Professional Documents
Culture Documents
Peter Lee
Foreword
The study of foreign labour in Japan is far from a new phenomenon. Numerous English and Japanese language
studies have examined the potential economic and sociological implications of both “open door” (liberalisation) and
“closed door”(isolation) policies for the nation. However, there has been very little English language research conducted
specifically concerning Japan’s technical internship system. This motivated me to conduct this study in order to clarify
the role of the internship program and the recent debate surrounding it. In doing so this study seeks to gain an
understanding of the intricacies of the Japanese government’s policies regarding the employment of non-Japanese
workers.
Introduction
The liberalisation of labour migration has transformed both domestic and international labour markets beyond
recognition. As the disparity in incomes between developed and developing nations widens and low-cost air travel
connects the world, there is an ever-increasing number of migrant labourers the world over. As such, international
migration to developed nations is at an all time high. Across both Western Europe and the United States immigration and
The experiences of most Western nations, however, differ greatly to immigration patterns found in Japan. The
Japanese government’s comparatively stringent approach to immigration has kept the number of foreign nationals low,
relative to other developed countries, and so the pressures associated with mass immigration have been largely avoided.
But with a shrinking population and a potential labour crisis looming it would seem that the acceptance of foreign labour
offers a viable short-term solution. That said, public opinion seems spilt regarding the acceptance of unskilled foreign
labour and although immigration has been on the rise in recent years there has been little in the way of a full scale
One international labour related initiative that the government has backed is the foreign technical internship
system (gaikokujin kensyú seido). Under this scheme foreign nationals are accepted to work in Japan for a period of one
to three years with the understanding that they are to be trained and taught new skills that will be of use to them upon
Recently, however, there have been a number of reports of interns, receiving little in terms of training, being
used as nothing more than cheap unskilled labour. Disputes regarding pay, working hours, insurance and employment
the mistreatment of interns and assesses current plans for reform. First, the development of the system is outlined.
Second, the relevant legislation and core structure of the scheme are critically assessed. Third, the abuse of interns is
discussed followed by an analysis regarding the existence of a link between these issues and the system’s structure. In the
Background
Before analysing the internship system itself the circumstances in which it came into being must first be
understood. The economic, social and legislative implications of Japan’s declining population have been well
documented by the likes of Coulmas (2007), with reference to the social impacts, and Hamada et al (2006), regarding the
inevitable economic difficulties that arise from a diminishing population. In this chapter the economic implications and
government reaction to the declining population are discussed, focusing upon the factors that have driven the rise in
The total population of Japan peaked at 127 million in 2006 and is projected to fall by around 30 million people
by 2050 (MIC (2007), 10). The rate at which the population is set to age is unprecedented and without the introduction of
counter-measures the process will lead to a dramatic rise in the proportion of the population aged 65 and above from
25.2% in 2000 to 50.0% in 2030 (Makoto (2005), 6). This poses huge difficulties for Small and Medium-sized
Enterprises (SMEs) in Japan who operate in so-called 3K (dirty (kitanai), dangerous (kiken) or physically demanding
(kitsui)) industries.
The falling birth-rate coupled with improvements in education standards has resulted in a mass exodus of
workers from the industrial and manufacturing sectors to white collar positions with better pay and working conditions.
This has hit the SMEs that supply Japan’s larger firms and retailers hardest. Multi-nationals can simply outsource
production abroad or mechanise the production process to reduce labour costs; however, the vast majority of businesses
in Japan are small, often family owned, firms with no means of importing labour from outside the local area. As these
enterprises comprise the base of Japan’s industrial “keiretsu” structures rising labour costs could have knock-on effects
further down the supply chain, potentially impacting on Japan’s multi-national heavyweights and its competitiveness as a
nation.
With this in mind the Japanese government has taken measures to promote the participation of women and the
retired in the casual labour market, implementing legislation to ease this transition. This has led to a dramatic rise in the
participation of people aged over 65 in the labour market. Participation rates for both men (34.1%) and women (14.4%)
are now the highest in the developed world (JIL (2002), 17).
Although some progress has been made in alleviating labour shortages in the service industry through these
initiatives, they were less effective in the manufacturing and agriculture sectors due to the physically taxing nature of
these jobs. During the bubble economy returning Japanese emigrants and their offspring (Nikkeijin) were used to fill
vacancies in these labour intensive sectors (see De Carvalho (2002)). However, the worsening in labour shortages has led
to calls for Japan to follow in the footsteps of other western nations by encouraging the employment of an immigration
The number of foreign nationals in Japan has historically been low in comparison with other developed nations:
foreign labour currently accounts for only a fraction of the work force. But as the population shrinks and demand for
In recent decades a dual tier system of immigration has emerged within which the inflow of skilled labour is
encouraged whilst the number of unskilled labourers entering Japan is strictly regulated. A recent OECD study of trends
“The general orientation of the Japanese government concerning work-related immigration consists in more
actively promoting the acceptance of foreign workers in professional and technical fields while moving
cautiously with respect to unskilled workers who would be expected to have a major impact on the Japanese
The government seldom explores the exact nature of the aforementioned major economic and sociological
impacts of immigration into Japan. However, fears over crime, social cohesion and ethnic homogeneity hold centre stage
in the intense debate surrounding the matter. Ono’s (2007) nationalistic account of why foreign nationals should not be
permitted to work in Japan showcases the concern that many hold relating to the societal impacts of immigration.
A purely immigration based approach to labour sourcing, as seen in the US and many European states, is
deemed unlikely to prove effective in the case of Japan. Critics assert that allowing the permanent migration of foreign
nationals and their families into the country would simply perpetuate the pension crisis further down the line when
In addition, the scale of immigration required to maintain the current workforce is seen by many as unattainable.
