At the 22nd Central Executive Committee
Meeting on May 17, RENGO endorsed its basic demands on a civil servant
system and the establishment of basic labor rights for the 21st century.
The demands cover eight main points including: the guarantee of 3 major
labor rights for regular civil servants (i.e. right to organize, the
right to collective bargaining, the right to strike), that personnel
management should be handled according to duties/responsibilities that
use fair and transparent standards, and so forth.
Introduction
On March 27th, the government's Administrative Reform Promotion Headquarters announced its endorsement of the "Outline for Civil Servant Reform." They plan to compile a "basic design" in June and immediately after that will begin working on a legislative reform process.
RENGO unveiled its "Goal of Total Restoration of Basic Labor Rights for Public Workers and Workers in Industries for Public Profit" at its "RENGO's Direction" and every year RENGO has continued to list the "Restoration of Basic Labor Rights" in its demands. Now, in response to the government's civil servant reform, RENGO assembled its basic demands that will lay the foundation for a 21st century civil servant system that will meet citizen's expectations and be based on policies enacted until this time. RENGO will submit its demands to the government as soon as possible and actively push for its early implementation.
Further, these basic demands include a guideline for reform for regular
administrative officers in the civil servant system. It is also expected
that reform of state-run companies will also be based on this standard.
RENGO will work for the realization of reform for local civil servants
that takes the establishment of basic labor rights and labor/management
discussions as fundamental and is based on local autonomy.
1. People Seek a New Civil Servant System
(1) Civil Servant System Reform that Responds to an Administration that Puts People First.
Postwar Japan has been continually dominated by bureaucratic-led, centralized administrations. In the coming aging, informational, internationalized society, bureaucratic administrations must be reformed to include and reflect the people's opinions in order for citizens to have something to live for.
To do that, it is vital to reform administrations so that they reflect
the wisdom and ingenuity of the people. Such reforms include encouraging
information disclosures, establishing a system to evaluate administration
and policies in cooperation with the people, a move away from centralized
administration to regional authority, and reforming the cabinet-led
administration.
In order to create the conditions for a new administration such as that
listed above, the following 3 items (2-4) must be brought about for
a 21st century Civil Servant System.
(2) Establish a Fair Civil Servant System that Answers the Trust
of the People. The people are seeking public servants who conform to the constitution and laws, think together with the people, plan solution measures for the people, implement fair government office/services, disclose information, and clearly explain to the people. As stated in Article 15 section 2 of the constitution, "All public officials are servants of the whole community and not of any group thereof." A civil servant system should be for the people, listen to their opinions, plan fairly, neutrally, and transparently, and carry out legislation.
(3) Public Servants who Take Responsibility for Their Jobs and are
Guaranteed the Three Basic Labor Rights.
Improvement of labor conditions and duties for regular public servants
must be conducted while meeting and negotiating with workers. In order
to follow through fairly with government work that is worthwhile, present
conditions must be reformed where servants are made to obey even those
requests that are illegal from their superiors. Also the three basic
labor rights (right to organize, right to collective bargaining, right
to strike) for public servants must be guaranteed for working conditions
such as wages and working hours.
(4) Civil Servant System Reform which Renew Duties that Respond to the People's Needs.
The content of administrative work needs to respond to the people's social needs, be revised for their benefit, and constantly respond to a high standard of quality that they seek. To create such a framework, a system must be set up to reform administrative duties and establish a system of evaluation for administration (policies) which is based on citizen participation. Further, the personnel evaluation system should be revised so it is fair and satisfying and joins with labor unions in setting standards. It is necessary to prepare a system of skill development and personnel training that systematically raises the level of job skills.
(5) Problems with the Current Civil Servant System.
1. Civil servant vertical administrative system through human affairs
based on seniority
The present civil servant system does not have a system of revision to check "work duties" in each division or section. As a result, personnel allocation, promotions and so forth are becoming separated from work duties producing an opaque personnel management system based on seniority. This has given rise to a closed administration that is vertically integrated by ministry, division, and section.
2. Damage by the administration led by career-track bureaucrats. The administration currently centers its personnel management around government officials who have passed the level I (career fast-track) examination. There is widespread consciousness of "superiority" and privileged and exclusive public administration goes unchallenged. Because of that, the administration has nurtured an unholy co-dependence on certain politicians, high-ranking civil servants, and industries, giving rise to widespread problems of bureaucratic "amakudari" and "political scandal."
*Amakudari is the practice of high-level government officials stepping
into executive posts in private and semi-public firms in the private
sector in fields closely linked to their government roles
3. Slowing of Personnel Training because of abolition of Labor/Management
Negotiations / Labor Contracts.
