Japan Times Community Page on “Trainee” Jiang karoushi, how employer Fuji Denka Kogyo is trying to get away with it
Posted by debito on August 3rd, 2010
Hi Blog. The Japan Times once again makes Tuesdays a must-buy day, as the Community Page once again puts out another good article of investigative journalism, this time about the death of NJ from overwork under the aegis of the GOJ’s “Trainee” visa program.
We’ve already talked here about the Jiang Xiaodong death being the first officially acknowledged as a NJ karoushi. The latest development on that is, according to the article:
The labor office ruling has been passed to the public prosecutor, but it is unknown at this stage whether criminal charges will be laid against Fuji Denka Kogyo or the company’s president, Takehiko Fujioka. Furthermore, lawyers representing Jiang’s wife and family, who are suing for compensation, are claiming the company falsified work records by creating a new time card that showed Jiang worked considerably less overtime than he actually did. Their investigators were able to determine that in the year up to his death, Jiang did an average of more than 150 hours overtime per month — meaning he spent a combined monthly total of 310 or more hours on the factory floor.
But the investigation goes deeper now in the Japan Times. Excerpt:
The Japan Times, Tuesday, Aug. 3, 2010
THE ZEIT GIST
Dying to work: Japan Inc.’s foreign trainees
By SIMON SCOTT
…Recent amendments to the Immigration Control Act, which also included changes to Japan’s alien registration card system, have improved the situation for participants of the internship program, although arguably it is a case of too little, too late.
Under the old system, those in the first year of the program were officially classed as “trainees,” not workers, meaning they were unable to claim the protections Japanese labor law affords regular employees.
For example, the minimum wage in Japan varies according to prefecture, and currently the national average is ¥713 per hour. But as foreign trainees are not technically “workers,” employers are not obliged to pay them even this. Instead, they receive a monthly “trainee allowance,” which for most first-year trainees falls between ¥60,000 and ¥80,000 — the equivalent to an hourly wage in the range of ¥375 to ¥500 for a full-time 40-hour week.
For first-year trainees, trying to survive on such a low income is a real struggle, so most have to do a great deal of overtime just to make ends meet.
Although the “trainee” residency status still exists for foreign workers who arrived before 2010, it is currently being phased out, and from 2011 all first-year participants in the program will be classed as technical interns. This a significant step forward, as the Labor Standards Law and the Minimum Wage Act apply to foreign migrant workers with technical-intern residency status. However, whether migrant workers are actually able to access the protections they are entitled to is another matter, and the issue of oversight — or the lack of it — is still a long way from being resolved.
Abiko believes this absence of proper oversight has grown out of the internship program’s weak regulatory structure and a general lack of government accountability. The government entrusts most of the operations of the internship program to JITCO, an authority that lacks the power to sanction participating organizations or companies, says Abiko.
“JITCO is just a charitable organization. It is very clear that JITCO is not appropriate to regulate and monitor this program.”
In addition, she argues, the financial relationship between JITCO and the collectives or companies under which trainees work makes JITCO’s role as a regulatory body even more untenable. JITCO’s total income for the 2008 financial year was ¥2.94 billion. More than half this amount, ¥1.66 billion, came from “support membership fees” paid by the companies themselves.
“How can JITCO appropriately regulate and monitor their support members when they are dependent on them for membership fees?” she said.
Full article at