Mainichi: NJ medical intern death from overwork finally officially recognized as karoushi after 2 years

In a sad precedent, we have a clear case of death through overwork being officially recognized as such for a NJ doctor. It’s sadder that it has taken so long (more than two years) for that official recognition to come through. I’ve long realized that Japan has at times some pretty crazy work ethics (and a peer group atmosphere that encourages people to give their all, even until they die), but it seems even more crazy for NJ to leave their societies to come to a place that will work them to death. Especially as a NJ “trainee”, where they have even fewer labor-law rights than the locals who are in similar work circumstances. This situation has to be known about, since Japan’s immigration laws aren’t allowing a labor market where enough doctors (even imported ones) can satiate the perpetual labor shortage being referred to below. Only when GOJ authorities realize that the jig is up, because the international labor force is avoiding Japan as a harsh labor market to work within, will things change.

Mainichi: A regional labor standards inspection office in Aomori Prefecture has recognized that a Chinese trainee doctor who was working at a municipal hospital died from overwork, a lawyer representing the victim has disclosed. It is reportedly the country’s first case in which a foreign doctor working in Japan has been recognized by a labor standards office as having died from overwork. The Hirosaki Labor Standards Inspection Office in Aomori Prefecture acknowledged that the 2010 death of Lu Yongfu, a Chinese trainee doctor at a municipal hospital in Hirosaki, was work-related, in a decision on Dec. 20. Lu died at the age of 28 after working up to 121 hours overtime a month…

Japan Times Community Page on “Trainee” Jiang karoushi, how employer Fuji Denka Kogyo is trying to get away with it

Japan Times: 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.

NYT has video and article on JITCO NJ “Trainee” Program, including sweatshop conditions and karoushi

NYT: For businesses, the government-sponsored trainee program has offered a loophole to hiring foreign workers. But with little legal protection, the indentured work force is exposed to substandard, sometimes even deadly, working conditions, critics say.

Government records show that at least 127 of the trainees have died since 2005 — or one of about every 2,600 trainees, which experts say is a high death rate for young people who must pass stringent physicals to enter the program. Many deaths involved strokes or heart failure that worker rights groups attribute to the strain of excessive labor.

The Justice Ministry found more than 400 cases of mistreatment of trainees at companies across Japan in 2009, including failing to pay legal wages and exposing trainees to dangerous work conditions. This month, labor inspectors in central Japan ruled that a 31-year-old Chinese trainee, Jiang Xiaodong, had died from heart failure induced by overwork.

Under pressure by human rights groups and a string of court cases, the government has begun to address some of the program’s worst abuses. The United Nations has urged Japan to scrap it altogether…

The Japan International Training Cooperation Organization, or Jitco, which operates the program, said it was aware some companies had abused the system and that it was taking steps to crack down on the worst cases. The organization plans to ensure that “trainees receive legal protection, and that cases of fraud are eliminated,” Jitco said in a written response to questions…

As part of the government’s effort to clean up the program, beginning July 1, minimum wage and other labor protections have for the first time been applied to first-year workers. The government has also banned the confiscating of trainees’ passports.

But experts say it will be hard to change the program’s culture… “If these businesses hired Japanese workers, they would have to pay,” said Kimihiro Komatsu, a labor consultant in Hiroshima. “But trainees work for a bare minimum,” he said. “Japan can’t afford to stop.”

Japan Times & Kyodo: Foreign “trainees” dying at rate of two to three a month, takes two years for one to be declared “from overwork” (karoushi), more than a quarter from “unknown causes”

Kyodo: Twenty-seven foreign nationals who came to Japan for employment under a government-authorized training program died in fiscal 2009, the second worst figure on record, government officials said Monday. The number was the second largest, following the 35 foreign nationals who died in fiscal 2008. This could trigger moves toward revising the government program, first launched in 1993, as a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages.

Separate Kyodo: A labor office in Ibaraki Prefecture will acknowledge that a Chinese national working as an intern at a local firm under a government-authorized training program died from overwork in 2008, marking the first foreign trainee “karoshi” death from overwork, sources said Friday….

