The 22nd Central Executive Committee Meeting
8 Points include Guarantee of 3 Basic Labor Rights
Basic Demands Endorsed for Civil Servant System Reform
(8 June 2001)

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.
I
mprovement 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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