Japan NCP

TUAC Assessment

TUAC congratulates the Japanese for being the first NCP to volunteer for peer review after the 2011 Update of the Guidelines. TUAC also recognises the importance of having in place an NCP Committee that involves the social partners. However, TUAC is concerned that its procedures on confidentiality and parallel proceedings are out of line with the 2011 OECD Guidelines.

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Overview

OECD member Number of trade union cases 8 NCP Type Interministerial Body
Procedures The Japanese NCP has updated its procedures in light of the 2011 Update of the Guidelines. According to the Japanese NCP its new procedures applied from 25 November 2011. The procedures are clear and comprehensive explaining the information that should be provided by complainants when submitting a case and the steps and timescale that the NCP will follow in handling the case.

PARALLEL PROCEEDINGS

The existence of parallel legal proceedings has been the primary reason for the Japanese NCP rejecting cases submitted under the Guidelines. Its new procedures reflect the instruction in the 2011 Guidelines that cases should not be rejected solely on the grounds of the existence of parallel proceedings. However, it seems that the Japanese NCP would reject a case that had already been part of judicial proceedings that are now closed:

"(2) Relation to Judicial Proceedings
When dealing with specific instances in which the complaints submitted are in a parallel procedure, the Japanese NCP deals with the specific instance while taking
into consideration Paragraph 26 of the Commentary on the OECD Guideline’s Implementation Procedures. Especially, in cases where the issues raised are in the middle of judicial proceedings, the Japanese NCP deals with it while taking into consideration the independence of the judiciary system. In cases where the issues are specific domestic instances in Japan, when necessary, the Japanese NCP
consults with the Ministry of Justice on whether actions could be problematic to the independence of the judiciary system.

(3) Parallel Proceedings
Even in cases where the complaints are already in the process of examination under the laws and regulations and/or systems of relevant countries, the specific instances are still considered as deserving further examination where there is space for the Japanese NCP to work in. At the same time, in cases where judicial proceedings have already been concluded; complaints are considered as deserving no further examination by the Japanese NCP."

CONFIDENTIALITY

On confidentiality the Japanese NCP's procedures state that the Japanese NCP will:

"Consult beforehand with the enterprise regarding which contents the enterprise does not wish to be publicly released; all other issues raised shall be subject to public release."

Links to Procedures Procedural Guidelines for the Japanese National Contact Point (NCP) under the OECD Guidelines for Multinational Enterprises (MNEs) (Provisional Translation)

NCP Structure

NCP Member(s) Ministry of Foreign Affairs
Ministry of Health, Labour and Welfare
Ministry of Economy, Trade and Industry
NCP Committee Members JTUC-Rengo

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Contact Information

Full name National Contact Point for Japan Address OECD Division
Economic Affairs Bureau, Ministry of Foreign Affairs
2-2-1 Kasumigaseki
Chiyoda-ku, Tokyo
Telephone +81 3 5501 8348
Fax +81 3 5501 8347 Email keikokukei@mofa.go.jp
NCP Website http://www.mofa.go.jp/mofaj/gaiko/csr/housin.html
This web page is mainly in Japanese