What the International Convention says
Temporary expatriate workers have, in principle, the same rights and protections as other workers. According to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, one of the purposes of the International Labor Organization is the protection of the interests of workers when they are employed in another country. This Convention is based on fundamental principles already endorsed: human rights, promotion of equal opportunities, etc.
"Migrants" are referred to in the Convention as "persons who are going to exercise, exercise or have exercised a remunerated activity in a country which is not their own". Although the definition looks similar to that of expatriates, the reality is different. In practice, temporary expatriate workers are rarely equated with white-collar expats. Besides, the Convention itself does not use the term "expatriate", although it also refers to the situation of these foreign workers.
Overall, the Convention recalls that these expatriate workers have the same rights as the nationals of the country in which they work: employment contract, paid leave, right to syndicate, social security, freedom of expression, right to protection, to circulate on the territory, to return to their home country, etc. Any form of discrimination, slavery, or forced labor is firmly condemned. In case of violation of their rights, expat workers and their families "can still benefit from the protection and assistance of the consular or diplomatic authorities of their country of origin or the country representing their interests". Before justice, they have the same rights as nationals.
To date, some twenty countries have ratified the provisions of the Convention. However, more of them have only signed these measures (Japan, Australia, South Africa, Russia, etc.), while others, including China or the United States, have not yet taken any action (neither signature nor ratification).
Is there any protection system for temporary expat workers?
Prince Edward Island, in Canada, is currently faced with a significant labor shortage and opened its doors to expatriates. Tourism, one of the most affected sectors during the Covid pandemic, is taking on new colors. But even in Canada, all is not perfect. According to the Cooper Institute, the state does not provide enough protection for these temporary workers, especially in terms of residency. In fact, temporary workers do not enjoy the same residency conditions as other workers, and it's not a new problem. Cooper Institute blames the Canadian authorities for prioritizing their labor needs rather than the security of expat workers.
In theory, Canada's Immigration and Temporary Foreign Worker Protection Regulations state that "temporary foreign workers enjoy the same workplace protections and rights as Canadians and permanent residents under federal, provincial and territorial jurisdictions". However, the government recognizes shortcomings despite the efforts to ensure better protection for temporary expatriates. The Regulations acknowledge that “many factors, such as their temporary status and limited access to information about their rights, can make temporary foreign workers more vulnerable to abuse or violence". Hence, it is believed that the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (PMI), designed to make employers compliant and guarantee the protection of expat workers, do not fulfill their roles as expected.
But Canada is not the only country where temporary expat workers face such difficulties. Could it be the result of a lack of will from governments? It looks like economic emergencies are being prioritized over discrimination. Unlike other expatriates who are eligible for permanent residence, temporary workers are often perceived as a disposable labor force, depending on countries' needs.
The fate of temporary expat workers in Japan
Temporary expat workers are supposed to have the same rights as everyone else, but in Japan, that's only in theory. Last January, Fukuyama Union Tampopo, a workers' defense union, released videos from September 2020 to the media showing a Vietnamese "trainee" being beaten by his colleagues. The intern joined the company in 2019, and the violence reportedly started during the same period. Although these acts were reported in June 2021, they continued. Thereafter, at the request of the Japanese Ministry of Justice, the immigration started an inquiry aiming to put an end to the “violation of human rights against foreign technical trainees".
Internships (officially, Technical Internship Training Program) have existed since the 1990s and allow the intern to stay in Japan for 3 years. It only became popular around 2012, but with a series of failures. The lack of protection for temporary expat workers is often pointed out. Many companies take advantage of the internship system's lack of transparency and weak controls to overexploit expat workers. In 2016, the government introduced a law to punish abuse, such as the confiscation of the expat worker's passport by the employer, the obligation to remain in the workplace, etc. But the Fukuyama Union Tampopo points out that cases of abuse are still common. At the end of 2021, Japan was home to 1.73 million foreign workers, most of them having short-term visas (60%). Moreover, some 350,000 of them were interns, mostly from Asia. These workers perform tasks that the Japanese no longer want to do, such as physically straining, dangerous, and poorly paid jobs. They are considered "second-class" labor compared to white-collar workers.
What are the risks associated with temporary contracts abroad?
The main risk for temporary expatriate workers is being denied their status and their rights. Unfortunately, they are usually considered a "sub-labor force" that can be used and discarded according to the country's economic fluctuations. However, they are pretty vulnerable to verbal, physical and/or psychological violence from their employers, who often take advantage of their lack of knowledge about the country. Temporary expat workers are not always very familiar with the language spoken in their host country, and even less of their rights and solutions to their problems. Confiscating the passport, forcing workers to live in the workplace, prohibiting them from seeing a doctor, denying them social security, paying below the minimum wage, and constraints for abortion are prohibited and reprehensible practices. Yet, they still exist, and governments do not seem to pay close attention to such issues.
Responding to its labor shortage, especially in construction and agriculture, Japan introduced a new temporary visa in 2019 that is valid for 5 years maximum. This visa is more flexible than traditional work visas, and it does not require any level of Japanese. However, it neither grants a resident status nor allows family reunification. Workers' associations voiced out against this unfair treatment of temporary workers since many of them moved to Japan to provide a better life for themselves and their families.
It's obviously difficult to fight as temporary workers when they do not know the language well and don't have proper knowledge of local laws. Therefore, these workers are more likely to be concerned by work-related death than other workers. Most countries worldwide have seen the limits of labor markets and labor laws. But trade unions insist that economic demands cannot replace universal human rights.