A 2001 study regarding the viability of population replacement through immigration conducted by the UN Population
Division concluded that immigrants would have to be accepted in their millions each year in order to stop the ageing of
Japan’s society. This would result in over half of the 2050 population being of non-Japanese origin (UN Population
Division (2001), 54). Thus, the unprecedented scale of immigration needed in order to counter-act the ageing process
renders it unpalatable in a nation with a long history of isolation from other nations.
As noted above Japan’s labour conditions are unique because of the rate at which the population is ageing. With
the viability of both current governmental measures and permanent immigration in doubt, firms are now looking to new
sources for labour. This not only perpetuated the rise in illegal workers seen in the 90s, but has also had implications for
System Overview
In this section a brief history of the initiative’s development is outlined followed by a detailed analysis of its
current structure. A number of JITCO (Japan International Training Co-operation Organisation) publications are referred
to below the most notable being the Industrial Training and Technical Internship Guidebook (JITCO, 2004) which gives
The Industrial Training Program, was introduced in 1981 in order to promote the “international transfer of skills,
technology and knowledge” and to contribute to “the development of human resources, playing a central role in the
economic development of developing countries” (Ohmi (2005)). The scheme aims to develop the skills of interns from a
number of East Asian LDCs through practical work experience in Japan. JITCO differentiates the system from other
international temporary worker schemes by stating that “trainees and technical interns are not to be accepted as basic
labor, and they should work on training for the purposes of developing international human resources”(JITCO (2004), 2).
Participants are permitted to stay in Japan for a period of up to 3 years during which they must actively attempt
to obtain skills and knowledge unavailable in their home nation. On the Job Training (OJT) makes up the majority of the
Prior to 1993 the Industrial Training Program was operated under the guidance of five separate governmental
bodies and as such the system was inherently over-complex. This complexity made regulation difficult and soon it
emerged that many interns were being used as cheap labour in direct violation of the initiative’s regulations. This led to
calls for reform and the Japan International Training Co-operation Organisation (JITCO) was subsequently established in
1991 to both improve the program and consolidate its day to day operation into one body.
In 1993 JITCO introduced a new system that consisted of two segments. In addition to the Industrial Training
Program (ITP) a new initiative was introduced called the Technical Internship Program (TIP). This dual system remains
to this day and the differences between the two parts are outlined below (See ITP/TIP Comparison). To simplify matters
persons partaking in the ITP and TIP will be referred to as trainees and interns respectively.
At this point it should be noted that trainees and interns can be accepted into the internship program through
either public or private channels. In addition to private JITCO supported trainees, a significant number are supported by
the Japanese state in the form of governmental bodies such as the Japan International Cooperation Agency (JICA) and
the Association for Overseas Technical Scholarship (AOTS). 13,817 (18.3% of total) trainees were permitted into the
program through such organisations in 2004 (Kawakami (2006), 71). Publicly supported interns receive governmental
subsidies to partly fund their training. A Korea Labour Institute report on trends in international labour migration states
that:
“Half the costs of air tickets, initial medical examination fees after arrival in Japan, training preparation fees,
and training allowances are all subsidized from the government coffers.”
Employers also receive subsidies to ensure that training is implemented to a sufficient standard. These funds alleviate the
costs incurred by businesses when taking on trainees and are integral to the success of the schemes supported by the
aforementioned organisations.
Having summarised the public transfer of trainees and interns the private form of transfer is explained below.
There are currently two methods by which trainees and interns are privately accepted. They may be transferred directly,
usually by a Japanese company with offices in developing nations that wishes to transfer skills to staff that can only be
taught domestically, or indirectly, by officially sanctioned organisations that represent SMEs. Both systems are regulated
by JITCO. Companies enacting a direct internship scheme tend to be larger than those going through indirect channels
The number of cases in which companies directly employ ITP and TIP participants is decreasing, falling from
around 10,000 in 2001 to just under 7,000 in 2007. In stark contrast the number of trainees brought into Japan by the
indirect method rose by over 37,000 in the same period (JITCO figures (2007)). These figures show that SMEs are
becoming increasingly reliant on the labour provided through the internship system.
I have focused my research on the indirect, organisation backed method of internship for two reasons. Firstly,
the majority of trainees and interns now go through this channel. Secondly, prior research suggests that private interns
are at less risk of abuse. Of the 688 cases of illegal activity identified by the Ministry of Justice Immigration Bureau's
recent study, 97% related to indirect organisation supported internships (Fujieda (2007), 89).
Roles of Stakeholders
Figure 1 shows just how complicated the current system has become. Broadly speaking there are five key
component parts to the system: the individual trainee or intern, the employer, the sending organisation, the receiving (or
accepting) organisation and JITCO. Below both the individual roles of the five stakeholders and the way in which they
interact with one another are analysed. Although not integral to the internship process itself the role of trade unions is
1) Trainees/Interns
Figure 2 shows the number of ITP and TIP participants from 2001 to 2007. 71,819 individuals were admitted
into the ITP program in 2007. This marks a rise of 52% from the 2001 total. The majority come from developing nations
in East Asia with Chinese nationals making up 85% of the total as of 2006. The number of Vietnamese (5.4%),
Indonesian (4.7%) and Filipino (3.6%) trainees are less significant but show the geographical range of the catchment area
In 2006 41,000 trainees changed their visa status and were inducted into the Technical Internship Programme.
This number too has been rising along with the growth in total ITP participants. In 2007 64.2% of trainees continued on
In recent years the number of female trainees and interns has risen noticeably and in some industries female
participants now outnumber males. The vast majority of female ITP and TIP participants work in the textiles industry.
According to JITCO (2005, 11) records, 65% of all female interns were engaged in internships in this sector in 2003. In
comparison, this sector made up only 5% of the total number of male interns. It would seem that the rise in the number of
female workers is directly linked to the sharp increase in the number of trainees and interns active in the textiles industry.
