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Guidelines on Ways for Employers to Taking Appropriate Measures with
Regard to Recruitment and Hiring, Assignment, Promotion, and Training
(Ministry of Labour Notice No. 19 of March 13, 1998)
1. Introduction
These guidelines determine actions that need to be clarified
specifically with regard to the matters provided for in Articles 5 and
6 of the Law on Securing, Etc., of Equal Opportunity and Treatment between
Men and Women in Employment (hereinafter referred to as “the Law”),
namely those that should be prohibited concerning recruitment, hiring,
assignment, promotion and training of workers in order to enable employers
to take appropriate measures.
2. Actions Which Violate Article 5 of the Law
With regard to recruitment and hiring, the actions listed
below, for each employment management category (category of workers by
type of occupation, qualifications, form of employment, form of working
or other basis, which has been established with the intention of managing
the employment of workers who belong to said category differently from
the employment of workers who belong to other categories; the same applies
hereinafter):
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(a) |
Excluding women from eligibility for recruitment or
hiring by reason of their being women.
Examples where such exclusion is deemed to occur: |
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i) |
Restricting eligibility to men only in recruitment or hiring for
a particular type of occupation. |
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ii) |
Restricting eligibility to men only in recruitment or hiring for
the super track in which the employees are expected to be engaged
professional and managerial occupation. |
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iii) |
Restricting eligibility to men only in recruitment or hiring that
requires applicants to have particular qualifications, such as a university
degree. |
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iv) |
Restricting eligibility to men only in recruitment or hiring of
workers for regular employment. |
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v) |
Using an occupational title that indicates the male gender in recruitment
or hiring (except in cases where it is clear that women are not excluded
thereby). |
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vi) |
Displaying expressions such as “Men welcome” or “Occupation
suited to men” in recruitment or hiring. |
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vii) |
Notwithstanding the fact that women are eligible for recruitment,
restricting eligibility for acceptance of applications for consideration
etc., to men only. |
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viii) |
Excluding women when making hiring decisions based on a policy that
women will not be hired. |
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(b) |
Notwithstanding the fact that both women and men are
eligible for recruitment or hiring, establishing a quota for women
or a quota for men to be recruited or hired.
Examples where a quota is deemed to be established: |
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i) |
Specifying during recruitment the number of persons
of each gender that the employer intends to hire. |
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ii) |
Recruiting while having established a minimum number of men to be
hired. |
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iii) |
Selecting women after completing the selection of men. |
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(c) |
When setting conditions of age, marital status, commuting
conditions or other circumstances for the purpose of recruitment or
hiring, setting different conditions for women and men.
Examples where different conditions are deemed to be set: |
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i) |
In recruitment or hiring where a maximum age limit for applicants
is set, setting said age limit lower for women than for men. |
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ii) |
Setting the condition of being unmarried for women only. |
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iii) |
Setting the condition of commuting from home for women only. |
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iv) |
In recruitment or hiring of graduates of universities or other
institutions, setting for women only the condition that they entered
the university or other institution by a given age, or that they attended
the university or other institution for not more than a given number
of years. |
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v) |
Indicating that women in specified circumstances will be treated
differently; for example, “Among women, unmarried applicants
preferred,” or “Among women, applicants who commute from
home preferred.” |
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(d) |
Treating women differently from men when providing information
related to recruitment or hiring, such as details of job vacancies.
Examples where different treatment is deemed to occur: |
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i) |
Restricting mailings of company profiles and similar materials
to men only, or sending such mailings to women at a later time than
to men. |
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ii) |
Making the company profiles and similar materials that are sent
to men more detailed than those sent to women. |
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iii) |
Restricting attendance at explanation sessions on the details of
job vacancies or related subjects to men only, or holding such explanation
sessions for women at a later time than those for men. |
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(e) |
Treating women differently from men in hiring examinations,
etc.
Examples where different treatment is deemed to occur: |
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i) |
Conducting hiring examinations for women only. |
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ii) |
Conducting a separate hiring examination for women only in addition
to the hiring examination(s) for both men and women. |
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iii) |
At interviews, asking questions about a particular matter to women
only. |
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iv) |
Setting a different passing standard in hiring examinations for
women as compared to men. |
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v) |
Hiring men in preference to women when selecting among persons
who have met the hiring criteria. |
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(f) |
Restricting eligibility for recruitment or hiring to
women only by reason of their being women.