Clerical public servants are forbidden to strike or finalize labor contracts
and in return, their framework for revising wages, working hours, etc.,
which complies with the private sector, has been institutionalized by
the National Personnel Authority. However, the resulting framework that
abolition has produced has major failings as indicated by the ILO Committee
on Freedom of Association (1983). Firstly, it does not allow worker
participation and secondly, the government is not obliged to obey the
recommendations. Because of this, a proposal to improve the duties of
regular civil servants has been eliminated, improvement on government
work has been slowed, and the will of regular civil servants to improve
work skills has been stunted.
2. Basic Demands for a New 21st Century Civil Servant System
Along with responding to the citizens needs from the government and
revising government work, we must create a civil servant system that
protects the basic labor rights of regular civil servants.
(1) Guarantee Three Basic Labor Rights for Regular Civil Servants.
Make a guarantee of the three basic labor rights for regular civil servants,
the state of deciding labor conditions and pursuing work the focus of
collective bargaining/labor contracts. Regarding some of the managerial
employees in charge of human affairs, and people in position (police
officials, etc.) who exercise public authority directly involved in
sovereignty, clarify limitations on the right to strike, after granting
the right to organize. Further, make it a rule to gain approval from either the cabinet or the Diet to display the general state of basic civil service labor rights, when there are no budget provisions to decide regular civil servants' labor conditions such as job/fixed number of employees, wages, working hours, etc.
(3) Abolish Level I Career System, Appoint Managers from the Regular
Civil Servants. Abolish the level I (employment) examination system and the "Career System" that treats those selected from the examination system as executive trainees. Reform the employment examination system to require university and high school graduates. Promotions to "management posts" should be made by a selection process in which regular civil servants are appointed for their ability and merit. This selection system will establish "evaluation standards for management post promotion based on ability/merit" and appointments will be carried out according to this standard
(4) Legislate Politically Appointed Posts to Establish Cabinet-Led
Administration.
Set up politically appointed posts directly appointed by the Prime Minister
and ministers of each ministry and agency. Legislate and clarify the
number of politically appointed posts. Their period of appointment should
fall within the appointment of the person with appointive powers and
treatment should be in line with general civil servants duties.
(5) Protect Civil Liberties for Regular Civil Servants.
1. Legislate the banning of unfair transactions that eliminate
illegal and improper orders.
2. Severe restrictions on the political activities of civil servants
should be changed in the case of regular civil servants (excluding management),
so that they can conduct political activities under certain conditions.
3. Nonspecific office regulations on "dishonor to all government posts," those actions that discredit public service should display a clear standard grounded in social commonsense.
(6) Establish a Civil Service Labor Relations Commission, Legislate
Dismissal Limits, Pave the Way for Application of the Labor Standard
Law, etc.
1. In order to prevent against improper dismissal, implement the legislation
of the doctrine of abuse of the right of dismissal and the four requirements
for dismissal in times of reorganization. Also establish prior consultations
with labor unions.
2. Prepare the system for a civil service labor relations commission
that consists of the public sector, labor, and management independent
of any administrative body that can act as a mediator and arbitrator
when collective bargaining at public sectors ends in disaccord.
3. Apply the Trade Union Law and the Labor Standard Law to regular civil
servants. Also conduct a study on the possibility of using employment
insurance for them.
4. Regarding administrative management policies that are out of tune
with collective bargaining, set up a labor/management consultation system
in order to deepen the communication between labor and management.
(7) Systemize Exchange of Personnel between Bureaucracy and Private
Sector, Ministries and Agencies and Establish Standard Personnel Treatment
with equal Application in each Ministry.
1. In order to place and train necessary personnel for duty and eliminate
the vertically divided administrative functions of the Cabinet Office
and 12 ministries and agencies, set rules for: personnel exchange among
each ministry and agency, job changes and/or temporary transfers to
related organizations, and actively pursue personnel exchange.
2. When civilians are recruited for civil servant jobs to promote government-business
exchange, this should be public employment and clearly display a standard
based on ability and merit. Further, regarding the dispatching of civil
servants to private firms for a set period of time, a dispatchment standard
should be established with the participation of labor unions. 3. Establish a professional "personnel administrative organ" independent of each ministry and agency. Create "civil servant personnel treatment standards" that are to be applied equally among all the ministries and agencies, in order to protect the execution of duty in a neutral, fair manner while broaching labor contracts.
(8) Abolish Civil Servant "Amakudari." Abolish the practice of "amakudari" not only among the high-ranking bureaucrats but also regular civil servants. A third-party organization will conduct a review of civil servants changing their employment to private firms (including leaving jobs due to job change) based on stringent standards.
* Amakudari is the practice of high-level government officials stepping
into executive posts in private and semi-public firms in the private
sector in fields closely linked to their government roles.
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