2) Employers
In 2006 the number of companies employing ITP and TIP participants totalled 21,665 and 17,218 respectively.
This marks a 76% rise in the number of employers accepting trainees and an increase of 89% in the number of companies
extending traineeships into internships from 1996 levels (Nakazawa (2007), p 58).
As mentioned above the number of cases in which intermediary organisations are used by businesses to provide
access to the two programs is increasing year after year. The majority of firms that utilise this method are SMEs that lack
the international networks of larger firms. Over half (56.5%) of enterprises accepting interns employ less than 20 people
(Fujieda (2007), p 89). When accepting interns indirectly employers pay a fee for the services provided by the receiving
organisation.
The textiles industry is the largest employer of trainees and interns, the number of ITP and TIP participants in
this sector exceeded 15,000 in 2006 and comprised 29.5% of the total number of interns admitted into the system
(Nakazawa (2007), 58). Machine work is the second largest employer of interns (12,557 placements) followed by food
production and packaging (6,117), agriculture (3,341) and construction (3,930). In should be noted that there are
limitations on the industries in which trainees and interns can participate. These are studied further below (see ITP/TIP
comparison).
Sending organisations handle the application process, administration of paperwork and pre-departure training of
interns in their respective home nations. Both private and governmental organisations facilitate this process. According to
JITCO statistics there are a total of 489 sending organisations currently operating across Asia (JITCO (2008a)). These
organisations are regulated by the governments of sender nations and receive a monthly payment of around ¥33,000 per
trainee which is split between receiving organisations and employers (MHLW (2007), 23).
Receiving organisations take over once the trainee arrives in Japan, allocating a workplace and inducting them
into the ITP. In many cases the receiving organisation is responsible for the provision of training. This is due to the fact
that the small firms that are represented by these bodies are not in a position to provide training of a sufficient standard.
Receiving organisations pay JITCO a license fee to partake in the initiative. As of 2005 there were 1,116 receiving
According to its official website JITCO is a “charitable organization with a shared jurisdiction among five
Ministries: the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Health, Labor, and Welfare, the
Ministry of Economy, Trade and Industry, and the Ministry of Land, Infrastructure and Transportation.”(JITCO
(2008b)).
Since its establishment in 1991 the focus of JITCO’s activities has been the regulation and day to day running of
the TIP and ITP. A number of publications are printed and distributed by the organisation including Japanese textbooks,
newsletters and handbooks regarding life in Japan. As many ITP and TIP participants have only a basic understanding of
Japanese these publications are also made available in their native languages.
JITCO is partly funded by the government but also receives revenue in the form of registration fees paid by
dispatching organisations. Revenues for 2006 totalled over ¥1.2 billion (Braser (2007)). Dependence on state investment
is falling as the number of dispatching organisations rises in line with the system's expansion.
Both firms who accept interns directly and intermediary bodies must adhere to the regulations set out
by JITCO. Changes in regulations are communicated to firms though the organisation and failure to comply with
5) Unions
Japan’s influential organisation of labour unions Rengo (Japanese Trade Union Confederation) has, in the past,
been opposed to the acceptance of foreign labour. However, recent reports indicate that this stance is gradually changing
from one of opposition to grudging acceptance. Ohmi’s account of the 14th Central Executive Committee Rengo’s
“The acceptance of foreign workers should be confined to occupations requiring specialized knowledge, skills
and technologies, and carried out, in principle, in the ways maintaining a balance with the employment of
Similarities with the government’s stance are evident and it is clear that there is concern that an influx of unskilled
migrant workers could have negative implications for the pay and working conditions of unskilled Japanese workers.
Rengo supports the idea of equal rights for non-Japanese workers although their policy on the ITP and TIP systems is
unclear.
One organisation that has a very clear stance on the foreign internship system is the Zentôitsu (All United)
Workers Union (ZWU). This union differs from many others as it works across a range of industries representing both
Japanese and foreign temporary (haken) workers, mostly employed in SMEs. As such Zentôitsu has been active in
campaigning for improvements in human rights for interns and trainees. They have organised protests and established the
Advocacy Network for Foreign Trainees in order to inform and educate both the public and the trainees themselves, who
often lack sufficient information regarding the system in which they are participating.
ITP/TIP Comparison
Having set out the roles played by the various stakeholder groups, the following section explains the numerous
differences between the Industrial Training Program and the Technical Internship Program. Figure 3 shows the defining
The Industrial Training Programme facilitates the acceptance of foreign nationals into Japan for the purpose of
obtaining basic technical skills. The maximum length of stay is limited to one year and trainees must return home or
continue on to the Technical Internship Programme upon completion of their stay. The ratio of trainees to regular staff is,
in principle, limited to one in twenty. However, this does not apply to all employers: “the “limit” on acceptable numbers
Trainees hold a similar visa status to exchange students (defined as a “training” visa) during their stay and as
such they are not permitted to receive payment for their activities whilst in Japan. However, trainees must be provided
with an “allowance” by employers for every day expenses such as food and clothing. According to JITCO figures the
majority of trainees (58.7%) received between ¥60,000 and ¥80,000 per month in 2002 (JITCO, 2004, 43).
The average allowance received by both directly and indirectly employed trainees has been steadily declining
over the past decade. This is particularly evident in relation to indirect trainees whose average monthly remuneration fell
from ¥86,000 in 1997 to ¥66,000 in 2002 (Kawakami (2006), 77). There is also a discrepancy between the wages
received by direct and indirect trainees with company sponsored trainees receiving around ¥22,000 a month more than
To ensure that the educational aims of the initiative are met trainees are not permitted to engage in overtime
work and one third of their time must be spent in lectures. The contents of these classes vary from Japanese language to
skills related to their work placement. In the case of organisation backed employers, who often lack the funds to back
Upon competition of the traineeship interns have two options. They can return to their home country or continue
on to the Technical Internship Program. In order to advance onto the TIP trainees must first pass grade 2 of The National
Skills Test. Passing this test is thought to signify that the participant has endeavoured to learn new skills during their first
year and can be expected to actively develop these skills further during the TIP.
