Notes from “Foreign Workers and Immigration Policy” by Hirowatari Seigo from The Political Economy of Japanese Society Vol. 2 edited by Banno Junji; Oxford University Press, 1998, pages 99 to
1. Quote: “The essence of ‘training’ activities is ‘learning’ and in this sense it is the same as for ‘college student’ or ‘pre-college student’ residence statuses. ‘Training’ is ‘learning’ at institutions other than education institutions. ‘Work’ status is not included in ‘learning’ status. Accordingly, in cases in which a training allowance is paid to a trainee receiving practical training in a corporation, should the money provided exceed actual expenses (travel, living expenses, etc.) and amount to remuneration, the employer is open to the charge of facilitating illegal work and the trainee will be punished and/or deported for illegal work activity.” (Author cites two sources for this.)
2. Quote: “The point is that this sort of training system is not being taken at face value in the community. The distinction between practical training and work is very vague and the fact that corporations who were short-staffed utilized foreign workers in the guise of trainees was an openly acknowledged reality. In August 1989 the Ministry of Justice Immigration Bureau released data on the results of a survey conducted from April 1988. According to the data, of the 40 companies and 547 trainees surveyed, only 5 companies were judged overall by the Bureau to ‘have no particular problems’. In the remaining cases, there were suspicions that labour shortages were being overcome; 68 trainees were not permitted to renew their residence status and 13 were given deportation orders on the grounds that they were engaged in activities outside their status.”
[Comment: Clearly this information now is nearly 18 years old. But the question is, in the interim did the government ever do anything to improve the situation?]
3. At the time of the above reports, the government had at least some form of involvement in about 70% of the trainee programs. However, in 30% there was no involvement.
4. Note that from 1985 to 1990 the number of trainees more than doubled? Why? One guess is that during this time period of rapid economic expansion, the program was being used as a means to recruit unskilled labor.
5. After the above 1989 report deliberations occurred about how to revise the law. There was clearly a grey zone between what could constitute training and what could constitute unskilled labor. The Ministry of Justice said that this grey zone needed to be clarified before the program was expanded. The Ministry of Labour said very much the same thing.
6. Quote: “Kato Toshiyuki, who appeared before the House of Representatives Committee on Judicial Affairs as a trade union representative, introduced the concept that ‘training kills three birds with one stone’. His essential criticism of the training situation was that, whereas training worthy of the name should involve huge intake costs, the fact that corporations were supposedly ‘for the sake of global goodwill . . . proactively volunteering for training’ raised the question of whether or not it was in fact because ‘there was profit in it’. On the other hand, Masuda Masaichi, director of Nikkeiren ( Japan Federation of Employers’ Associations), emphasized in his testimony Japan’s need, as an advanced economy, to promote the intake of technical trainees for the purpose of economic assistance (i.e., technology transfer) to developing nations, as long as caution was exercised in the liberalization of human resources.”
7. Author cites a survey conducted by the Ministry of Labour in June 1990, that out of companies responding to the survey, 10% were taking in trainees. On average each company was taking in 16.8 trainees. Breakdown according to industry looked like this:
—Electrical machinery and appliances 20.2 %
—Finance and Insurance 19.1 %
—Manufacturing and Utilities 15.8%
8. Training period times were:
— 1 to 3 months 16.8%
— 3 to 6 months 25.2%
— 6 to 12 months 23.1%
—12 to 24 months 22.7%
Comment: Exactly how long should training take?
