The Department of Overseas Labor Management (Ministry of Labor, Invalids and Social Affairs) recently sent an official dispatch to businesses regarding coordination of information related to interns of service enterprises sending workers to work in Japan.
According to the Department of Overseas Labor Management, recently the Organization for Technical Intern Training in Japan (OTIT) discovered that some interns were required by businesses to sign a commitment or consultation with the content "Interns will be sent back to their home country if they become pregnant or give birth during their internship in Japan".
"This is not in accordance with the legal regulations of the two countries on the skills internship program," the Department of Overseas Labor Management affirmed.
To avoid the above-mentioned incident, in the official dispatch sent to enterprises, the Department of Overseas Labor Management clearly stated: "Require enterprises to thoroughly educate their employees during the process of consulting, selecting, educating, and signing contracts.
Vietnamese trainees who are pregnant and give birth in Japan are protected by Japanese law (Photo: Hoang Phuc).
Absolutely do not require workers to sign a commitment or consultation stating that the trainee will be sent back to their home country if they become pregnant or give birth during their internship in Japan.
According to regulations on trainees getting pregnant, giving birth and measures to protect their rights when they get pregnant and give birth while working in Japan, workers can still continue their technical internship in Japan because Japanese law strictly prohibits firing workers on the grounds of pregnancy.
Therefore, the dispatching company and the managing union are not allowed to force the trainee to return home on the grounds of pregnancy.
When a trainee knows that she is pregnant, she can contact and notify the management union's consultation desk, the manager of the company where the trainee is doing her internship, or ask the foreign trainee management agency and the consultation desk in the area where the trainee is living for advice.
When realizing that she is pregnant, the intern tries to register early at the local administrative agency where she lives to receive a maternal and child health booklet along with a pregnancy check-up form.
If an intern feels that he or she may be fired or told to return home, he or she should contact the agency that manages foreign interns for advice.
After giving birth, workers are not allowed to work for the first 8 weeks. After that period, workers can return to continue their technical internship work.
In case a worker is suspended from technical internship work to return home to give birth, he/she can still apply to re-enter Japan to continue the internship work.
To continue the internship, the trainee needs to complete paperwork at the foreign trainee management agency. Regarding the issue of wanting to resume the technical internship and the time of resumption, the trainee should contact and inform the management union and the company where he/she is doing the internship of his/her wishes.
In addition to consulting in Vietnamese via phone and email, Vietnamese interns can contact the consulting support service via online calls (zoom application). Even if workers do not have a phone number, they can still receive advice on how to use the internet connection in a wifi environment.
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