Trainees who successfully pass the skills test are admitted into the Technical Internship Program. As an intern
participants are expected to develop the basic skills that they learnt as a trainee to an advanced level during a period of up
to two years. Interns must remain at the workplace where they undertook their traineeship but they are subject to different
employment standards.
Firstly their visa status changes from “training” to “designated activities”. This visa permits the holder to
receive wages for their activities. Also, unlike trainees, interns are protected by the same provisions as Japanese workers
such as the Labour Standards Act, Industrial Health and Safety Law, Workmen’s Accident Compensation Insurance Law
JITCO figures for 2002 show that the average monthly wage of an intern was ¥120,000, with 76.2% receiving
between ¥110,000 and ¥140,000. However, it seems that interns’ wages too have been in decline in recent years.
Whereas in 1997 the percentage of interns receiving less than ¥120,000 was 23% by 2004 it had risen to 58% (Kawakami
(2006), 81).
Once the duration of the TIP is over an intern must return to their home country immediately. Return airfares are
provided by the accepting organisation for both trainees and interns upon competition of their respective programs.
As outlined above the present incarnation of the internship system is incredibly complex and bureaucratic. The
dual ITP/TIP system’s combination with a complicated international labour souring process presents many challenges for
The smooth running of both programs relies heavily on the conviction of all concerned stakeholders. First,
participants must actively engage with employers to obtain new skills and knowledge. Second, employers must be fully
aware of their responsibilities to train and educate trainees and interns. Third, sending and receiving organisations must
work in partnership to allow for a transparent flow of information. Finally JITCO must fulfil its role by providing
In such a complicated system it is unsurprising that problems occur. In the next section these problems are
Both the Industrial Training Program and the Technical Internship Program have suffered widespread criticism
in recent years. With cases of abusive treatment making headlines some argue that the government is disguising what is
essentially a guest worker program as a foreign aid scheme. In his summary of trends in post-war labour migration
“The internship program is…a device to maintain the official policy of not accepting unskilled labor from
This disparity between the government’s stance on immigration and the labour needs of SMEs lies at the heart of the
current debate on the acceptance of foreign workers and has had profound implications for the current system. In this
chapter the issues surrounding the treatment of trainees and interns are critically assessed.
Firstly, it should be noted that many of the firms who employ trainees and interns, either directly or indirectly,
do so in line with current legislation. In these companies the invaluable contribution of trainees and interns is fully
appreciated and as such they are treated with the same respect as Japanese workers. One account of best practice at a
Hiroshima shipbuilding yard portrays veteran employees working alongside trainees and interns facilitating an effective
transition of skills and knowledge (Keizai shinbun (2007a)). Unfortunately, this can not be said to be the case across the
board and the illegal treatment of interns has continued despite efforts to reform the two programs.
The exact number of cases in which trainees and interns are subject to abuse is difficult to calculate for several
reasons. A lack of Japanese language proficiency combined with fears of deportation lead to a situation in which trainees
and interns are often unwilling to come forward to report employers who are acting illegally. Figures compiled by the
Ministry of Justice state that the number of cases of illegal activity totalled 229 in 2006, up from 92 when records began
in 2003 (METI (2007a), p 5). However, for the reasons outlined above these statistics are unlikely to show the true extent
of abuse within the system. Also these numbers only account for the most serious disputes that develop into court cases.
The number of less serious offences is harder to ascertain however reports indicate that the majority of
employers are not acting in line with current regulations. A recent survey carried out by the Saitama Labour Bureau
found that as many as 88% of employers were acting in violation of current regulations. A breakdown of the
infringements states that in 63.3% of the firms consulted trainees were working on holidays and outside their regular
hours and 34.4% were not adhering to alterations in legislation (Keizai Shinbun (2007)). Such widespread ignorance of
the system's regulations is one factor that perpetuates abuse within the system.
Key to the debate as to whether the TIP and ITP are disguised migrant labour schemes or bona fide contributors
to international co-operation and skill transition is the standard of training received by trainees and interns. Despite
numerous studies the true level of training within the system remains unclear. A survey of 63 returnees conducted by
JITCO (2005, pp. 31) states that over 80% answered that they thought that their training had either been “conducted as
planned” or “more or less conducted as planned”. However this report conflicts with independent surveys. One such
study states that as many as 70% felt that they had not received sufficient training during their time in Japan (Fujimoto
(2002), 15). Both of these surveys suffer from small sample sizes and can not be considered representative of the entire
system. However the disparity in their results shows that training standards can vary from industry to industry or even
from workplace to workplace. A widespread, inter-industry census of ITP and TIP participants is needed in order to
establish whether or not trainees and interns are receiving sufficient training.
A collection of accounts from trainees and interns who suffered abuse at the hands of Japanese employers
published by the Advocacy Network for Foreign Trainees in 2006 showcases a number of flaws in the current system.
These cases along with a number of newspaper articles are used below in an attempt to establish the realities of abuse
The internship system has been at the heart of numerous legal disputes over the past decade. The failings in the
system were first brought to the attention of the public by the Chiba Case in which fifteen Chinese interns took their
receiving organisation to court. Since then a number of trainees and interns have taken legal action against employers,
dispatch organisations and JITCO. A closer analysis of these cases highlights numerous flaws in the current system.
In December 1998 fifteen Chinese trainees who were employed in Choshi City, Chiba prefecture, took their
receiving company (The All-Japan Fresh Food Logistics Co-operative, hereafter referred to as the Co-operative) to court
The Co-operative’s main role was the dispatching of trainees and interns to seafood processing companies.
Under the agreement between employers and the Co-operative trainees wages were paid indirectly through the receiving
organisation.
