Japan – Migrant workers

By Daniel Morris | 4. June 2021

Chapter 1. Towards the Formulation of the National Action Plan (NAP)

2. Positioning of the NAP: Links with International Documents, including the UNGPs and the Sustainable Development Goals (SDGs)

(3) The Cabinet-approved Growth Strategy 2018 in June 2018 also refers to encouraging progressive undertakings by companies in Japan through the NAP formulation process. The Growth Strategy further refers to protecting human rights through the development of an environment for accepting foreign nationals, including the improvement of their working environments.

 

Chapter 2. Action Plan

2. Areas of the NAP

(1) Cross-cutting areas

C. Labour (Promotion of Decent Work)

(Existing framework/Measures taken）

Along with globalization, increasing attention has been brought to the treatment of foreign workers. Appropriate implementation of the Technical Intern Training Program and protection of technical intern trainees are being promoted based on the Act on Proper Technical Intern Training and Protection of Technical Intern Trainees (Technical Intern Training Act) (Act No. 89 of 2016) enacted in November 2017 as well as on bilateral agreements with sending countries.

 

(Future measures planned)

(…)

(c) Protect and respect the rights of workers, including foreign workers and technical intern trainees

  • To employers of foreign workers, disseminate and raise awareness on compliance with labour laws and the Guidelines for Employers to Improve the Management of Employment of Foreign Workers (Public Notice of the Ministry of Health, Labour and Welfare No. 276 of 2007) through seminars and other measures. [Ministry of Health, Labour and Welfare]
  • Continue to implement multi-lingual services for foreign workers at Prefectural Labour Bureaus, Public Employment Security Offices, and Labour Standards Inspection Offices. [Ministry of Health, Labour and Welfare]

 

F. Acceptance of and Coexistence with Foreign Nationals

(Existing framework/Measures taken）

In recent years, the number of foreign nationals residing and working in Japan has been increasing, and there is a greater need for realizing a society where Japanese and foreign nationals can live safely and comfortably together through properly accepting foreign nationals and realizing a society of coexistence. Under these circumstances, the Government has taken the position of accepting foreign nationals who have status of residence, including Convention refugees and third-country resettled refugees as members of society without isolating them. To fully develop an environment where foreign nationals can enjoy the same public services and live without undue anxiety just as Japanese nationals do, the Ministerial Conference adopted the “Comprehensive Measures for Acceptance and Coexistence of Foreign nationals” (hereinafter referred to as “Comprehensive Measures”) in December 2018, and compiled a further document titled “Enhancement of “Comprehensive Measures” (hereinafter referred to as “Enhancement Measures”) in June 2019. The Comprehensive Measures were revised in line with the direction of the Enhancement Measures in December 2019, under which the Government has worked together to steadily promote the relevant measures.

Moreover, in July 2020, in consideration of the situation of implementation of related measures, the Comprehensive Measures were revised from the perspective of further enhancing and encouraging the environment for acceptance of foreign nationals.

 

（Future measures planned）

Improve and promote the development of an environment for acceptance of foreign nationals leading to realize a society of harmonious coexistence

  • To realize a society of harmonious coexistence, the Government continues to steadily implement, promote and disseminate the measures related to various situations in life incorporated in the Comprehensive Measures (revised in 2020), including measures that contribute to business and human rights, while listening to the opinions of relevant parties. [Cabinet Secretariat, Cabinet Office, National Police Agency, Financial Services Agency, Consumer Affairs Agency, Fair Trade Commission, Ministry of Internal Affairs and Communications, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Education, Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry, Ministry of Land, Infrastructure, Transport and Tourism]

 

(4) Measures regarding Access to Remedy

Judicial and Non-Judicial Remedy

(…)

(Future measures planned)

(…)

(f) Continue and reinforce measures, including those based on specific legislation ( for workers, persons with disabilities, and foreign workers, including technical intern trainees, and for whistleblower protection)

  • In accordance with the Technical Intern Training Act, continue to report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare. Provide counseling by the Organization for Technical Intern Training to technical intern trainees in their native languages, and support transfer of workplace when human rights violations occur and technical intern trainees find it difficult to undertake training. [Ministry of Justice, Ministry of Health, Labour and Welfare]