COMMENTS: Taste the ironies in these articles. First, how in 2009, the death of 27 “Trainees” (i.e. people brought over by the GOJ who as people allegedly “in occupational training” don’t qualify as “workers” (roudousha) entitled to labor law protections) is only the SECOND worst figure on record. Second, how we have close to a third (as in eight NJ) of the total dying of “unknown causes” (as if that’s a sufficient explanation; don’t they have autopsies in Japan to fix that? Oh wait, not always.) Third, how about the stunning ignorance of the sentence, “a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages”. If the Kyodo reporter had bothered to do research of his media databases, he’d realize it’s hardly “recent” at all. And it’s not being fixed, despite official condemnation in 2006 of the visa regime as “a swindle” and death after death (at a rate two to three per month) racking up. Karoushi was a big media event way back when when Japanese were dying of it. Less so it seems when NJ are croaking from it. Finally, look how it only took about two years for “a labor office” to admit that a NJ “trainee” had been worked to death, given the hours he worked that were a part of the record? Gee whiz, what Sherlocking! How many more people have to die before this exploitative and even deadly system is done away with?

DEBITO.ORG NEWSLETTER JUNE 3, 2014

Table of Contents:
POSITIVE STEPS
1) Asahi: ‘Japanese Only’ banner at soccer stadium a microcosm of discrimination in Japan (E&J)
2) Asahi & Kyodo: Japan’s soccer leagues taking anti-discrimination courses, meting out punishments for racism
3) Saitama’s Konsho Gakuen school, “Japanese Only” since 1976, repeals rule only after media pressure, despite prefecture knowing about it since 2012
4) Counterdemos against racist rally by Zaitokukai in Osaka Nanba May 11, 2014: Brief on emerging narratives fighting fire with fire

NEGATIVE STEPS
5) Reuters: Abe Admin seeks to expand, not contract, the deadly exploitative NJ “Trainee” program
6) SAPIO Mag features special on Immigration to Japan: Note odd media narratives microaggressing NJ (particularly the Visible Minorities) into voiceless role

STEPS OF UNKNOWN VALUE
7) Scholar Majima Ayu on how the racial discrimination inherent in America’s Japanese Exclusion Act of 1924 caused all manner of Japanese craziness
8 ) Economist: China to become world’s largest economy by end-2014. Will USA react to being overtaken similar to Japan?

… and finally…
9) My Japan Times JUST BE CAUSE Column 75, May 1, 2014: “Tackling Japan’s ‘Empathy Deficit’ Towards Outsiders”

Reuters: Abe Admin seeks to expand, not contract, the deadly exploitative NJ “Trainee” program

When Debito.org last seriously talked about the issue of Japan’s foreign “Trainees” (i.e. NJ brought over by the GOJ who are allegedly “in occupational training”, therefore not qualifying as “workers” entitled to labor law protections), it was back in July 2010, when news broke about the death of 27 of them in 2009. The news to me was that it was only the SECOND worst casualty rate on record. Even more scandalous was that about a third of the total dead NJ (as in eight) had died of, quote, “unknown causes” (as if that’s a sufficient explanation). Kyodo News back then rather ignorantly observed how problematic the “Trainee” system has been, stating that “a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages”. Hardly “recent” even back then: Despite years of calls to fix or abolish the program entirely, with official condemnations in 2006 of it as “a swindle”, and the UN in 2010 essentially calling it slavery (see article below), it was still causing deaths at the rate of two or three NJ a month. (The irony was that karoushi (death from overwork) was a big media event when Japanese were dying of it. Clearly less so when NJ die.)

Now sit down for this news: The GOJ is seeking not to reform the “Trainee” system, but rather to EXPAND it. As the article indicates below, we’ve gotta get more cheap, disposable, and ultimately expendable foreigners to build our Tokyo Olympics in time for 2020. And then we can round them up once their visas expire and deport them (that is, if they’re still alive), like we did back in Nagano for the 1998 Olympics.