Examples where eligibility is deemed to be restricted to women: |
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i) |
Restricting eligibility to women only in recruitment or hiring
for a particular type of occupation. |
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ii) |
Restricting eligibility to women only in recruitment or hiring
for so-called “the regular track in which the employees are
expected assistant and regular office worker” |
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iii) |
Restricting eligibility to women only in recruitment or hiring that
requires applicants to have particular qualifications, such as high
school graduation. |
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iv) |
Restricting eligibility to women only in recruitment or hiring
of part-time workers or workers who are to be employed for a fixed
period. |
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v) |
Using an occupational title that indicates the female gender in
recruitment or hiring (except in cases where it is clear that eligibility
is not thereby restricted to women only). |
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vi) |
Displaying expressions such as “Women welcome” or “Occupation
suited to women” in recruitment or hiring. |
3. Actions Which Violate Article 6 of the Law
| (1) |
Assignment |
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With regard to assignment, in any one employment management category,
the actions listed below: |
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(a) |
Excluding women workers from eligibility for assignment
to a particular duty by reason of their being women.
Examples where such exclusion is deemed to occur: |
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i) |
Restricting eligibility for assignment to sales duties to men workers
only. |
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ii) |
Restricting eligibility for assignment to duties consisting of
core work to men workers only. |
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iii) |
Restricting eligibility for assignment to duties involving service
overseas to men workers only. |
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(b) |
Excluding women workers only from eligibility for assignment
to a particular duty by reason of their being married, or having attained
a given age, or having a child or children, or similar personal circumstance.
Examples where such exclusion is deemed to occur: |
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i) |
Excluding women workers only from eligibility for assignment to
research duties by reason of their being married. |
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ii) |
Excluding women workers only from service at company headquarters
by reason of their having a child or children. |
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(c) |
When setting certain qualification requirements or other
conditions for assignment to a particular duty, setting different
conditions for women workers and men workers.
Examples where different conditions are deemed to be set: |
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i) |
Assigning men workers who have served at a given number of branches,
but requiring women workers to have served at a greater number of
branches in order to receive the same assignment. |
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ii) |
Making the holding of a particular state qualification or a particular
record of training a condition for women workers only. |
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(d) |
Treating women workers differently from men workers
when conducting an examination that assesses their qualifications
for assignment to a particular duty.
Examples where different treatment is deemed to occur: |
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i) |
Denying women workers eligibility to take an examination that assesses
qualifications for assignment to a particular duty. |
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ii) |
Setting a different passing standard for women workers as compared
to men workers in an examination that assesses qualifications for
assignment to a particular duty. |
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iii) |
Encouraging men workers only to take an examination that assesses
qualifications for assignment to a particular duty. |
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(e) |
Treating women workers differently from men workers
when selecting workers to be assigned to a particular duty from among
workers who meet the criteria for said assignment.
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(f) |
Restricting eligibility for assignment
to a particular duty to women workers only by reason of their being
women.
Examples where eligibility is deemed to be restricted to women workers: |
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i) |
Restricting eligibility for assignment to duty as a secretary or
receptionist, or similar duties, to women workers only. |
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ii) |
Restricting eligibility for assignment to duties consisting of support
work to women workers only. |
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(g) |
Restricting eligibility for assignment to a particular
duty to women workers only by reason of their being married, or having
attained a given age, or having a child or children, or similar personal
circumstance.
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(h) |
Reassigning women workers only, to their
disadvantage, by reason of their being women.
Example deemed to be disadvantageous reassignment:
Seconding only women workers to subsidiaries or affiliated companies
for the purpose of rationalization.
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(i) |
Reassigning women workers only, to their
disadvantage, by reason of their being married, or having attained
a given age, or having a child or children, or similar personal circumstance.
Example deemed to be disadvantageous reassignment: |
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i) |
Reassigning only women workers to workplaces that are inconvenient
for commuting by reason of their being married or having a child or
children. |
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ii) |
Seconding only women workers above a given age to subsidiaries or
affiliated companies for the purpose of rationalization. |
| (2) |
Promotion |
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With regard to promotion, in any one employment management category,
the actions listed below: |
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(a) |
Excluding women workers from eligibility for promotion
to a particular duty by reason of their being women.
