### Chapter 3. Implementation of the Technical Intern Training Programs

## Section 1 ☐ Outline of the System

The aim of the technical intern and training programs is to transfer technology, skills and knowledge generated in Japan to developing countries and other countries, and to contribute to the “development of human resources” who will take the lead in those countries. However, recently, an increasing number of organizations accepting trainees and interns have misunderstood the objective of the programs, treating the trainees and interns improperly and paying them unfairly low wages. In addition, there has been criticism that some accepting organizations do not provide adequate guidance and supervision to their affiliate organizations, and that there are brokers who obtain unfair profits from performing intermediary services for trainees.

In order to deal with the current situation, a new system of technical intern training programs was launched in July 2010. As a result, in principle, it is mandatory for the intern training activities for the acquisition of skills to be performed based on an employment contract, and therefore these interns are protected in accordance with the relevant Labor Standards Act and other labor-related laws and regulations, including the Minimum Wage Act. In cases of acceptance under the supervision of an organization, the accepting organizations previously supervised technical internships only in the first year. Following the revision, organizations organizing technical intern training for a second year or longer are required to continue conducting the training on their own responsibility and supervision.

The new programs require accepting organizations to attend lectures on information necessary for legal protection of the technical interns, given by an expert. In order to reinforce the instruction, supervision and support system of the supervising organizations, the requirements of the supervising organizations are also stipulated as follows: (i) staff of the supervising organizations shall visit the facility where the programs are being conducted at least once a month to check on the state of the technical intern training programs and to give directions; (ii) board members of the supervising organizations shall conduct an audit at least once every three months, and shall report the results of the audit to the competent regional immigration bureau; (iii) supervising organizations shall appoint counseling staff who will give advice to the technical interns.

In addition, the Ministerial Ordinance on Criteria was amended on November 1, 2012 in order to reinforce protection for the technical intern trainees and to ensure proper operation of the system of technical intern training. Specifically, the amendment involved: (1) clarification of the start of the period during which new acceptance of technical intern trainees is banned as a measure against those implementing organizations, which have committed misconduct obstructing the appropriate implementation of technical intern training, (2) prohibition of acceptance in cases where the supervising organization, etc. has been involved in a false application in the past five years, and (3) the requirement that if an organization implementing training or a supervising organization has committed misconduct, it shall immediately report the fact of the misconduct to the regional immigration bureau.

Furthermore, based on the comments made in the Report on the Administrative Evaluation and Monitoring Results in April 2013, in order to optimize the audits by the supervising organizations, the “Guidelines for Management of the Entry and Residence of Technical Intern Trainees” were revised in December 2013 so as to give a clearer indication of the perspectives, procedures and methods to be used in the audits, and to clarify the misconduct applicable in cases of audits not being properly implemented.