### 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.

## Section 2 ☐ Responses to Cases of Inappropriate Acceptance

Under the provisions including the Ordinance of the Ministry of Justice, the Immigration Bureau may render a finding of “misconduct” with regard to organizations that have acted inappropriately in implementing their training and technical intern training programs. The Immigration Bureau suspends such organizations from accepting trainees and technical interns for one, three or five years depending on the type of misconduct as stipulated in the ministerial ordinance. The number of organizations to which the Ministry of Justice sent notifications that they were found to have engaged in “misconduct” during the year 2012 was 197.

According to the type of receiving arrangement, there were 197 organizations (100.0%) accepting trainees under the association-supervised scheme (no organizations accepted trainees under the company-arranged scheme). Taking a look by type of receiving organization, there were nine supervising organizations (4.6%) and 188 program conducting organizations (95.4%). (Table 19)