Examples where such exclusion is deemed to occur: |
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i) |
Denying women workers the opportunity for promotion to managerial
positions. |
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ii) |
Setting a certain level of managerial positions beyond which women
workers cannot advance.
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(b) |
Excluding women workers only from eligibility
for promotion to a particular managerial position by reason of their
being married, or having attained a given age, or having a child or
children, or similar personal circumstance.
Examples where such exclusion is deemed to occur: |
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i) |
Denying promotion to women workers only by reason of their being
married. |
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ii) |
Denying promotion beyond a certain level to women workers only by
reason of their having a child or children.
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(c) |
When setting conditions for promotion to
a particular managerial position, such as attendance rate or length
of continuous service, setting different conditions for women workers
and men workers.
Examples where different conditions are deemed to be set: |
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i) |
Promoting men workers who have served continuously for a given number
of years, but requiring women workers to have served continuously
for a greater number of years in order to receive the same promotion. |
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ii) |
Promoting men workers who have maintained a given minimum attendance
rate, but requiring women workers not only to have maintained said
given minimum attendance rate but also to have served continuously
for a given number of years in order to receive the same promotion. |
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iii) |
Promoting men workers who have attained a given age, regardless
of their marital status, but requiring that, for women workers who
are married to receive the same promotion, a given number of years
must have elapsed after they attained said given age. |
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iv) |
Making the previous holding of a particular managerial position
a condition for women workers only.
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(d) |
Treating women workers differently from
men workers when conducting an examination for promotion to a particular
managerial position.
Examples where different treatment is deemed to occur: |
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i) |
Denying women workers eligibility to take an examination for promotion
to a particular managerial position. |
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ii) |
Making men workers who have served continuously for a given number
of years eligible to take an examination for promotion to a particular
managerial position, but requiring women workers to have served continuously
for a greater number of years in order to be eligible to take said
examination. |
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iii) |
Making men workers who have served continuously for a given number
of years eligible, regardless of their marital status, to take an
examination for promotion to a particular managerial position, but
requiring women workers who are married not only to have served continuously
for said given number of years but also to have the recommendation
of a superior in order to be eligible to take said examination. |
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iv) |
Exempting men workers only from some part of an examination or examinations
for promotion to a particular managerial position. |
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v) |
Setting a different passing standard for women workers as compared
to men workers in an examination for promotion to a particular managerial
position. |
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vi) |
Encouraging men workers only to take an examination for promotion
to a particular managerial position.
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(e) |
Treating women workers differently from
men workers when selecting workers for promotion to a particular managerial
position from among those who meet the criteria for said promotion.
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(f) |
Restricting eligibility for promotion to
a particular managerial position to women workers only by reason of
their being women.
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(g) |
Restricting eligibility for promotion to
a particular managerial position to women workers only by reason of
their being married, or having attained a given age, or having a child
or children, or similar personal circumstance. |
| (3) |
Education and Training |
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With regard to education and training, in any one employment management
category, the actions listed below: |
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(a) |
Excluding women workers from eligibility for education
or training by reason of their being women.
Examples where such exclusion is deemed to occur: |
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i) |
Restricting eligibility to men workers only when conducting education
or training for persons engaged in a particular duty. |
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ii) |
Restricting eligibility for practical training at a factory to
men workers only. |
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iii) |
Restricting eligibility for training through overseas study to men
workers only.
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(b) |
Excluding women workers only from eligibility
for education or training by reason of their being married, or having
attained a given age, or having a child or children, or similar personal
circumstance.
Examples where such exclusion is deemed to occur:
Excluding women workers only, by reason of their having attained a
given age, from eligibility for education or training for the purpose
of acquiring knowledge necessary to a duty in which it is possible
they will engage in future.
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(c) |
When setting conditions of eligibility
for education or training, such as length of continuous service, setting
different conditions for women workers and men workers.
Examples where different conditions are deemed to be set: |
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i) |
Making men workers who have served continuously for a given number
of years eligible for education or training, but requiring women workers
to have served continuously for a greater number of years in order
to be eligible for the same education or training. |
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ii) |
Making recommendation by a superior a condition for women workers
only. |
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iii) |
Providing education or training for all men workers, but for only
those women workers who request it.
