoppage by shortage of electricity (13 March) - Request employers organizations (328 organizations) to allow new graduates (with unofficially promised job offer) to enter enterprises, to give special consideration for young jobseekers from suffered areas by the disaster and to consider new graduates who were cancelled unofficially promised job offer (22 March) 5. Measures on housing for affected people - Fully utilizing of Employment Promotion Apartment as temporary apartments for refugees due to the disaster (12 March) (including refugees from Fukushima nuclear power plant area 19 March) and extending the duration for refugees to lend it up to 2 years (29 March) 6. Measures on labour conditions and occupational safety and health - Setting up an urgent consultation desk on labour conditions, OSH, Labour Insurance and workers accident compensation in LSIOs (25 March) - Offering dust masks (up to 90,000) to suffered area through prefectural labour bureau (28 March, 4 April) - Telephone consultation on health (including mental health) for suffered people by Industry Health Support 4

5 Center and regional Industry Health Center and so on (16 March) - Carrying out joint inspection patrol in Sendai (MHLW and local labour bureau) mainly to avoid aspiration of dust including asbestos in suffered area where lots of workers or volunteers work for taking off rubble (22 April) - Ordering Local Labour Bureau to hold special short course lectures for workers (including volunteers and employers) who engage in taking rubble away for the first time (25 April) - Ordering to related enterprises to carry out extraordinary medical check once a month for workers who engaged emergency operation in the Fukushima nuclear power plant more than one month or who was exposed to radiation of more than 100 msv (25 April) - Establishment of Special team for securing health of workers in Fukushima Nuclear Dai-ichi power plant in MHLW according to Immediate Actions for the Assistance of Nuclear Sufferers compiled by Nuclear Emergency Response Headquarters on 17 May. (17 May) 7. Measures on Worker s Compensation Insurance - Giving flexibility on procedure of applications for benefit of Worker s Compensation Insurance (11 March) - Raising public awareness of procedure of Worker s Compensation Insurance with newly compiled Q&A for victims by the Earthquake and Tsunami (24 March) - Special treatment based on the new law for survivor s pension (It takes one year after missing to get official clarification of disappearance from a court. But the new law permits a court to give official clarification of disappearance when it passed more than three months after missing) (2 May) 8. Measures in cooperation with other social welfare services for suffered people - Setting up one-stop service counter in suffered areas for consultation and procedure on employment, labour condition, labour insurance, pension and other social welfare (5 April - ) (Number of instructive consulting by MHLW with establishments who were obliged to dismiss workers due to the disaster) Number of instructive consulting by MHLW with establishments who were obliged to dismiss workers due to the disaster is 353 (establishments basis, 431 cases basis) as of 20 May. (New package of measures announced on 5 April) On 5 March, MHLW announced new package of measures for the affected people by the disaster, which was compiled by Conference on promotion of employment support and job creation for the disaster victims. This package is called Japan as One (Nihon wa hitotsu) Work project phase 1, which means the Conference will announce other package one after another coping with the situation at that time. This package consists of three pillars, (1) Creation of employment by restoration undertaking, (2) Construction of system for matching between affected jobseekers and jobs, (3) Preserving employment of the affected workers. (1) Creation of employment by restoration undertaking (Cash for Work for restoration undertaking) - Add Activities response to the disaster to the target growing sectors i of the Employment Creation Programme on target sector - Extending of the duration (currently 1 year) of the Employment Creation Programme on target sector 5

