Will the permanent government fix the trainee problem?
Posted by Matt Dioguardi on 31st May 2007
Recently the topic of foreign trainees came up for discussion on the Community in Japan list. I’ve blogged a lot on this topic previously.
Let me give a very opionated response to the recent news surrounding the trainee program.
Before I begin I should remind people why the trainee system is tragically flawed. Let’s not mince words. Basically it is not a trainee system, but a method used by small and mid-sized companies to procure cheap labor. These trainees face common abuses such as having their passports taken and their wages withheld. Even when they are paid, their salary is nearly always far below normal standards. Trainees work around the clock for little pay in horrible conditions, and often aren’t even protected by labor laws. Stories of abuses ranging from rape to isolation to not allowing people to practice their religion have constantly made the headlines. It’s all too obvious that the program has no competent oversight such that it’s nearly an anything goes world for those participating. Brokers in third world countries offer for exorbitant fees to get people into the program, but when they get to Japan they certainly must feel cheated. Many escape their job and become illegal laborers at different companies. The program is a disaster.
While the program actually does have some companies that really use it properly, these are sadly becoming the minority. As the population declines and the economy improves the problem looks surely set to spiral out of control. Action was needed literally years ago, but to date nothing has been done to really fix the problem.
Now recently three ministries have stepped forward with a plan to save the day. These would be:
The Ministry of Justice
The Ministry of Health, Labour and Welfare
The Ministry of Economy, Trade and Industry
There would seem to be the three views, roughly something like this …
Justice Ministry: Let’s stop pretending this is a trainee program and just admit openly that it’s a guest worker program. Then let’s be very clear that we expect labor laws to apply to the guest workers just like anyone else. We’ll crack down on the abuses. However, let’s be very clear that after the guests have stayed for three years, they MUST leave and they certainly can NOT come back. We don’t want these poor low life scum ruining Japanese society and culture.
Labor Ministry: Let’s just reform the system a bit. Let’s throw out the Industrial Training Program and instead focus on the Technical Internship Program. And you know that clause we’ve got about labor law not applying for the first year, well, let’s go ahead and apply it. That should fix things up, well, you know, maybe a little. I mean, this whole system is pretty lucrative for us bureaucrats, so let’s not rock the boat too much.
Economics Ministry: Let’s not let go of the idea that Japan is trying to help other countries by training their people. So what if the program becomes near slave labor at times. Even if it’s not true that were helping other countries, it’s the thought that counts. Do you know how much trouble it’ll be for us MITI bureaucrats to deal with these other countries if we were OPENLY using and throwing away their workers? They would hate us. We can’t lose the important facade that we’re helping to develop poor countries. Why don’t we offer a certification program for those who want to abuse the trainees. It won’t mean dirt, but it’ll give us bureaucrats a bit more power and that’s not bad, right?
Sorry if all this sounds a bit overboard. But then again maybe it’s not.
Let’s give some more background.
Most of the trainees now go through JITCO a bloated bureaucracy in and of itself. One that earns quite a bit of money. As Terrie Lloyd has noted:
As another article in the Daily Yomiuri reports, JITCO appears to be part of the problem, with the body being responsible for a reported 60% of all trainee visas. JITCO apparently earns JPY308m for visa application services and JPY1.148bn from member company dues, more than triple the amount 10 years ago. I wonder how JITCO is using this profit?
The JITCO is basically a partnership of five different bloated bureaucracies (ministries) and I’m sure in some way or another all of them have their hands in the cookie jar. Can you imagine any organization that can’t be changed unless five bloated bureaucracies can all agree to change it? All the while spiraling out of control for years?
What is lacking is someone in the non-permanent government, an elected official, who is willing to step forward and provide some leadership.
However, I’m not aware of any such politician. Is there anyone out there? As trainees can’t vote, I’d guess there isn’t anyone. For the record I searched both the LDP’s and the DPJ’s official sites and could not find anything worth commenting on in regards to the trainee program problem. The LDP grudgingly acknowledge the problem, but don’t seriously offer any solutions.