Claims brought against the Co-operative in the Chiba case accused the organisation of deducting excessive
“management charges” from the pay of trainees who were also thought to have been forced to partake in so-called
“savings” schemes. These “savings” schemes amounted to the Co-operative deducted ¥24,000 a month from trainees’
salaries (Zha (2002), 146) after promising to return the money once the trainees had completed their stay in Japan and
returned home. This was thought to deter trainees from staying illegally in Japan once their visa expired. In numerous
When all of these factors are taken into account the actual salary received by the trainees differed dramatically
to that set out in their contracts. Zha’s account of the case states that they received only ¥37,000 of their ¥96,000
contracted monthly salary which amounts to less than a third of Chiba’s minimum wage of ¥124,600(Zha (2002), 146).
The Co-operative attempted to defend its actions by contending the application of Japanese law to a case of
“The employment contract offered to the trainees was part of an international business exchange program
between Japan and China, and should not be regarded in the same way as contracts between employers and
violation of Japan’s Labour Standards Law. The two defendants were issued jail sentences and the Co-operative was
The Chiba Case highlighted the detrimental impact of illicit brokers acting within the system. Disguising
kickbacks from trainees’ wages as management charges and retaining money obtained through forced savings schemes
are two methods used by brokers to extort the very individuals that their organisation is supposed to be supporting.
This case is thought to be significant in that it was the first instance in which interns succeeded in claiming
unpaid wages. It was also the first time that individual members of an organisation were held directly responsible for the
Although the Chiba Case brought the treatment of trainees to the attention of the public little progress was made
with regards to the reformation of the system. As a result trainees and interns have continued to suffer harsh working
conditions to this day. In December 2007 four Chinese interns dispatched to Kumamoto Prefecture took JITCO to court
over allegations of withheld pay, passport confiscation and extortionate overtime in a case echoing that of 1998 (Asahi
Shinbun (2007)). One account of the interns' working conditions states that they received just ¥300 an hour, less than half
The two cases differ in that the Kumamoto case focuses on JITCO's role and not that of an individual employer
or dispatch organisation. A number of legal actions are currently in process alleging that the organisation often acts in
negligence of the abuses suffered by trainees and interns. In one recent case of sexual harassment JITCO stands accused
of ignoring its supervisorial duties (Hongo (2007)). The onus seems to have shifted from blaming rights abuses on
individuals to putting responsibility firmly in the hands of the regulators. The findings of these cases will say much about
In September 2004 two Mongolian trainees disappeared from their workplace in Nagano prefecture. There was
no sign of abuse by the employer and the reason for their disappearance only became clear when one of the interns tuned
(Takahashi (2006), 48). With much of her monthly salary of ¥60,000 being spent on food and other necessities it soon
became clear that even if she saved enough to pay back her debt there would be little left over once she returned home.
Many potential trainees pay sending organisations in their home nation to participate in the ITP. This fee is said
to be used to cover pre-departure training and travel costs: however, these are, in principle, paid by employers to
receiving organisations and so should not be imposed upon individual trainees. Despite this many pay the fees with the
hope of profiting from their increased earning potential in Japan, often taking out large loans in the process. The low pay
received by trainees means that once in Japan they find it difficult to recoup their initial investment during the program.
In such cases the individual has no choice but to work overtime for low pay in an effort to repay their debt. Efforts to
crack down on this practice have had little impact as many brokers have established makeshift organisations to give
The increase in the number of brokers abusing the system and the low rate of pay received by trainees has
pushed up the number of trainees disappearing from their workplaces. In 1999 the number of cases of interns and trainees
disappearing from their workplace stood at 513. This number exceeded 2000 for the first time in 2003 and totalled 2201
as of 2006. At the start of 2007 there were an estimated 3,333 trainees and interns illegally staying in Japan (MOJ (2007),
2) and this number has remained fairly constant over recent years in a period in which the government cracked down on
visa over-stayers.
A number of methods are used to deter trainees and interns from running away. The most direct approach is the
confiscation of passports. Under Japanese law any non-native who does not hold an Alien Registration Card has to carry
their passport with them at all times and failure to do so can incur fines of up to ¥100,000 (Fujimoto (2002), 19). Despite
this trainees are often forced to sign over their passports to receiving organisations. In one form designed to facilitate this
process, written in Japanese and Indonesian, a phrase stating that “whenever necessary your passport will be returned to
you” (author's translation) is omitted from the Indonesian text (Pramudiono (2006), 39). This practice amounts to theft
and suggestions that organisations hold onto the passports for “safekeeping” are laughable. Although on occasions such
as the transition into the TIP system receiving organisations need access to a participant's passport these are exceptional
The aforementioned cases epitomise the faults within the system but each focuses on a small group of trainees
or interns. The Toyota case differs from these in the sheer scale of mistreatment.
In May 2006 the Toyota Technology Exchange Cooperative, a receiving organisation that provided trainees for
twenty three of Toyota’s suppliers, was ordered to cease all activities by the Ministry of Justice Immigration Bureau
(Sawata (2008), 84). Reports of low pay, unpaid overtime, forced saving schemes and sexual harassment show the
variety of abuses suffered by the trainees and interns dispatched by the organisation.
One chairman has been quoted as saying that “working conditions were set by the co-operative” (Sakamaki
(2007)). Firms who lack knowledge regarding the correct treatment of trainees and interns often turn to receiving
organisations for advice. Nishioka ((2004), 29) notes that 74.1% of firms decide interns’ salaries after consulting their
receiving organisation. Such reliance on these organisations can become problematic if the advice that they provide is not
accurate. In the Toyota Case the guidelines provided by the receiving organisation seem to be at least partly responsible
In total two hundred trainees and interns were affected by the court’s injunction. They were told that they would
be deported if another supporting organisation could not be found within four months. Temporary visas were issued but
these did not permit the holder to engage in any form of paid activity (Sawata (2008), 85). Essentially the trainees and
interns were forced into unemployment with no means of earning a living until another supporting organisation was
found. In September all two hundred trainees and interns were transferred to a new organisation and so were able to stay
in Japan. An undisclosed sum was subsequently paid out to those involved in compensation for unpaid earnings but no
remuneration was provided for the three months spent with no source of income.