6 - Securing the priority of employment to affected people using PESO s network and giving a special subsidy to employers who hire an unemployed due to the disaster (2) Construction of system for matching between affected jobseekers and jobs - Establishment of Work Council consisted of national government s organs, local governments and related organizations in order to gather information on reconstruction projects, to secure preferential usage of materials to reconstruction activities and to submit job offerings to PESOs - Strengthening and expansion of the function of PESOs like (1) establishment of the network to outside related bodies, (2) delivering job placement services to places of refuge, (3) establishment of new public vocational training course for suffered people (workers) and (4) sending PESO s stuff in non affected areas to PESOs in affected areas where consultations, operations and duties are considerably increased (3) Preserving employment of the affected workers - Expansion of EASP (coverage for special treatment, new measures for affected employer by scheduled electric power stoppage) According to MHLW this package of countermeasures Phase 1 has ensured employment opportunities, including job offers and job openings, for about 44,000 people. (27 April) (Decision on the first supplementary budget bill by the Cabinet) On 22 April, the government decided on the estimate of the draft first supplementary budget for the immediate post-quake reconstruction of the areas stricken by the Great East Japan Earthquake. While considering the financial resources, the government reached an agreement to make a review of Japan's entire official development assistance (ODA) budget. Then they decided to reduce Japan's ODA-related budget by 50.1 billion yen, out of which 27.6 billion yen was under MOFA's jurisdiction and 22.5 billion yen was a financial contribution of the Loan Assistance Department of the Japan International Cooperation Agency (JICA) under the jurisdiction of the Ministry of Finance. There are a large number of opinions saying that Japan should not reduce the ODA-related budget at this moment that the international community is paying attention to Japan's post-quake arrangements. The decision was made in response to the strong request of the ruling party and the Foreign Minister said I understand that the reduction is made only for the current fiscal year. (New package of measures announced on 27 April) On 27 April, Conference on promotion of employment support and job creation for the disaster victims compiled second package of measures called Japan as One Work project phase 2 in order to take measures according to the supplementary budget (approved on 2 March) and new legislation. MHLW says it is expected that employment will be created and supported for a total of more than 1.7 million people through the implementation of the this package. The outline of this package as follows; (1) Steadily creating jobs through reconstruction projects Promoting the reconstruction projects (It is estimated that various reconstruction projects by the supplementary budget (repairing roads, 6

7 airports, fishing ports, schools and public offices, constructing temporary houses and putting demolition debris away) will create around 200,000 employment) Increasing the funds for the Project on Job Creation in Priority Areas ( Cash for Work, taking care of elder people and children in evacuation sites or temporary houses, promoting agricultural products or tourism and so on, will be offered to unemployed in suffered areas using this fund.) (2) Assistance for disaster victims new employment Further expanding the subsidies for companies that hire the disaster victims (3) Maintaining employment and establishing stability in life for the disaster victims Further expanding the Employment Adjustment Subsidies Assisting the reconstruction of small and medium enterprises, farmers and fishermen, the environmental health industry, etc. Further expanding the extended payments of employment insurance benefits This package has been carried out after approval of supplementary budget bill on 2 May step-by-step. MHLW estimates that employment creation and support through the implementation of Phase 2 generate a total of 4,296.6 billion yen. create employment for around 200,000 people. Support employment for over 1.5 million people. (logo of new project package) MHLW determined logo of Japan as One (Nihon wa hitotsu) Work project on 24 May. (Request to employers organizations) Senior Vice-minister of Health, Labour and Welfare, Ms. KOMIYAMA visited major employers organizations including JBF and requested member employers to take consideration on employment related to the disaster. The major points of the request are as follows; (1) Avoiding dismissal using EASP (2) Making active job offers including job offers in non-suffered areas (3) Active hiring of suffered unemployed new graduates (4) Having social dialogue on changing labour conditions due to scheduled electric power stoppage (5) Securing employment of non-regular workers (Planned further measures to support suffered employers) 7

