Statement on the Ideal Form of the Technical Intern Training Program and the Specified Skilled Worker System, and the Government’s Policy to Allow the Revocation of the Residence Status of Permanent Residents
On February 9, 2024, the Ministerial Council on Acceptance and Inclusion of Foreign Human Resources approved the "Government’s Policy based on the Final Report prepared by the Advisory Panel of Experts on the Ideal Form of the Technical Intern Training Program and the Specified Skilled Worker System" (the "Policy"). The Policy addresses matters regarding the ideal form of the Technical Intern Training Program and the Specified Skilled Worker System, as well as "ensuring the proper granting of a permanent residence status", based on the final report of the Advisory Panel submitted to the government on November 11, 2023. The government is currently considering new legislation and changes to laws based on this Policy.
1. Issues with the establishment of the training employment program
The Policy states that the Technical Intern Training Program must be "resolved in a progressive manner to reflect on the reality of the Program" and a new training employment program is to be established. Discontinuing the Program established for the purpose of international cooperation through the fostering of human resources, which was not reflecting the reality of the Program, and establishing a new system for the purpose of securing workforces within Japan, is in line with a call that the JFBA has been making for a long time.
However, the Policy is problematic on the following grounds.
First, there is an issue regarding allowing trainees changing employers at will under the training employment program.
The Policy allows trainees to change employers after a certain period of time working at a given workplace. However, the Policy also allows this period of time to be set anywhere between one year and two years, depending on the field in which the trainee works in, for the time being, while aiming for that period to eventually be fixed as one year. The JFBA opposes this measure on the ground that allowing it to be implemented "for the time being" without setting an expiration date might lead to the restriction on changing employers exceeding one year for a significant period of time, allowing such a measure to be recognized as simply a principle.
In addition, the Policy states that trainees participating in the training employment program should acquire a level of proficiency in Japanese equivalent to an A1 level of language proficiency (a level of proficiency required to pass the N5 Japanese Language Proficiency Test) before entering Japan or within a certain period of time after entering the country. However, the Policy permits requiring an A2 level of language proficiency (a level of proficiency required to pass the N4 Japanese Language Proficiency), which is a higher level of proficiency, as a condition for trainees to be allowed to change employers. There is no reason to require a level of proficiency in Japanese beyond the A1 level, which is a requirement for employment under a residence status to be given to those participating in the training employment program, as a condition for trainees to be allowed to change employers. Furthermore, the freedom to change workplaces is a constitutional right, not a benefit awarded to people with special skills. For these reasons, the JFBA opposes this measure on the ground that it will pose a condition on trainees that makes changing employers unnecessarily difficult.
Moreover, the Policy only allows the provision of support in changing employers to trainees primarily by supervising support organizations (which are referred to as supervising organizations under the Technical Intern Training Program), as well as Hello Work, while not allowing the involvement of private employment agencies in providing such support for the time being. However, many supervising organizations under the Technical Intern Training Program are business cooperatives whose partnership consists of receiving organizations for trainees. Business cooperatives are required to have a partner or an officer of a member juridical person that is a partner making up at least two-thirds of the directors of the cooperative. Based on the organizational structure of such cooperatives, it is hard to imagine that supervising support organizations will respond sincerely to a request to change employers from a trainee who seeks to leave a receiving organization that is a partner of such a cooperative and help the trainee find a new employer. Hello Work should have a sufficient system in place to provide adequate information in relation to finding a new employer and respond to consultation requests for employer changes in multiple languages; without such a system, it will be difficult in practice for trainees to change employers in practice.
Restricting employer changes for three years in principle under the Technical Intern Training Program has caused a structural problem of forcing trainees to have to endure a problematic workplace environment. Reflecting on this, a new system should not be designed in a way that makes employer changes difficult in practice by allowing trainees to change employers at will but allowing a period in which they are not allowed to do so to be set.
Second, there is an issue regarding securing the independence and neutrality of supervising support organizations to ensure effective supervision and administration by such organizations.
The Policy states that the independence and neutrality of supervising support organizations is to be secured through measures such as restricting the involvement of staff members and officers of such organizations who share a close relationship with a receiving organization in supervising receiving organizations as well as requiring external auditors to be appointed. Due to the structure of business operatives as explained above, drastic reforms, such as restricting such staff members and officers from not only getting involved in supervising receiving organizations which they have a close relationship with, but also supervising those that are partners of business operatives are needed; without such a reform, effective supervision and administration by supervising support organizations cannot be ensured.
2. Issues with introducing a new system to allow the revocation of the residence status of permanent residents
The Policy states that measures are to be implemented to ensure the proper granting of the permanent residence status based on an anticipation that a number of foreign nationals being accepted into Japan through the Specified Skilled Worker System, which has a system to allow such people to live permanently in the country, will increase following the introduction of the training employment program. According to news reports, the phase "ensuring the proper granting of the permanent residence status" refers to the government’s intention to introduce a provision allowing the revocation of the residence status of permanent residents in the event that such residents stop paying taxes or social insurance premiums, or are found to have committed a violation of criminal laws and regulations stipulating punishments such as imprisonment for up to one year (including custodial sentences once the Act Partially Amending the Penal Code and Other Related Acts comes into effect).
However, the procedures involved in granting the permanent residence status in Japan are strictly managed and include rigorous reviews to confirm that the applicant has stayed in Japan for longer than 10 years in principle, has a stable source of income, and is not delinquent in paying taxes or social insurance premiums, among other things. If permanent residents, who have been given a permanent residence status after going through such rigorous reviews, find themselves unable to pay taxes or such premiums due to losing their jobs or other reasons, or having committed a criminal violation that does not fall under grounds of deportation, there are already ways to subject them to a detriment, such as seizure and criminal sanctions. Furthermore, there should not be a provision that can take away the foundation to stay in Japan from such residents and their families. Introducing such a provision will make people question their intention to enter Japan and work in the country for a long time. It is also in contrary to the Policy’s basic direction to prevent and rectify human rights violations and other abuse so that Japan will become a country as the destination of choice with appealing workplaces. Moreover, "ensuring the proper granting of the permanent residence status", as well as related concerns including whether there are legislative facts or not, should be carefully considered as the decision will have a significant impact on not only workers who will become permanent residents under a residence status given to them through the Specified Skilled Worker System, but also foreign nationals who have made the decision to stay permanently in Japan or are interested in making such a decision. Despite the gravity of the matter, this measure was suddenly suggested in the Policy without deliberation by the Advisory Council. For these reasons, this measure should not be implemented quickly.
For the reasons above, the JFBA calls on the government to separate measures to "ensure the proper granting of the permanent residence status" from the Policy and withdraw them, while carrying out a reform on the training program involving foreign workers, based on opinions such as those expressed in Section 1 above, as well as those expressed by the JFBA in our previous statements such as allowing trainees to bring their families with them and putting the government or an official agency in charge of sending trainees to Japan to prevent trainees to be required to pay high fees before being sent to the country.
March 7, 2024
Motoji Kobayashi
President of the Japan Federation of Bar Associations