In a statement made to the BBC a JITCO official asserted that “individual cases should not be used to generalise
about the whole scheme” (Hogg (2007)). This case shows that abuse within the system amounts to more than a few
isolated cases and the institutional abuse of interns as labourers seems to be far more widespread than JITCO is willing to
admit. When one organisation is at fault this can have repercussions for dozens of firms and in turn hundreds of
individuals.
The disregard shown to the two hundred trainees and interns affected is also concerning. They were left without
an income for months and without union intervention may have been forced to return home. It was the receiving
organisation and the firms that it supplied that are at fault in this case and yet it is the very people who suffered abuse at
As the cases above have shown there is widespread malpractice across several areas of the system. The Chiba
and Kumamoto cases highlight the employment conditions endured by some migrants. In the Nagano case the existence
of illegal brokers was brought to light in addition to the factors that provoke trainees and interns to run away from their
placements. Finally the Toyota case proves that abuses occur not only as isolated incidents but can be instigated on a
The cases highlighted above give an insight into the abuses prevalent in the current system. Employers, sending
organisations and receiving organisations have all found ways to bypass regulations resulting in the use of trainees and
interns as labourers. But where do the flaws in the current system lie and can the system itself be considered partly
responsible for the offences that occur? In this chapter the extent to which the structure of the system contributes to the
A 2007 report by the Ministry of Health Labour and Welfare regarding the problem areas of the TIP and ITP
identified three possible types of internship, each varying in the extent to which the aims of the schemes are met. Fig 4 is
based upon this model. “Type A” corresponds to interns who receive training in line with JITCO regulations, returning
home with greater employment prospects. “Type B” refers to interns who although, at first, are accepted in order to
counter-act labour shortfalls, manage to procure skills through on-the-job training. In this way the aims of skill transition
are met albeit not to the same standard as in the “Type A” case. “Type C” refers to interns who receive little or no
training who are used as unskilled labour resulting in violations of their rights and a total failure to meet the goals of the
system. These three categories are used below to clarify the scope of the problems within the system.
I have identified four aspects of the ITP and TIP system that contribute to the use of interns as labourers. They
are the legal status of trainees, the existence of brokers in sender nations, the limitations imposed on the activities of
As noted previously a lack of clarity regarding the legal status of trainees has allowed them to be exploited as
unskilled labourers. The disparity between the rights of trainees and interns is hard to justify as they are essentially
performing the same day to day tasks but for different amounts of pay and with differing labour standards.
This difference in standards has pushed up the number of “Type B” trainees as although they often perform
activities banned by JITCO regulations, such as overtime, there is still potential for training to occur through class based
“Type A” cases can also be perpetuated by the lack of legal protection offered to trainees. Preventing the illicit
practices of low pay and harsh working conditions outlined above is made difficult by the lack of applicable legislation.
2) Broker System
The existence of brokers in sender nations is a particularly worrying phenomenon as sending organisations are
inherently harder to regulate than domestically based companies. Public channels alone can not cope with the increasing
demand for trainees and so private organisations have filled this void to great effect. However firms that illegally profit
from individuals by charging false fees must be more actively sought out and punished.
Brokers exploit two aspects of the current system. First, they profit from the lack of information available
regarding the system. Although JITCO has made efforts to translate documents into other languages and makes them
available online more needs to be done so that applicants can easily distinguish genuine sending organisations from
brokers. Second, insufficient international regulation of sending organisations creates an environment in which once a
license is awarded very little is done to ensure that standards are being maintained.
The practice of international labour contracting via a broker is normally associated with illegal people
trafficking but it has been unwillingly legitimised by the current internship system. As seen in the Nagano case these
organisations increase the likelihood of a trainee becoming a “Type C” case. It is the sending country’s government that
licenses and regulates sending organisations (MHLW (2007), 8), as such international communication between the
effectiveness of the system. It seems highly unlikely that an intern will continue to develop new skills over the three-year
period in such positions. This fact is compounded by the immobility of trainees and interns. If training is truly the
primary aim of the system then surely gaining experience at more than one employer during their stay would allow
JITCO guidelines also state that in the case of association managed training applicants should “have had
experience working on the same types of duties that they will experience in training in Japan” (JITCO (2004), 5).
Participants are required to have several years experience in the industry in which they wish to work and this too seems
to contradict the aim of skills transition as trainees and interns often find themselves employed in positions similar to that
which they held in their home nation. Surely training an unemployed worker from a developing nation would better fit
These limitations on an individual’s economic activity do not necessarily impact on the transition of skills to
participants but the inability to change workplace raises the risk of an intern falling into the “Type B” or “Type C”
categories. Enabling individuals to transfer from one firm to another within the same industry would allow for the
improvement of labour standards as firms would no longer be able to abuse trainees and interns as they could simply
report the employer and move to a new location. Many participants, especially those with only a basic knowledge of
4) Weakness of JITCO
The lack of intervention by JITCO prior to the Chiba Case shows its weakness as a regulatory body. To deflect
responsibility for the incident JITCO claimed that the resources at its disposal were limited and so effective monitoring
of all its member groups was inherently difficult (Zha (2002), 147). However JITCO has a well-established network of
regional offices throughout Japan and so this defence seems to put in question their role. If the regional office in Chiba
did not have sufficient power to deal with the dispute when and where it occurred then this could be seen as one
contributing factor that led to the escalation of the Chiba Case to its eventual conclusion in the courts.
