The Immigration Bureau of Japanese Ministry of Justice reported the statistics of illegal practices by foreign-workers-training agencies (recipient organizations and firms) in 2010. The statistics shows the following information:
1) In 2011, a total of 184 foreign-workers-training agencies were ruled that they had committed illegal practices, up from 21 or by 12.9 percent from the previous year. But compared with the figures in 2009 and 2008, the number decreased by 48.9 percent and 59.3 percent respectively. However, it was assessed that the number of foreign-workers-training agencies that commits illegal practices should have decreased because the number of foreign trainers accepted by agencies continued to plunge after peaking in 2003.
2) Since July 2011, new regulations on accepting foreign trainees and technicians had been enforced, resulting in better protection for them. Under the new regulations, foreign trainees and technicians would be protected by labour and social security laws once they enter Japan. Training agencies were required to lecture new trainees in Japan once they arrive in the country. Also, they had to visit trainees at their recipient firms once a month to check training conditions, and compliance to the training plans, and to give them advice. The new regulations also increased punishment against training agencies that commit illegal practices; they would be suspended from operation for five years, instead of three years. The change is expected to reduce illegal practices committed by agencies operating in this field in the future.
3) Classified by method of accepting foreign trainees in 2011, investigations found that 1.1 percent of illegal practices were committed by 2 Japanese parent companies that accepted trainees from its subsidiaries and 98.9 percent were committed by 182 recipient agencies that accepted trainees from its members.
4) For the illegal practices committed by recipient agencies, 92.3 percent were committed by 164 recipient firms, up by 25 firms or 18.2 percent, while 7.7 percent were committed by 14 recipient organizations, down by 3 firms or 17.6 percent.
5) Classified by types of training, most illegal practices or 73.2 percent were committed in textile/clothes manufacturing sectors, followed by food production with 7.1 percent, machinery/metal production with 6.5 percent, building with 5.4 percent, and agricultural/ fishery with 4.2 percent.
6) A total of 248 illegal practices were committed in 2011, up from 29 or 13.2 percent in previous year. 93 cases or 37.5 percent were related to human rights violations (Failure to pay wages, withholding trainees’ passports/travel documents, confining, and detaining), followed by labour laws violation with 82 cases or 23.6 percent, failing to comply with notified training plan with 24 cases or 9.7 percent, illegal overtime work (Allowing first-year trainee to work overtime or trainers of foreign technician to work for more hours than the laws specify) with 48 cases or 6.07 percent, and using fake documents in applications for trainee request with 13 cases or 4.2 percent respectively.
7) Most illegal practices found in recipient organizations included using fake documents in applications for trainee request, followed by failure to comply with notified training. For illegal practices found in recipient firms, human rights violations (Failure to pay wages, withholding trainees’ passports/travel documents, confining, and detaining) came top, followed by labour laws violation, failure to comply with notified training, and illegal overtime work.
Up to five year suspension order will be issued to a foreign-workers-training agency that has been ruled that they have committed illegal practices. After serving the suspension, the agency will have to submit an improved training plan to the Immigration Bureau for approval before it can resume operation.
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