Labor law and policy issues relating to foreign workers in Japan

This article analyzes law and policy relating to foreign workers in Japan. Immigration has been widely debated in Japan against a background of falling birthrates and an aging society, as well as globalization, while the issue of unemployment—including the unemployment of foreign workers—has become more pressing. This article attempts to interpret these policy issues, initially outlining the perspectives from which labor law and policy issues relating to foreign workers are examined (the two principles of selection and integration), and then considers legal issues relating to immigration law and labor and employment law, in the light of pointers provided by U.S. law. In regard to immigration law, which is the means of implementing the principle of selection, the article proposes that a Japanese version of the labor certification program, with full consideration given to the labor market, should be introduced. Furthermore, in regard to labor and employment law, which is the means of implementing the principle of integration, the article proposes clarification of the analysis framework of regulations prohibiting discrimination on grounds of nationality contained in Article 3 of the Labor Standards Act, and their application to employment discrimination, and the specific coordination of both principles in regard to the legal treatment of undocumented workers.