9. Costs per month
Less than 100,000 yen 17.7%
100,000 to 150,000 yen 16.5%
150,000 to 200,000 yen 30.8%
250,000 to 300,000 yen 13.9%
10. “There were, however, many complaints on the part of small and medium size enterprises, which have the most severe labour shortages, about securing trainees. If we accept as a premiss the reasonable argument that ‘training should actually cost money’, then it does not stand to reason that anybody would want trainees, but in reality this is not the case. The Ministry of Justice took a step that fitted with ‘reality’. The ’standards regarding training’ established by a ministerial ordinance of 1 June 1990 pursuant to clause 7, paragraph 1, sub-paragraph 2 of the revised Immigration Law stipulated certain requirements regarding the institutions able to offer training, which included practical training, but where the institution was the state, a local municipal body, or in other ‘cases specified by notification of the Minister of Justice’, these standards were not to apply. The subsequent ‘Ministerial Notification Regarding Training’ of 9 August 1990 prescribed Chambers of Commerce and Industry, Commerce and Industry Associations, and small and medium size enterprise groups as exceptions to the standards, with the aim being ‘to expand ways for domestic small and medium size enterprises to be involved in training programmes’. The proviso, however, was that they were required to operate the training programmes with financial and other assistance from, and under the guidance of, national and/or local municipal bodies.”
Comment: If this analysis is correct, then clearly the trainee program is just a means by which small to medium sized businesses can obtain unskilled labor.
11. Statistics for trainees:
1985 … 13,987 ( China 2,877; South Korea 1,604; Thailand 1,233)
1986 … 14,388 ( China 2,848; South Korea 2,336; Indonesia 1,114)
1987 … 17,081 ( South Korea 2,800; China 2,688; Thailand 2,428)
1988 … 23,432 ( Thailand 4,708; China 3,840; South Korea; 3,343)
1989 … 29,489 ( Thailand 4,502; South Korea 4,125; Philippines 3,974)
1990 … 37,566 ( China 7,624; Thailand 5,075; South Korea 4,485)
1991 … 43,649 ( China 10,668; Thailand 6,290; South Korea 4,439)
1992 … 43,627 ( China 15,054; Thailand 5,385; South Korea 3,717)
1993 … 39,795 ( China 15,688; Thailand 4,075; Indonesia 3,433)
12. Quote: “The use of trainees entered a new phase in late June 1991 when it was reported that agreement about post-training work had been reached between the four ministries of Labour, Justice, Foreign Affairs, and International Trade and Industry. According to the report, ‘the agreement will allow trainees to switch to a “specified activities” residence status and work for about one year after one year’s training. The proviso is that this will be limited to trainees and corporations who undertake training under the guidance of the “foreigner training association” (a working title of an organization to be set up in October 1991)’. … This idea was promptly incorporated, as the ‘Technical Intern Training Programme’, into the December 1991 Second Report on Administrative Reform Focusing on the Lifestyle of the People and Responses to Internationalization of the Ad Hoc Administrative Reform Council.”
Comment: Why should a company want to have the worker continue working after they are trained? I can only read this as an enticement for those who properly train the workers in question. That is you train the worker, then you get to use them for a year or so as unskilled labor.
13. Quote: “The combined period of the training and the technical internship may not exceed two years. The matter of a new residence status being set up to cover the period of the internship is to be looked at, but for the moment this is to be covered by the residence status of ’special activities’. Interns’ families are not permitted to come to Japan during the period of the internship, and it is expected that, in order to guarantee that interns return to their home countries, certain steps will be taken to ensure that preparations for returning home are in place, such as supervision by the corporation through the provision of accommodation facilities, a departure reporting system, and regular payments into a travel expense account by the corporation. Moreover, the Japan International Training Co-operation Organization, which was established in October 1991, has been active in arranging the Technical Intern Training Programme.”
Comment: Note the care which is taken to insure that the trainee will not establish ties and want to stay in Japan. They cannot come to Japan with their families. That’s rather hard on married people, I would think, to be away from home for two years.
14. Author’s conclusions regarding Technical Intern Training Programme: “The above issues require further monitoring. The least that can be said is that, should the intake of foreign workers proceed on the condition of one year’s training in accordance with the above-mentioned programme, it will be viewed by future generations as having happened because of short-term labour market vested interests without the consensus of the people, particularly through an act of parliament after thorough debate, and without a clear response strategy for the social and human issues that arise from immigration. The intake quota will essentially be determined by the demand of the Japanese labour market (there will, of course, be political negotiations with participating countries). Here once again we will see the principle of ‘economic growth’ taking precedence on the pretext of fulfilling our international obligations ‘as a developed economy . . . for the sake of global friendship’.”