Now, if you look at the above proposals that each ministry has offered, they are all seriously flawed. None of them are ready to accept foreign laborers on anything but a temporary basis. This is either racism or at best culturism.
The idea that any of these bureaucrats want to provide legal protection for these workers is basically rhetoric. Consider this. If you worked in a job for three years, then for no explicit reason whatsoever you were fired and another person was hired to take your place (probably at a lower wage), wouldn’t you have rights? Of course you would. To a large extent labor laws in Japan protect citizens from such problems. So then why is it okay to do this to foreign laborers? It isn’t. It’s not fair. No matter what anyone says, until this is resolved, labor law is NOT in fact applying to foreigners.
I do think of all the proposals offered that the Justice Ministry’s proposal is the best, merely because it is the most honest and direct of all the proposals. It doesn’t attempt to pretend to be anything it is not. The author of the proposal should be commended for his directness and honesty.
Let us hope it is that policy that is chosen, and chosen soon. Then who knows, through such honesty, perhaps things can gradually improve.
News Links:
- 2007/05/28 Slain farm association official took fees from both Chinese trainees, farmers, Asahi Shimbun (via debito.org blog); “A slain former executive of a farm association had forced Chinese trainees to pay sizable fees that had already been covered by the farmers who accepted the trainees, sources said.”
- 2007/05/28 CRACK IN THE DOOR Cautiously, an Aging Japan Warms to Foreign Workers, Yuka Hayashi and Sebastian Moffett, Wall Street Journal; “Japan, long known for its resistance to mass immigration, is gradually starting to use more foreigners — known as gaikokujin roudousha in Japanese — to solve its labor shortage. They are taking up jobs in rural areas where industries such as agriculture and textiles are struggling. Big companies are filling their factories with foreigners to assemble auto parts and flat-panel TVs. In cities, foreign workers serve meals at restaurants and stock shelves at grocery stores. The 2005 census found Japan had 770,000 foreign workers, or 1.3% of its working population, up from 604,000 and 0.9% a decade earlier. That is still a far cry from the U.S., which has 22 million foreign-born workers, or 15% of the labor force. Nonetheless, for Japan it’s a big change.”
- 2007/05/19 Govt split over foreign trainee program, Takeshi Kosaka, Masaharu Nomura and Soichiro Kuboniwa, Yomiuri Shimbun; Excellent article. Well worth reading.
- 2007/05/18 Asahi: Update on NJ Trainee Worker program: reform or abolition?, debito.org blog; Article plus Debito’s comments.
- 2007/05/17 Nagase enters foreign-worker feud, The Asahi Shimbun; Discusses all the important topics, but not as good as the Yomiuri’s take above.
- 2007/05/16 Revised program for foreign trainees proposed, The Japan Times; “In an effort to curb misuse of the government-sponsored industrial training and internship program for foreign workers, Justice Minister Jinen Nagase proposed Tuesday allowing foreigners at authorized organizations to work for up to three years.”
- 2007/05/12 Panel: End exploitation of overseas trainees, The Yomiuri Shimbun; “A study group of the Health, Labor and Welfare Ministry drew up an interim report Friday that calls for a revision of the training system for foreign workers, which is believed to have allowed cheap labor, to make it mandatory to pay salaries that are due to such workers.”
- 2007/05/12 Workplace training program to be axed, The Asahi Shimbun; “The labor ministry is set to abolish a first-year program for foreign nationals who come to Japan to learn work skills as trainees because many companies routinely exploit such workers, sources said.” I don’t think this is correct. I think three ministries are arguing over what to do.
Policy Links:
- SAKANAKA CHANNEL: 外国人技能実習制度改革論
- LIberal Democratic Party: 外国人労働者に関する方針について
- The Ministry of Health, Labour and Welfare: 「研修・技能実習制度研究会中間報告」のとりまとめについて
- Ministry of Economy, Trade, and Industry: 外国人研修・技能実習制度に関する研究会とりまとめ報告
- The Ministry of Justice: [PDF] 「外国人労働者受入れに関する検討の指示について」
- Keidanran: 「外国人材受入問題に関する部会」が第1回会合
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