This is precisely the type of exploitative capitalism that creates Marxists. But again, who in Japan empathizes with NJ workers? They’re only here to earn money and then go home, right? So they deserve to be exploited, runs the common national narrative. And under that discourse, no matter how bad it gets for them (and so far it really, really has), no amount of domestic or international condemnation will stop it.

DEBITO.ORG NEWSLETTER MARCH 4, 2013

Table of Contents:
TOLERANCE?
1) Amazing new Cabinet survey finds “81% welcome ‘foreigners’ of Japanese descent”. Festival of cognitive dissonance!
2) Another racist flyer from Osaka Pref Police, this time with stereotypical drawings of black people
3) Another genre of discriminatory sign: Genky Stores in Gifu threaten NJ shoplifters with arrest and employment reprisal. Odd, what with J shoplifting increasing
4) Wash Post: US teacher in Japan under attack from Internet bullies for lessons on Japan’s history of racial discrimination
5) Quoted in Die Zeit newspaper: “Japan: Old and Xenophobic” (German with machine translation)
TIDINGS:
6) BBC on Japan’s remilitarization: Island disputes justifying quiet buildup in Japan’s aircraft carriers, xenophobia in J youth
7) The 25-year “Special Reconstruction Tax” of Jan 1, 2013 — yet another GOJ leech on the Japan workers’ payroll?
PASSINGS:
8 ) Mainichi: NJ medical intern death from overwork finally officially recognized as karoushi after 2 years
9) Donald Richie passes away at age 88. Saluting one of our pioneering Japanologist brethren
…and finally…
10) Japan Times JUST BE CAUSE Column 60, Feb 4, 2013: “Keep Abe’s hawks in check or Japan and Asia will suffer” (full text)

DEBITO.ORG NEWSLETTER AUGUST 6, 2010

Table of Contents:
SPECIAL ON THE DPRK SPY KIM HYON HUI JAPAN VISIT: THE BIG CON

1) North Korean spy and terrorist skirts Immigration, gets to stay in Hatoyama summer home, due to Yokota Megumi Case
2) UPDATE: Additional thoughts on the DPRK Spy Kim Hyon Hui Japan Visit from a friend in the know
3) My Japan Times JUST BE CAUSE Column Aug 3: Kim uses Japan’s “perpetual victimhood” to her advantage

OTHER BIG CONS

4) Japan’s Centenarians are missing: Registry systems that ignore NJ residents are also registering long-dead Japanese as alive
5) Kyodo: NJ crime down once again, but NPA spin says NJ crime gangs “increasingly” targeting Japan, whines about difficulty in statistically measuring NJ crime
6) More racism in NPA police posters, this time Kanagawa Ken Yamate police and big-nosed “int’l NJ crime groups”.
(UPDATE: Contrast with same Kanagawa Police site in English: “we patrol community hoping smiles of residents never vanish.” Retch.)
7) Shame on Berlitz Japan for its court harassments, firing teacher for having cancer
8 ) Yomiuri: New “lay judges” in J judiciary strict about demanding evidence from prosecutors, give ‘benefit of doubt’. Well, fancy that.
9) Economist London on Japan’s treatment of Chinese: Welcome tourist money, work “Trainees” to death
10) NYT has video and article on JITCO NJ “Trainee” Program, including sweatshop conditions and karoushi
11) Mainichi/Kyodo: J companies will boost hiring of NJ by 50%! Yeah, sure.
12) JIPI’s Sakanaka on Gaijin Tank detentions for visa overstays: Put a maximum time limit on them
13) Toyota QC and “culture” again, says it will increase safety by dealing with mechanical and cultural defects, with Japanese-only review panel
14) Asahi: South Korea, China overtaking Japan in ‘cool’ culture battle, whatever that means
15) AP and JT on “Soft Power” of JET Programme, projecting Japan’s influence abroad
16) IMADR Connect Mag: UN CERD concerns and recommendations 2010 for the GOJ; rinse and repeat

OTHER IMPORTANT INFORMATION

17) NJ population falls in 2009 for the first time since 1961
18) New separate blog with details about taking Japanese citizenship, in English, written by other fellow naturalized Japanese
19) Thoughts on GOJ Upper House Election July 11, 2010: A DPJ loss, but not a rout, regardless of what the media says.
20) Asahi editorial supports NJ PR Suffrage, published during election-period debates

