Opinion Paper on Reporting System of Employment of Foreign Nationals aiming to Reinforce Immigration and Residence Control of Them

• Japanese

 

The Japanese government submitted a bill to the Diet during its 166th session to amend the Employment Measures Law, which includes the creation of a new system which would obliges employers to report employment of foreign nationals.

 

This system requires all employers to report personal information of new foreign employees such as name, status of residence, term of residence, and nationality to the Minister of Health, Labour and Welfare. Employers will be fined if they fail to report or fabricate reports.

 

In addition, the obtained information will be provided to the Minister of Justice by the Minister of Health, Labour and Welfare, if so requested, in order to verify matters necessary for immigration and residence control.

 

The government explains that purposes of this system are to encourage appropriate employment control of foreign nationals, promote their re-employment, and maintain a sound labor market by preventing illegal employment. However, this system will be applied to all foreign nationals, including permanent residents who have no restriction on working in Japan, except for special permanent residents, and as such it obviously has another purpose of comprehensively controlling and monitoring the residence of foreign nationals.

 

The Japan Federation of Bar Associations (JFBA) has repeatedly voiced its opposition to the reinforcement of immigration and residence control of foreign nationals. This system contains the following problems:

 

1. It is beyond the purpose of the Employment Measures Law and could obstruct sound relationships between employers and employees.
2. It violates the right to privacy of and the right to control personal information of foreign nationals.
3. It conflicts with the International Convention on the Elimination of All Forms of Racial Discrimination.

 

The JFBA adopted this opinion paper on February 15, 2007 and submitted it to the Minister of Health, Labour and Welfare, committees on health, labour and welfare of both Lower and Upper Houses, etc. on February 21.

 

[Past JFBA Opinions]

• Opinion Statement on the System to Provide Information on the Website of the Immigration Bureau under the Ministry of Justice (March 17, 2005)
• Opinion Paper on the Creation of a New System to Reinforce Immigration and Residence Control of Foreigners (December 15, 2005)
• Opinion Paper on Project concerning Future Acceptance of Foreign Nationals and Interim Report on Future Acceptance of Foreign Nationals by Senior Vice-Minister of Justice (July 20, 2006)

 

Japan Federation of Bar Associations
February 15, 2007