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(d) |
Treating women workers differently from
men workers in the implementation of education or training.
Examples deemed to be different treatment: |
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i) |
Making the duration of education or training for women workers different
from that for men workers. |
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ii) |
Making the course of education or training for women workers different
from that for men workers.
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(e) |
Restricting eligibility for education or
training to women workers only by reason of their being women.
Examples where such restriction to women workers is deemed to occur: |
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i) |
When conducting education or training for persons engaged in a
particular duty, restricting eligibility for said education or training
to women workers only. |
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ii) |
Restricting eligibility for training in service to guests to women
workers only.
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(f) |
Restricting eligibility for education or
training to women workers only by reason of their being married, or
having attained a given age, or having a child or children, or similar
personal circumstance. |
4. Exception Relating to Measures Associated with Women Workers
Article 9 of the Law determines that measures taken in
connection with women workers with the purpose of improving circumstances
that impede the securing of equal opportunity and treatment between men
and women in employment shall not be illegal. “Circumstances that
impede” refers herein to the existence at a place of employment
of an actual disparity between male and female workers based on a company
institution or practice which stems from fixed attitudes concerning a
gender-based division of roles; it is appropriate that the existence of
said circumstances be determined according to whether or not a situation
exists in which women workers are substantially fewer in number than men
workers. Therefore, in an employment management category, or other category
of a similar nature, in which women workers are substantially fewer in
number than men workers, the provisions of paragraphs 2 and 3 above shall
not prevent an employer from taking the measures listed below.
| (1) |
Recruitment and Hiring
Treating women favorably compared to men in recruitment or hiring
in an employment management category, or other category of a similar
nature, in which women workers are substantially fewer in number than
men workers; for example, treating women favorably in providing information
related to said recruitment or hiring, or hiring women in preference
to men when selecting among persons who meet the criteria for said
hiring.
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| (2) |
Assignment
Treating women workers favorably compared to men workers when newly
assigning workers to duties in which, in any one employment management
category or other category of a similar nature, women workers are
substantially fewer in number than men workers; for example, encouraging
women workers only to take an examination that assesses qualifications
for said assignment, or assigning women workers in preference to men
workers when selecting among persons who meet the criteria for said
assignment.
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| (3) |
Promotion
Treating women workers favorably compared to men workers in promotions
to managerial positions in which, in any one employment management
category or other category of a similar nature, women workers are
substantially fewer in number than men workers; for example, encouraging
women workers only to take an examination for said promotion, or promoting
women workers in preference to men workers when selecting among persons
who meet the criteria for said promotion.
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| (4) |
Education and Training
Treating women workers favorably compared to men workers in providing
education or training which imparts abilities needed in a duty or
managerial position in which, in any one employment management category
or other category of a similar nature, women workers are substantially
fewer in number than men workers; for example, restricting eligibility
for said education or training to women workers only, or setting conditions
favorable to women workers.
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5. Exclusions
These guidelines shall not apply in cases which correspond
to any of the following:
| (1) |
Cases concerning workers engaged in the
following occupations: |
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(a) |
occupations in which it is necessary that persons of a particular
gender, whether male or female, be engaged due to the demands of artistic
expression, such as verisimilitude, in any of the arts or the performing
arts; |
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(b) |
occupations, such as guard or security personnel, in which it is
necessary that males be engaged due to the demands of crime prevention;
and |
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(c) |
in addition to those occupations listed in (a) and (b) above, occupations
in which there is deemed to be a necessity of a similar degree to
that found in the above occupations that persons of a particular gender,
whether male or female, be engaged due to religious reasons, or reasons
of public decency, or the nature of competition in sports, or otherwise
due to the nature of the work.
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| (2) |
Cases in which, for the sake of the conduct
of normal operations, it is deemed difficult to provide women equal
opportunity to men or to treat women workers equally to men workers
due to the fact that women's work is restricted or prohibited by the
provisions of Article 61 paragraph 1, Article 64-2, or Article 64-3
paragraph 2 of the Labour Standards Law (Law No. 49 of 1947).
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| (3) |
Cases in which it is deemed difficult to
provide women equal opportunity to men or to treat women workers equally
to men workers due to special circumstances, such as cases in which
it is necessary to serve at an overseas location where it is difficult
for women to exercise their abilities fully due to differences in
public morals, customs, etc. |
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