Labor - Employment

Trainees in Japan are allowed to change workplaces if they are abused or harassed.

TH (according to VnExpress) November 27, 2024 21:20

Vietnamese workers in Japan are allowed to change workplaces instead of being tied down for 3 years in case of abuse, harassment, or forced overtime by their employers.

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Training class for Vietnamese workers preparing to go to Japan in Hanoi

The Department of Overseas Labor Management (Ministry of Labor, War Invalids and Social Affairs) has just announced to service companies sending interns to Japan about easing regulations on changing workplaces. On November 1, Japan issued a policy allowing foreign interns to change workplaces in cases of force majeure instead of being tied to the original receiving company for three years. The condition is that these situations must be proven.

Force majeure cases as prescribed include: Trainees whose human rights are violated; who are abused; who are harassed, subjected to rude, insulting, abusive, coercive, threatening words; pregnant women or women with small children are harassed. The receiving company commits illegal acts, seriously violates the contract, and is malicious, such as arranging work that is not in accordance with the internship plan, not paying full salary, requiring interns to return home before the contract expires, confiscating passports and residence cards, forcing them to work overtime, work on holidays, and not providing safety measures despite the dangerous work.

Trainees can submit a request for a change of workplace to the management union or the receiving company, along with documents such as photos and recordings to prove that they are in a force majeure situation. Upon receiving the request, the management union must process it and report to the Organization for Technical Intern Training of Japan (OTIT), and respond to the sender with the results.

During the period of changing workplaces, trainees can work temporarily 28 hours per week. In case they cannot find a new place and want to change to a specific skills residence, the Japanese authorities will issue a temporary residence permit while waiting for the official transfer.

Workers going to Japan as trainees are under the management of the union, so this agency must clearly explain the benefits and relocation procedures for workers who are in a concentrated training course after entering Japan.

The policy has some impact on Vietnamese workers because Vietnam is currently leading 15 countries sending interns to work in Japan with more than 200,000 people. There are many people going because there are no requirements for degrees and there are many occupations to choose from. However, people going under this type of program are only considered apprentices, receiving minimum wages, no bonuses, no allowances like locals. Interns are also not allowed to transfer to another place if the job is not suitable or the employer does not treat them well.

The Japanese program, which has been implemented since 1992, has been criticized for importing cheap labor and treating trainees as manual workers due to the country's severe labor shortage. Therefore, in April 2023, a Council of 15 experts, scholars, and provincial leaders in Japan proposed to eliminate it.

TH (according to VnExpress)
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Trainees in Japan are allowed to change workplaces if they are abused or harassed.