8 The government is giving consideration to allow terribly suffered employers their remission of social insurance (an employee s pension, health insurance, unemployment insurance and industrial worker s compensation insurance) for one year. They say this measure will reduce labour cost about one million JPY per an employee on average. This measure may be applied to employers who does not locate in suffered area but damaged by the earthquake and tsunami. This measure requires revision of the law. [Workers] (Establishment of Headquarters of Disaster Relief and Measures by RENGO) On 14 March, Japanese Trade Union Confederation (RENGO) established Headquarters of Disaster Relief and Measures headed by Mr. KOGA, President of RENGO. This headquarters immediately decided to start a fund-raising campaign for the disaster relief. And it also started dispatching volunteers to affected regions from 31 March and they intend to send a total 25,000 volunteers by the end of June. (Request to Government and political parties) On 15 and 16 March, RENGO requested the Government (P.M. Mr. KAN etc.) and political parties to take urgent measures for the disaster. The outline of requests are (1) Securing lifeline for the suffered people, (2) Urgent employment and labour measures, (3) Securement of safety for vulnerable workers. (Request to temporary staffing (dispatched workers) agencies and companies where dispatched workers are assigned) On 18 March, RENGO requested Japan Staffing Services Association (President Mr. SAKAMOTO) and Japan Production Labour Skill Association (President Mr. SHIMIZU) to take urgent measures for job security and working conditions of dispatched workers concerning East-Japan Earthquake and the following scheduled power stoppage ii. (Request to MHLW) On 25 March, at MHLW, RENGO requested Mr. HOSOKAWA, Minister of Health, Labour and Welfare, and Mr. KOBAYASHI, Parliamentary Secretary for Health, Labour and Welfare to take urgent measures for the disaster iii. (Request to Small and Medium Enterprise Agency) 29 March, at Ministry of Economy, Trade and Industry, RENGO requested Mr. TAKAHARA, Director-General of Small and Medium Enterprise Agency, to take urgent measures for the disaster iv. (Request to P.M. Mr. KAN) On 6 April, President of RENGO, Mr. KOGA, visited P.M. Mr. KAN visited again and requested the Government to take measures against the disaster. This second request covers various issues, not only issues related to employment and labour but also crisis management of nuclear power plant, necessity of basic plan of reconstruction and supplementary budget for relief and reconstruction. 8

9 (Request to Employers Organization on employment issues) On 5 and 8 April, RENGO visited major employers organizations and requested to take measures and best consideration on employment labour against the disaster. The major requests are on taking best efforts to secure employment and measures for new graduates. (Emergency Appeal on May Day) On 29 April RENGO held Annual Meeting for May Day in Tokyo carrying the slogan Meeting for relief from the Great East Japan Earthquake and Tsunami with smaller scale than normal year (9,000 participants). They adopted Statement for relief, Let s Connect Japan which emphasizes necessity of further solidarity. [Employers] (Establishment of Headquarters for Response to Tohoku-Pacific Ocean Earthquake) On 14 March, Japan Business Federation (JBF) established Headquarter for Response to Tohoku-Pacific Ocean Earthquake and is working on supporting affected people and reconstruction. General manager of the Headquarters is Mr. YONEKURA (President of JBF) and deputy general manager is Mr. NAKAMURA (Secretary-general of JBF). The headquarters gives priority to Supporting affected people and Reconstruction. The headquarters will request member companies/organizations cooperation and cooperate and coordinate with Government, NPO and NGO etc. For the time being, the headquarters will focus on Supporting suffered people. They will work on cooperating with the related organs including with Disaster Volunteer Supporting Project Conference collecting on-the-spot information with request to member companies/organizations to donate and to provide machinery and materials, relief goods and services necessary. (Consideration for 2012 student jobseekers) On 15 March, JBF requested member companies to make the best efforts for 2012 student jobseekers like extending a dead line of application document (entry sheet etc.). On 22nd March, JBF requested member companies to make much more efforts for 2012 student jobseekers from suffered areas to reconsider whole employment procedures including extending a date of employment procedures, establishment of exceptional chance of employment, securement of more chances of employment, extending dead line of an entry sheet submission, and rescheduling of employment process. (Announcement of urgent appeal for reconstruction from the damage by the earthquake) On 31 March, JBF announced Urgent appeal for reconstruction from the damage by the earthquake. This appeal covers broad range and it goes without saying that it includes issues related labour and employment v. This is the second urgent appeal followed by the first one mainly on urgent relief announced on 16 March. (Announcement of requests on employment measures) On 5 April, JBF announced requests on employment measures for early restoration. This requests 9

