| 2 Rights of workers | |||
2-1 Realizing full application of the labor laws and equal treatment Generally 2-1-1 The application of the Labor Standards Law shall be basic in the labor administration and the law shall take priority over such internal laws as the Immigration Control Law. 2-1-2 Treat the migrant worker equally as the domestic employee in terms of employment contract and working conditions as a whole. 2-1-3 Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and complete the related internal laws accordingly. Particularly 2-1-4 The Ministry of Health, Labor and Welfare shall state that it gives priority to official confidentiality and notify the related agencies and organizations that they shall not provide the Immigration Control Bureau with such information as obtained in the course of their duties. 2-1-5 Treat migrant workers equally as domestic employees in terms of compensation for damage caused in a labor accident. 2-1-6 Take measures necessary for rendering multi-lingual services at the information desk of any labor administration mechanism. 2-1-7 The employer shall be obliged to prepare such multi-lingual documents as rules of employment and notification of employment and enable the worker to have access to them in accordance with Article 106, Labor Standards Inspection Law. 2-1-8 Take the following measures so that the migrant worker shall be covered fully by labor insurance as well as social insurance: a- Extend the period of claiming from two years to ten years for lump sum withdrawal payment of pension after the migrant worker returns home. b- Notify the employer thoroughly that he is obliged to take labor insurance as well as social insurance and give instructions to any employer who has not taken such insurance. c- Prepare multi-lingual introductory brochures for social insurance and labor insurance and oblige the employer to distribute such brochures to his employees. 2-1-9 Inform the employer clearly that his infringement upon the rights of a female worker by harassing her sexually is punished by law. 2-1-10 Apply the labor laws fully to those female workers in the sex industry and assure them the rights proper to the worker. (See 3-9.) 2-1-11 Remove the wording conditional to Article 8, Labor Standards Inspection Law (provided, however, that it (Law) does not apply to domestic employees), and provide the Law with necessary amendment to enable it to apply to domestic workers as well.(See 3-3-9.) 2-1-12 Consult with trade unions and NGOs which have been supporting migrant workers and produce such policies and dispositions in compliance with the actual conditions of these workers. 2-2 Safety and health 2-2-13 Provide the labor standards administration with a safety and hygiene training system, looking ahead into multi-lingual and multi-cultural society. 2-2-14 Educate trainers to provide multi-lingual safety training for labor safety and health, and provide data and teaching materials for training. 2-2-15 Oblige the employer who employs migrant workers to give them multi-lingual training for safety and health and provide the migrant worker with necessary manpower and technical support. 2-2-16 Instruct the employer who employs migrant workers to fully guarantee such working conditions as stipulated in the Industrial Safety and Health Law, including medical check. 2-2-17 Secure multi-lingual health and medical services in accordance with the Law. 2-2-18 When there is a safety and health committee established at a workplace (Article 19) where migrant workers are employed, encourage them to participate in the committee. 2-3 Thorough reviewing of the technical trainee and intern system 2-3-19 Review the system thoroughly, and complete the following before putting the system into operation again: a- Technical training shall aim at providing the trainee with techniques and skill in a field that would be beneficial to them and their sending country, and when it might be necessary for them to be transferred. b- The technical trainee shall be guaranteed sufficient financial remuneration to cover expenses required for taking technical training, lodgings, and medical care while he shall be furnished with enough living expenses. c- The technical trainee shall be provided with off-the-job training accounting for one-third or more of the whole training hours. d- No restrictions shall be imposed on the trainee in his private life other than the training time. e- In the event that the receiving employer violates any of the human rights of the trainee, including confiscating of passport, violence(mental, physical) and sexual harassment), he shall be suspended from receiving technical trainees. f- It shall be prohibited to force the trainee to save money and impose any indemnity on him without obtaining consent from the competent agency (see 2-3-19). This also goes for the sending agency in the sending country. g- The trainee shall be assured another receiving employer in the event that technical training is suspended for any reason unattributable to him. h- The receiving employer shall be equipped with such techniques and skill as required by the trainee, regardless of his scope of business. No receiving of trainees by way of a receiving mechanism shall be allowed. 2-3-20 Set up a governmental mechanism to supervise the trainee system to handle the following items: a- Determine in consultation with the government of a sending country the technical field of training required by the sending country, and choose a suitable receiving employer. b- Always monitor technical training to see that it is carried out as specified, and redress violations if any. c- Take care of the trainee so that he receives training without any trouble. d- Provide a consultation service for the trainees for the solving of trouble arising from or in connection with technical training. e- Regulate the trainee system by legislation, and take measures to enable the system to be operative in a proper manner. 2-3-21 Provide the Immigration Control Law with a new status of residence "work" (see below) and abolish the technical internship system. 2-4 Establishing a new status of residence "work" 2-4-22 Set up a status of residence "work". See below for details. (See 1-2-2-1 2). a- Issue a work visa to a migrant worker who has entered into a contract with a domestic employer. b- The visa is valid for a specified period and renewable. c- Provide a work visa to a migrant worker who is currently employed by a domestic employer. d- The migrant worker with a work visa shall be assured freedom of changing jobs and movement. 2-4-23 Integrate into "work" the statuses of residence, instructor, engineer, specialist in humanities/international services, intra-company transferee, and skilled labor. 2-4-24 Also provide the domestic worker with a work visa. (See 3-2-11, -12). 2-4-25 In accordance with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Japanese government shall establish a mechanism responsible for the introduction of job-seeking migrant workers and prospective employers, preparatory training, follow-up guidance to migrant workers after entry into Japan, and full application of the Labor Standards Inspection Law. 2-5 Guaranteeing the migrant worker's rights to join a trade union 2-5-26 Enlighten the migrant worker in multi languages about the rights assured and proper to them. 2-5-27 Establish a consultation service where any language understandable to the migrant worker is used. 2-5-28 The labor administration shall be responsible for rendering language services to any migrant worker who wants to bring his complaint to the labor committee or court. 2-5-29 Enlarge the scope of legal aid so that any migrant worker may be financially supported when he brings his complaint of violation of any of his rights to court. |
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