There is a mounting body of evidence that suggests that trainees and interns are not receiving the support they
need from JITCO. In addition to the cases outlined above Sawata discusses one case in which calls for help were ignored
by JITCO officials who stated that they were “too busy to help”(Sawata (2007), 83). Such ignorance of offences
undoubtedly allows “Type C” cases to continue unchecked. JITCO’s role within the system needs to be reassessed, as it
It is clear that employers who wish to use trainees and interns as unskilled labourers can easily exploit certain
aspects of the current system. The international nature and complexity of the initiative makes regulation difficult but that
does not justify the lack of action taken by JITCO to protect trainees and interns. The government has come to realise
As discussed above many of the issues faced by trainees and interns are deeply rooted in the shortcomings of the
current system and calls for reformation have put pressure on the government to take action. Domestically the work of
the Japanese media and unions such as Zentôitsu has raised the public profile of the system and its abuse. International
concerns have also been raised regarding the use of interns as labourers. The US State Department’s 2007 report on
human trafficking suggested that “the government should make greater efforts to investigate the possible forced labor
conditions of workers in the "foreign trainee" program”(US State Dept. (2007), 125).
The government has reacted to calls for reform by promising to improve the system to better meet the needs of
its stakeholders. The plans currently being considered are discussed below with reference to their potential as remedies
for the flaws in the system. In March of 2006 representatives from several government ministries formed the “Foreign
Labour Project Team” (FLPT) to look into the various issues posed by the inflow of immigrant workers (MoJ (2007), p
3). In their first report the group recognised that within the TIP and ITP the use of trainees and interns as unskilled
labourers for low pay was common. It was also noted that the number of cases of illegal practice was particularly high
amongst indirectly transferred trainees and suggested measures such as the stricter regulation of dispatching
The cabinet approved the “3 year reform plan” in June 2007. It builds upon the suggestions made by the FLPT
and focuses on three key areas of the system: the legal protection of trainees, the regulation of an intern's visa status and
the reformation of the systems regulations. The government hopes to use the findings of this study to develop new
Three plans for the systematic reform have been put forward by Justice Minister Jinen Nagase the Ministry of
Economy, Trade and Industry and the Ministry of Health Labour and Welfare. The former has latter has proposed that
the system be replaced by a guest worker scheme and the latter two have suggested similar schemes in which the current
internship program is amended to better protect the rights of trainees and interns (Kiguchi (2007), 100). The applicability
The Justice Minister’s proposal to introduce a 3-year guest worker scheme in the place of the current system has
received a mixed response. Although this tactic would better meet the needs of SMEs suffering from labour shortages
there is widespread concern regarding the implications for Japanese society as a whole. A report by the Japan Council of
Metalworkers’ Unions states that the introduction of a guest worker program would make conditions worse for migrants
and points to the issues now posed by immigration in several European countries (HIC-JC (2007), 2).
The Korean government has recently enacted a guest worker scheme to replace the carbon copy of the ITP
introduced in 1993. The Industrial Technical Training Program (ITTP) was introduced in an attempt to stem the flow of
illegal workers into the country. However Korea’s trainee system suffered from the same issues as the original scheme.
Dong-Hoon ((2005), 100) notes that trainees were “put to work despite not being recognised as workers under existing
labour laws”. This led to the introduction of the Employment Permit Program (EPP) in 2003. This initiative does away
with the focus on training of the previous program. Korea now operates a dual system with the aim of gradually phasing
out the trainee program. Although the success of the EPP in stamping out abuse it is as yet unclear, migrant labour
schemes have been used to great effect elsewhere to the mutual benefit of both labourers and employers.
When planned properly guest worker schemes can benefit both employers and migrants in equal measure. One
case of best practice in Canada, where Mexican agricultural workers are employed on a seasonal basis, proves that a well
thought out, strictly regulated system can pay dividends for all involved (Martin (2006), 18).
In theory the introduction of a guest worker program would rectify many of the issues that are faced by migrants
in the internship and trainee programs. The application of labour laws to participants would prevent the abuses caused by
the lack of clarity regarding the legal position of trainees. Also, JITCO’s role as middleman would also be cut out
However in order to successfully introduce such a scheme in Japan several hurdles would have to be overcome.
Opposition from unions, who fear that an influx of foreign labour may lead to lower employment standards for Japanese
workers, is just one of my challenges faced by this course of action. Drastic changes in both public opinion and
governmental policy are required before this course of action can be considered applicable in Japan’s case.
Alteration of the Current System
The planned reforms for the internship system put forward by the Ministry of Economy, Trade and Industry
(METI) and the Ministry of Health, Labour and Welfare (MHLW) aim to combat both the use of trainees and interns as
MHLW Plan
The MHLW plan to improve the current system is based on the findings of the ITP/TIP research group (a think
tank established in October 2006 made up of academics and MHLW officials (Kiguchi (2007), 100)). A report published
by the group in 2007 suggests several recommendations such as replacing the trainee program with a third year as an
intern, cracking down on brokers in sender nations and the introducing an option to return for a further two years to
By replacing the first year of ITP with a third year as an intern it is hoped that the application of labour
legislation will eliminate the legal grey area in which trainees now find themselves. Thus this measure should bring about
a rise in both pay levels and general working conditions in the first year.
The MHLW report warns against extending the internship period as preventing interns to bring their families to
Japan over a longer timeframe may be seen as an infringement of human rights (MHLW (2007), 20). In light of this the
introduction of an “Advanced Internship System” has been suggested. This would allow former interns who showed
exceptional ability during the program to return to Japan through private channels for a further two years in order to
Plans to crack down on the illegal actions of sending organisations and brokers are also an integral part of the
proposed reforms. It is suggested that international co-operation is needed to crack down on brokers as the regulation of
sending organisation falls under the jurisdiction of the sender nation’s government (MHLW (2007), 23).
