Vol.32-No.04 April 1,1993
In recent years there has been a growing need to hire foreign workers in the porfessional and the technological field, as well as Japanese students abroad. Also gowing is domestic employment of foreigners with Japanese ancestry and overseas employment of Japanese. Despite this, however, the adequate application of legal mechanisms to adjust labor supply and demand which goes beyond national boundaries has yet to be clarified. This produces huge number of inappropriate cases of labor supply and demand adjustment, including those involving illegal underground brokers. THe current Employment Security Law (ESL) alows private job placement agencies to offer services with charges to those engaged in such professional jobs as art and music. It does not allow for job placement overseas, however.
In view of this, the Reserch and Study Group Regarding Overseas Labor Supply and Demand, which is under the Ministry of Labour, in February compiled a report calling for a job placement system by overseas public organs and private agencies. In the report, the Study Group pointed out "the need for more effective management of an overseas labor supply and demand system as it greatly affects the domestic job market and requires protection of workers." Toward this end, the Study Group noted," the goverment needs to consolidate a system which can adequately funcion in an overall manner, while making efficient use of labor supply and demand adjustment funcions of the private sector." Specifically, the Study Group made the following recommendations. First, the government or the quasi government organ will sponsor overseas job placemnt projects as occasion demands policywise. Second, the goverment will consolidate a system of granting permission to privately-run job placement projects to conduct overseas job placement activities in line with the ILO Treaty. Third, the government will consolidate a system for reporting to the government on overseas recruitment of workers.
Based upon the report, the Ministry of Labour decided upon plans for consolidating overseas job placement projects and creating a system of reporting to the government on foreign employment. The Ministry asked the Central Council on Employment Security to draft an outline of a ministerial ordinance revising part of the enforcement regulations of ESL for an appropriate recommendation. The gist of the draft outline incorporates the following. First, paid and non-paid job placement business overseas can be conducted upon permission. Second, business management, science and engineering and interpreting are designated as those jobs which come under the paid overseas job placement category. Third, the Minister of Labour will endeavor to gain deeper insights into employment trends of foreign workers by asking employers to provide him with materials involving employment of foreign laborers. THe new ministerial ordinance will come into effect on April 1, 1993.
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