INTERESTING TANGENTS

21) AP: A Milestone For Russia: African-born Town Councilor Is Country’s 1st Black Elected To Office
22) Japan Times columnist CW Nicol (a whaling supporter) on why “The Cove’s” Taiji dolphin culls bother him

… and finally…

23) My Schofill family roots include Cherokee and lots of American South skeletons

DEBITO.ORG NEWSLETTER JULY 11, 2010

Table of Contents:
CALLS FOR CHANGE, WELL MAYBE NOT:
1) JET Programme on GOJ chopping block: Appeal from JQ Magazine and JETAA in NYC (plus Debito.org Poll)
2) Powerpoint presentation: “Japan Past the Point of No Return”
3) Alarmist Nikkei Business cover re Chinese business practices: “Chapan: Your new boss is Chinese”
4) Japan Times: LDP & rightists still clinging to anti NJ PR Suffrage, even though not an issue in this election
5) Metropolis Mag has thoughtful article regarding the convoluted debate for NJ PR suffrage
6) Japan Times Zeit Gist on how NJ can participate in Japanese elections
7) Japan Times & Kyodo: Foreign “trainees” dying at rate of two to three a month, takes two years for one to be declared “from overwork” (karoushi), more than a quarter from “unknown causes”
8 ) IMADR Connect Magazine article on recent UN visit by High Commissioner of Human Rights to Japan May 2010

CRIME AND PUNISHMENT, WELL MAYBE NOT:
9) Japan Times’ Colin Jones on Japanese enforcement of vague laws: “No need to know the law, but you must obey it”
10) FCCJ No.1 Shimbun & Jiji on Japanese police’s extralegal powers, and how that power corrupts
11) Kyodo: Police raid car scrap yards run by NJ, suspecting them as “breeding grounds for crime”
12) NYT guest column on racial profiling of Japanese for “looking too tall and dark”. Just like arrest of “foreign-looking” Japanese back in 2006.
13) TBS: Daring heist of expensive watches in Sapporo. So daring it might have been foreigners!, says Hokkaido Police
14) J protesters of “The Cove” lose injunction in Yokohama District Court, cannot stop screenings, so they target people’s homes for intimidation
15) DEBITO.ORG PODCAST JULY 1, 2010

TANGENTS
16) Newsweek: Immigrants do not increase crime
17) How the US deals with Arizona racial profiling: Federal lawsuits and Jon Stewart humor
18) Activist Junichi Sato on International Whaling Commission corruption and GOJ/NPA collusion
19) Canada spending even more than Japan this time on G8/G20 summits. However, controversy ensues.
20) Yours is no disgrace, World Cup Japan Team. Otsukare. I hope the J media does not spin this as a loss.
21) Sunday Tangent: “A Growing Love for ‘Cool Japan'” by Akira Yamada (of MOFA)

… and finally …

22) JUST BE CAUSE column July 6, 2010: “Japan’s hostile hosteling industry”: how government agencies want NJ tourists yet are accessories to excluding them (full text)

Kyodo: 34 NJ “Trainees” died FY 2008, 16 from suspected overwork, up from 13 FY 2007

Kyodo: Thirty-four foreign trainees died in Japan in fiscal 2008 through March this year, up 13 from the previous year to hit a record high, a survey by a government-linked body promoting a training program showed Monday.

The leading causes of their deaths were brain and heart diseases, which claimed the lives of 16, while five were killed in accidents at work and four in traffic accidents. Supporters of foreign trainees said they suspect those who died from brain and heart disorders actually died from overwork. As of late 2007, about 177,000 foreigners have been staying in Japan under the government’s industrial training and technical internship program.

Shoichi Ibusuki, a lawyer supporting foreign trainees and interns, pointed out that many trainees have been forced to work long hours for lower wages and said he suspects they had died from overwork…

Ding Jianhui, 35, who came to Japan in September 2006 on the training program, said he had to work overtime for 100 to 130 hours a month at his job selling scrap metal and only received 110,000 yen per month after tax.