10 consist of 5 pillars as follows; (1) Securing employment, (2) Giving flexibility on human resource management (flexibility on working time), (3) Securing occupational safety and health, (4) saving electricity, and (5) inviting consideration to the discussion on revision of the law concerning fixed-term workers. (Efforts for reducing usage of electric power in coming summer) JBF started several discussions and held seminars on measures for reducing usage of electric power in coming summer when the shortage of electric power seems to be indispensable by decline of power supply due to stoppage of several nuclear power plants. JBF itself decided to close the office from 6 to 21 August and requested to their member enterprises to take effective measures to reduce 25% of usage of electric power and making the peak of power usage even in summer using several measures, for example, rotation system of day-off by industry (A industries takes day-off on Monday and Tuesday and B industry takes day-off on Wednesday and Thursday ), introduction of summer-time by enterprise, taking long closure of working place (work on national holidays in spring and autumn instead) and so on. As a result of such kind of activities, JBF announced that 543 enterprises compiled the plan of electric power usage reduction as of 20 April. Such kind of measures and experience may change Japanese work style in summer. (Requests to Government on deregulation related to labour) JBF submitted requests on deregulation in various areas, which includes deregulation related to labour, to Japanese government twice on 28 April and 13 May. They say it is necessary to carry out effective and rapid restoration from the disaster. i Employment Creation Programme on target sector identified nursing care, medical service, agriculture and fisheries, environment, energy, tourism and education and studies as growing sectors. Local governments can entrust some activities of growing sector to enterprises or NGOs with new employment using the fund funded by the national government under this programme (for 1 year). ii The outline of requests is as follows; [To dispatching agencies and company where dispatched workers are assigned] 1. In case that a client can t operate, making an effort to secure an alternative employment opportunity for dispatched workers cooperating with the client. In case that they can t find it, supporting dispatched workers by providing an allowance for absence from work etc. 2. Not to cancel the contract before maturity. Under unavoidable circumstances, securing wage for unexpired term. 3. Treating their absence, lateness and leave early caused by a disruption in public transportation schedule as a normal attendance. 4. Paying the difference for unavoidable detour commuting. 5. Making the best effort to secure their jobs and to keep working conditions. [To trade unions under RENGO] 1. Requesting companies to minimize the effect like a suspension of dispatched workers work and not to request the dispatching agencies to cut fees. 2. Requesting companies not to cancel and to avoid disadvantage treatment for reasons of their absence lateness and leave early affected by the disaster. 3. Requesting companies to make the best effort to avoid a dismissal for reasons of the disaster and following scheduled power stoppage. 10

11 4. In the case of unavoidable suspension or dismissal, requesting companies to make an effort to secure an alternative employment opportunity for them cooperating with the client. In case that they can t it, requesting the dispatching agencies to pay adequate compensation as well as providing an allowance for absence from work and a compensation of damages more than a dismissal allowance. iii The major requests are as follows; 1. One-stop service for (1) consultation for procedures of job hunting support, unemployment insurance and workers' accident compensation insurance, (2) labour consultation (wage, dismissal) and (3) mental health consultation 2. Strengthen OSH (rapid payment for affected workers, asbestos, workers in nuclear power plant and so on) 3. Raising public awareness of exceptional measures for unemployment insurance and consideration to review necessary 4. Raising public awareness of exceptional measures for employment adjustment subsidy, further expansion of subsidy and easing necessary conditions 5. Support for strategic building industries which create employment in the region for reconstruction. 6. Early enactment of a bill Act on Support for Jobseekers who cannot receive unemployment benefit (second safety-net) and establishment of public base for vocational training in the affected regions. iv The major requests are as follows; 1. Expansion of financial measures for SMEs 2. Measures for enterprise turnaround initiative 3. Support for SME workers (one-stop consultation services, employment security for new graduates and so on) v Issues related to labour and employment are as follows; - Implementation of new project on employment creation in the suffered areas - Support to the companies who are making efforts to maintain their employment - Securing the life of unemployed and support for their reemployment - Offering job opportunities with support to the companies who intend to hire works and introduction of suffered unemployed to public works projects - Consideration for procedure and premises of labour insurance 11