Liberal Japan

This is part II of outline for chapter 10 of Japan and Global Migration, published 2000 by Routledge. Part I is here. The title for the chapter is “Labor law, civil law, immigration law and the reality of migrants and their children.” The author is Katsuko Terasawa a practicing lawyer in Osaka. These note cover 220 to 227.

II. The reality of foreign workers in Japan: problems with labor law and foreign workers

1. There are twenty seven categories for which a visa can be issued. Out of these there is no visa allowed for unskilled workers. “Thus, these workers if employed, become classified as illegal workers.”

2. [Matt’s opinion. If you make buying shoes illegal, then buying shoes will be illegal. That is, there are local areas in Japan where there is a desperate need for unskilled laborers in order to save the economy. The national government will not recognize this need. So the workers are hired regardless.]

3. Most of the foreigners of Japanese ancestry who come to Japan do so as unskilled laborers. [Matt’s comment: one might ask why is it that those of Japanese “blood” are considered more suitable for unskilled labor than say someone from a neighboring country, China or Korea.]

4. At the time this essay was written (around 2000) nearly 75% of visas were issued for six months or one year. Note that this leads to rights abuses, as employers can hold the visa requirement over the head of its workers. A situation that does not arise for Japanese workers.

5. All workers are covered by labor law regardless of status. The government of Japan has stated this many times and sent out circulars. In other words, illegal workers are covered by labor law.

6. Quote: “According to case law, the employer cannot dismiss his employee without clear justification. After the Supreme Court judgment of 22 July 1974, if a worker on a limited contract has it extended or renewed more than two or three times consecutively, the employer cannot terminate the employment contract without clear justification … For foreign workers, however, the term of the employment contract is linked with the period of their residence permit. If an employer wishes to terminate a foreigner’s contract, he need only justify it by noting that the visa would have expired by the end of the contract term.”

7. Unskilled laborers who come to Japan must work two or three years at least just to make up for the expense of coming to Japan. However, often they are dismissed prematurely and out of hand with our clear justification. Unlike their Japanese counterparts, they have no recourse when this is done because of their visa situation. Also, employers routines deduct ¥500,000 from pay when after letting them go. This is supposedly for travel and miscellaneous expenses. The result of a premature dismissal can be disastrous on these workers, who incurred serious expense just coming to Japan.

8. Quote: “[The reality is that] Foreign workers do not enjoy equal protection under the law.”

9. Quote: “… on 31 March 1995, an Australian English teacher who had extended his one-year contract four times was denied a contract extension for a fifth year. He sued at Osaka District court but lost his case, on 23 August 1995, because of limits on his residency. From surveying recent cases brought by English teachers, it has become increasingly apparent that they do not enjoy equal protection with Japanese people under case law.” Note: The situation is worse for unskilled laborers, for example Brazilians. It just so happens the English teachers were the ones bringing their cases to court.

10. Some employers withhold wages to unskilled laborer and pay them a lump sum when it is time for them to go home. This is in clear violation of the law.

11. Quote: “In June 1994, unemployment in Japan rose to a seven-year high. … When times became bad, foreign workers conditions suffered in comparison with those of Japanese workers because of the limits on residency as stipulated in their visas.”

12. The visa requirement is often used unfairly.
a. Don’t join a labor union or no renewal (Labor law violation.)
b. Accept bad working conditions or no renewal (Labor law violation.)
c. Accept unfair pay scheme or no renewal. (Labor law violation.)

13. The situation with “illegal” unskilled laborers is of course worse. Because the workers are undocumented they are often asked to do unhealthy, dangerous work. Many times they are not even told who they or working for, nor do they even know the address. At times yakuza are used as between persons to recruit the workers.

14. *All* workers regardless of status are entitled to many benefits, especially workers’ accidents compensation insurance.
a. employers often don’t report injuries for fear of rate increase
b. After the Immigration Law was revised in 1990, employers also became subject to punishment for providing assistance to illegal workers. Hence many employers hide the accidents from the authorities.
c. Worse if an undocumented worker applies directly for compensation, he might be compensated, but the insurance office *must* notify the immigration bureau, and so he will probably be deported.

15. In contrast to the insurance cases, the author states: “In August 1988, The Human Rights bureau of the Ministry of Justice exempted those public officials who engage in consultation services for foreigners from the obligation to report overstayers. Under pressure from the protest movement, in 1989 the Ministry of Labor also issued a circular … granting this exemption in principle to its public officials when they advise or receive claims from foreigners.

16. Quote: “Although the law provides that worker’s accident compensation insurance be available to foreign workers with Japanese ancestry, many of these workers are in fact forced (by brokers and employers) to purchase overseas travel injury insurance instead. When injured in an industrial accident, they are then compelled to use the private insurance. The worker is not only saddled with the cost of coverage but the extent of benefits is also inferior to national insurance.”

17. There is also a problem with an influential Tokyo Court decision in Japan stating that foreigner compensation (in terms of disabilities resulting from injuries) can be much less for foreigners. The reasoning is that when they go back to their home country the income levels are lower all around anyway. Author gives long quote from court’s decision here. (Totally absurd!)