List of Issues:

1. Wages
   
   

   The wages of undocumented workers in Japan are quite low compared to those of average Japanese workers. Does the Minimum Wage Law and Social Insurance apply to illegal workers?
   
   

2. Workers Accident Compensation Insurance
   
   

   Is Workers Accident Compensation Insurance applicable to undocumented workers in Japan? How does the Japanese government keep track of the number of applications by illegal foreign workers for labor accident insurance along with the number of actual accidents involving such workers? What kind of measures has the Japanese government taken to improve the situation?
   
   

3. Trainees
   
   

   Reportedly, "trainees" from abroad are often employed as cheap labor. Please elaborate on the actual circumstances of foreign trainees in Japan. Also, what measures are being taken to make sure that the trainee system is used for its original objectives of international cooperation and the transfer of technical expertise?
   
   

4. Unpaid Wages
   
   

   There are cases in which foreigners who have overstayed their visas or undocumented workers are owed unpaid wages at the time that they are detained by the immigration authorities. Please elaborate on measures taken by the Japanese government to help them exercise their right to receive payment for the work they have done.

Background:

1. There is an increasing number of foreigners living in Japan and the foreign population stands at more than 1.4 million as of 1996. Among them, Korean and Taiwanese long-term residents account for 550,000. There are about 600,000 "new-comer laborers" working in Japan, and as of January 1, 1998, slightly over 280,000 of them have overstayed their visas.
   
   While there is not sufficient data available regarding the wages of foreign workers, the Immigration Bureau of the Justice Ministry issues relatively comprehensive annual statistics entitled "Regarding Cases of the Violation of the Immigration Control Act." This report shows that 80% of undocumented workers receive less than 10,000 yen a day. As for Japanese workers, "The Monthly Work Survey and Statistics" of the Labor Ministry show that on average they receive 360,000 yen per month, or 16,000 yen a day. There is a clear differential between the amount earned by foreign laborers and the amount earned by Japanese.
   
   Furthermore, companies often neglect to pay for what is supposed to be mandatory social insurance for their foreign workers, and this aggravates the degree of discrimination against them.
   
   
2. It is indisputable that the Labor Standard Law and the Workers Accident Compensation Insurance Law are applicable to foreign workers whether they are qualified workers/residents or not. However, according to the publication entitled "The Practice of Compensation for Labor Accidents for 'Illegal' Foreign Workers" of the Labor Ministry, there are only around 300 cases of payment of compensation each year. Since labor accidents occur, statistically, among 1.5% - 2% of all workers, it is presumable that about 5,000 out of 280,000 undocumented workers have work-related accidents. Therefore, less than 10% of undocumented workers who experienced a work related injury have received compensation. It is clear that illegal foreign workers are placed under adverse conditions in terms of labor accident insurance as well as wages.
   
   
3. The original objective of the trainee system is international contribution through cooperation with developing countries on human resource development by transference of techniques, skills, and knowledge. However, in practice, companies which receive trainees simply expect them to be an extremely cheap source of labor. Thus trainees are distressed by the enormous contradiction between principle and practice.
   
   A certain period of classroom lectures is required for trainees, and overtime work is prohibited for trainees. However, in some cases classroom lectures are not given at all, and trainees quite frequently are given overtime work.
   
   The biggest problem is that the Justice Ministry, which is in charge of issuing visas for trainees, has directed that the allowance for trainees should not be considered to be payment for actual labor; the result is that the allowance that is paid to foreign trainees is so low that, were it considered to be wages, it would violate the Minimum Wage Law.
   
   Moreover, if a trainee program is judged to be substantially "labor" the Immigration Bureau of the Justice Ministry settles the problem by deporting the trainees. In most cases the companies concerned are not penalized. If there are problems in the running of trainee programs, the authorities should instruct the companies concerned to correct the problems. Should the companies neglect to do so, the authorities should then assist trainees in finding other appropriate companies so that they can achieve their original objectives.
   
   
4. The practice of defaulting on the payment of wages to foreign workers is rampant. In particular, those who have overstayed their visas are taken advantage of by their employers as they are hesitant to lay claim to their rights due to their adverse circumstances. In many cases, upon detaining or arresting undocumented or overstay foreign laborers, immigration officers or the police simply disregard the problem of unpaid wages. While support by the Immigration Bureau, the police, the Labor Standards Bureau and other public organs are indispensable to detained foreign workers who wish to exercise their right to receive unpaid wages, a sufficient system to protect their rights has yet to be provided.