METI Plan
The METI plan is similar to that of the MHLW in that it favours the alteration of the current internship program
as to the radical restructuring of the Justice Minister’s proposal. METI too supports the introduction of an “Advanced
Internship System” (although extends this program to public as well as private methods of dispatch) and wants to see
Their 2007 report (METI(2007))does differ to the MHLW’s plans, however, in numerous ways. Firstly, the first
year as a trainee remains essentially the same. However it is proposed that trainees should partake in an induction course
in which they are taught about their rights and what to do if problems occur. The allocation of “trainee cards”, that
would include information such as JITCO helpline number, to trainees is also stipulated as a means of empowering
individuals to act against abuses should they encounter any (METI (2007), 10).
METI’s proposal varies to that of MHLW in that the onus is on education and greater transparency throughout
the system. The MHLW plan seems to be more applicable to the current faults in the system as attempting to reduce the
number of cases of abuse through education whilst maintaining the trainee program is unlikely to see substantial results.
What is to stop employers or dispatch organisation from confiscating trainee cards along with passports upon their
arrival?
Moving Forward
The three proposals for reform outlined above all have potential to improve the system. Scrapping the current
system in favour of a guest worker program would better meet the needs of SMEs but with immigration policies
becoming harsher such a scheme is unlikely to be implemented in the near future. METI’s plan to educate trainees offers
some interesting proposals but lacks the strong reforms needed to tackle the large scale abuses occurring within the
trainee program.
The MHLW’s proposed reforms seem to be the most applicable of the three in the current climate. The
proposals put forward look to have the potential to greatly benefit trainees and interns by tackling the root causes of
abuse. However the realisation of this potential relies heavily on the enforcement of stricter penalties for illegal activities
and a higher standard of regulation. Both JITCO and the governmental bodies associated with the program will need to
reconsider their roles if this new system is to succeed in preventing the use of interns as unskilled labourers.
Conclusion
Japan’s SMEs are becoming increasingly dependent on labour supplied through the Industrial Training and
Technical Internship Programs. The labour shortages caused by the ageing population have led to year on year growth in
ITP and TIP participation and this trend is set to continue in coming years. But as the two programs have expanded the
use of trainees and interns as unskilled labour has become more widespread.
When the needs of participants and employers clash it is the trainees or interns who often find themselves
disadvantaged. As seen in the cases outlined above many employers are ignoring their responsibility to provide training
to trainees and interns, instead foreign nationals are used as unskilled labour to reduce labour costs. The Toyota case
study shows that abuses can no longer be considered isolated incidents as institutional abuses have now come to light.
Since the Chiba Case trainees and interns have been able to stand up to employers and dispatching
organisations. It is concerning, however, that the issues faced ten years ago are essentially the same as those faced today.
Low pay, forced savings, passport confiscation and excessive overtime are, for many, the realities of life as a trainee. The
protection offered to interns by Japanese labour law puts them in a better position to take legal action but problems
remain and neither trainees nor interns now hold the same rights as Japanese workers.
Numerous aspects of the system’s current structure contribute to the abuse of trainees and interns. Insufficient
regulation has caused many employers and dispatching organisations to become apathetic towards regulations. More
must be done to ensure that JITCO has sufficient powers to settle disputes when and where they occur in a timely
manner. Although interns are supposedly on an equal footing to native workers limitations on which industries they are
permitted to work in and their economic immobility are the two biggest remaining barriers to true equality. Greater
transparency between all those involved in the migration and employment of foreign nationals is needed so that the
Plans to reform the current initiative look set to curb several of the issues outlined in this paper. The MHLW
plan to end the Industrial Trainee Program in favour of a third year of the Technical Internship Program is a step in the
right direction. However this move would detract from the governments continued assertions that the current initiative is
not a guest worker program as the reformed system would more closely resemble schemes such as Korea’s EPP.
Continuing the pretence of training in such a system will prove difficult and as such it can be expected that Japan’s
worsening labour crisis will force the government to expand the boundaries of the system in coming decades.
The introduction of reformed legislation in 2009 will hopefully lead to better working conditions for migrant
workers wishing to learn new skills in Japan. However the impact of these reforms will depend heavily on effective
regulation. Without improved communication and co-operation between employers, JITCO and the government abuses
This study has focused upon the way in which the workings of the current internship system have perpetuated
the abuse of trainees and interns. However, my research has been predominantly limited to secondary sources and a more
exhaustive survey based upon primary data from the participants themselves would undoubtedly prove valuable as the
Glossary
Appendix
Sending JITCO
Organisation
Fee Consultation
Contract Regulation
Contract
Receiving
1 Industrial Trainee Organisation
Year Trainee
Allowance
Technical Intern
Pre-departure Selection of
training interns
“Employment”
2 Employer
Years Wages
Employment
70000
60000
No of trainees/interns
50000
Industrial Trainee
40000 Program
Technical Internship
Program
30000
20000
10000
0
2001 2002 2003 2004 2005 2006 2007
Year
Source: JITCO (2007)
Fig 3: Comparison between Industrial Trainee Program and Technical Internship Program
Worker Status Trainees have no worker status; Interns are treated as workers.
not permitted to work.
Overtime or holiday duty Not allowed. Allowed.
Protective measures for foreigners Protection is offered under Protection is offered under laws and
immigration control laws and regulations.
regulations.
Transparency of terms and Trainees are sent notification Interns are provided contracts or
conditions stipulating training hours, notification stipulating working
allowances and other terms and terms and conditions.
conditions.
Welfare guarantees provided by Trainees are paid a training Interns are rewarded with wages for
accepting organizations allowance to cover their living their labor performance as an intern.
expenses.
Insurance against accidents and Private insurance coverage is National social and worker
illness obligatory; arranged by accepting insurance programs are obligatory.
organizations as per the
immigration control laws.
Adapted from JITCO (2004), p. 12
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