The technical intern training system and specific skills system in Japan aim to develop human resources in developing countries while filling the domestic labor shortage. However, in recent years, under these systems, there have been many cases of pregnant technical intern trainees and specified skilled workers being treated unfairly (Shueisha Online, 2024/11/18, etc.), and this has been harshly criticized domestically and internationally as a human rights issue. This article describes specific examples, the content of the criticism, and the responses of the government and the private sector.
1.Examples of pregnant technical intern trainees and specified skilled workers
(1) Forced resignation or return to their home countries due to pregnancy
There have been many reports of cases in which technical intern trainees and specified skilled workers who are found to be pregnant are forced by their employers to resign or return to their home country due to breach of contract. When a Vietnamese technical intern trainee reported her pregnancy, she was ordered to return to her home country based on a contract clause that stated that she would return to her country if she became pregnant. These contracts are said to be in violation of Japan’s Labor Standards Act and the Equal Employment Opportunity Act, but since trainees and specified skilled workers are under the control of their employers, it is often impossible to take appropriate countermeasures.
(2) Instructions to force abortion or conceal pregnancy
In other cases, pregnant interns and specified skilled workers are forced by their employers to have abortions or are instructed to hide their pregnancy and continue working. If they refuse, they may be subject to retaliation, such as being fired or being denied visa renewal, so many workers are put under psychological pressure.
(3) Harassment and overwork in the workplace
There are also cases of women being harassed by their employers or forced to work overwork after becoming pregnant. There have been reports of situations in which the health and safety of pregnant women are threatened due to lack of consideration for work and working hours suitable for pregnant women.
2.Criticism from home and abroad
(1) Domestic criticism
In Japan, human rights organizations and lawyers have pointed out problems with the system. The Japan Federation of Bar Associations has criticized the technical intern training system and the specified skills system as having structural problems that make it easy to infringe on workers’ rights. Discrimination or dismissal based on pregnancy or childbirth violates the Labor Standards Act, the Equal Employment Opportunity Act, and even the Mother and Child Protection Act. In response to this situation, there are increasing calls for a fundamental review of the system.
In addition, civil society organizations such as NPOs and NGOs are stepping up support activities for pregnant foreign workers and are working to spread social awareness of the problems they face. Local governments are also taking measures such as setting up consultation desks for foreign workers, but this has not resulted in a sufficient solution.
(2) Criticism from abroad
There has been a series of criticisms of Japan’s system from overseas as well. In particular, concerns have been expressed that Japan is exploiting their citizens in Vietnam and the Philippines, which send out large numbers of technical interns and specified skilled workers. The International Labor Organization (ILO) and the United Nations are also closely monitoring the human rights issues of foreign workers in Japan, and have issued statements calling for improvements.
These criticisms are causing damage to Japan’s international credibility as a nation that respects human rights. In addition, the deterioration of Japan’s image in sending countries may have an impact on future human resources.
3.Government and private sector response
(1) Government measures
The Japanese government is taking the following initiatives to prevent human rights violations in the Technical Intern Training Program and the Specified Skilled Worker Program.
1.Strengthening legal framework
The Technical Intern Training Law was enacted in 2017, and a system was put in place to supervise the working environment of technical intern trainees. However, this law lacks sufficient specific provisions related to pregnancy and childbirth, and further improvements are needed.
2.Establishment of a consultation desk
Consultation counters operated by the Organization for Foreign Technical Intern Training (OTIT) have been set up in various locations, creating an environment where technical intern trainees and specified skilled workers can report problems. However, there are many cases where people hesitate to seek advice due to language barriers or fear of retribution, and issues remain regarding its effectiveness.
3.Strengthening cooperation with sending countries
In cooperation with sending countries such as Vietnam and the Philippines, efforts are underway to create a system where workers can work with peace of mind. This includes building a system to quickly respond to problems associated with pregnancy and childbirth.
(2) Private sector initiatives
Some companies and organizations are providing support to pregnant foreign workers.
1.Improving the work environment
An increasing number of companies are reconsidering work content and working hours to ensure that pregnant technical intern trainees and specified skilled workers can work safely. There are also initiatives to support the taking of maternity and childcare leave.
2.Support from NPOs and NGOs
NPOs and NGOs that support foreign workers support pregnant trainees and skilled workers by providing legal support and medical services. These organizations help people solve their problems without feeling isolated by operating consultation centers and providing counseling.
4.Remaining issues and future prospects
In order to resolve the human rights issues of pregnant technical intern trainees and specified skilled workers, it is necessary to address the following issues.
(1) Structural reform of the system
It is necessary to clearly position technical intern trainees and specified skilled workers as “workers” and expand the scope of application of the Labor Standards Act and the Equal Employment Opportunity Act.
(2) Strengthening the monitoring system
In order to prevent fraudulent acts by employers, audit systems should be strengthened and strict penalties for violations should be established.
(3) Mechanism to reflect the voices of trainees and specified skilled workers
It is important to create an environment where trainees and specified skilled workers can quickly grasp and respond to on-site issues by building a system that allows their opinions to be reflected in system operations.
Conclusion
Unfair treatment of pregnant technical intern trainees and specified skilled workers is a serious human rights issue facing Japanese society. In order to resolve this issue, in addition to system reform, it is necessary to raise awareness of respecting the rights of foreign workers throughout society. The key to Japan demonstrating respect for human rights and establishing trust in the international community will be for the government, the private sector, and the international community to cooperate and create an environment where people can work with peace of mind.