The Workers Rights 
No — under Japanese law, can a person be fired simply because they are pregnant? In Vietnam, working women are pregnant, but fear is often greater than facts in cases of pregnancy in Japan.
Quick Facts on Vietnamese Japan Technical Intern Pregnancy
| Topic | Key Detail |
| Program Name | Japan Technical Intern Training Program (TITP) |
| Legal Protection | Females are not allowed to be sacked because of pregnancy under the Labour Standards Act. |
| Common Reality | Because of many interns’ fear of deportation, many interns conceal pregnancies. |
| Maternity Leave | Facilitated, but not often used by interns |
| Discrimination Status | In violation of Japanese law |
| Who’s Most Affected | Filipino, Indonesian and Vietnamese technical interns |
The Hidden Fear Inside Japan’s Intern Program
The Technical Intern Training Program (TITP) is a Japanese program that provides agricultural, manufacturing and construction jobs for hundreds of thousands of workers from Southeast Asian countries annually. One of the largest, and most vulnerable, groups is Vietnamese workers.
If the pregnancy of a Vietnamese worker is discovered, the response from the supervisor or sending organisation may be rapid and concerning, such as the threat of early repatriation, contract termination and/or social pressure to leave. They are not isolated from their loved ones, and many interns depend on their employer to provide them with a place to live, making them unwilling to exercise any rights whatsoever.
The actual problem is this fear. It has also put some employees in desperate positions, which could have been avoided altogether if there was clarity in the law.
What Japanese Law Actually Says
The Labour Standards Act in Japan is specific that foreign and domestic women are not to be fired due to their pregnancy. The Equal Employment Opportunity Law also comes into play, prohibiting pregnancy discrimination in the country in hiring, promotion and working conditions.
T1 (Technical Intern visa) is a kind of visa for persons who are working in Japan as employees under Japanese law. That means:
- They are not allowed to be sacked because of being pregnant.
- They have the right to maternity leave (14 weeks, 6 weeks before and 8 weeks after the birth).
- If the employer puts pressure on you to resign, this can also be illegal.
This has a significant impact on Vietnamese workers’ pregnancy in Japan. These statutory rights will take precedence over clauses in the contract, sending-organisation rules and verbal instructions from a supervisor.
Can a Technical Intern Be Sent Home?
This is the one thing that most interns are hesitant to ask. The answer is – no, just because you’re pregnant.
The link between deportation and pregnancy does not exist. Deportation or forced repatriation is a consequence of immigration status. The intern visa will be valid until the intern is employed and fulfilling his/her visa conditions. Pregnancy is not grounds for denial of visa.
If the intern loses the visa, however, that is another legal grey area, as the termination of the contract is illegal, given the intern’s legal status. But if an employer cancels the contract — which, again, is illegal if the termination is due to pregnancy — it opens a new legal grey area that advocates believe needs to be closed: the intern losing the visa due to that termination.
Comparison: Rights on Paper vs. Reality for Foreign Workers
| Situation | Legal Right | Common Reality |
| Pregnancy announcement | Cannot be fired | The fear of being forced to leave a job. Pressure to quit one’s position. |
| Maternity leave request | 14 weeks guaranteed | The interns seldom take this course. |
| Repatriation threat | Illegal without cause | Usually employed as a way to scare people off |
| Contract termination | Should adhere to labour law. | Often handled informally |
| Legal recourse | Can be obtained through labour bureaus | Language/fear barriers – not used often |
Why Vietnamese Worker Pregnancy in Japan Cases Keep Happening
The problems in the structure are serious. The contracts of many interns are only in Japanese, and they are prepared by sending organisations which are more concerned with the employer than the workers. Some contracts will have clauses that prohibit relationships — which are not legally enforceable in Japan, but which have the power to impact on the minds of the parties.
There is little information available in Japan on the rights of foreign workers who are pregnant. Language issues, social isolation and reliance on the employer for housing make it virtually impossible for workers to be aware — let alone exercise — their legal rights.
What Needs to Change
Vietnamese worker pregnancy cases in Japan, as they are documented, all reveal a system that is theoretically legally drafted to protect workers but is practically ignored. Proponents call for a number of changes to stop such pregnancy discrimination-related tragedies from happening in Japan:
- Pre-departure legal briefings on maternity rights, in workers’ native language.
- Safe channels for anonymous reporting of interns under pressure or at threat.
- Independent monitoring of the conditions of sending organisations’ contracts
- Confirmed by government statements that Japan maternity leave is a right, not a privilege, for foreign workers.
FAQs on Vietnamese Japan Technical Intern Pregnancy
Is it possible for a Vietnamese technical intern to be fired because she is pregnant in Japan?
No. It is against the Labour Standards Act to terminate a worker’s contract because she is pregnant or because she is a woman who is within the first year of pregnancy.
Can pregnant technical interns be compelled to go back to their home country?
Not legally. Having a child does not impact visa status. This would be in violation of Japanese labour law if used for forced repatriation.
Is the prohibition on “relationships” and/or pregnancy within a contract enforceable in Japan?
No. These provisions are not in compliance with Japanese law, and as such are null and void, even if found in a signed agreement.
If a pregnant technical intern is faced with the prospect of being fired, what should she do?
Please report to the nearest Labour Standards Inspection Office (労働基準監督署). Advice is available and confidential, and many offices have interpreter provisions.
Can foreign nationals who have acquired a technical intern visa take maternity leave?
Yes. The maternity leave for foreign workers in Japan is also valid for Japanese nationals and foreign employees who are covered by the Labour Standards Act.
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