Introduction

In August 2026, the Kokura Branch of the Fukuoka District Court issued a significant ruling ordering approximately 3.14 million yen in damages in a case where a Filipino woman, working as a technical intern trainee, was forced to resign and return to her home country due to pregnancy. This judgment has drawn considerable attention as an important legal precedent regarding the protection of foreign workers’ human rights, particularly concerning pregnancy and childbirth.

This article, written from the perspective of visa and status of residence application specialists, examines the significance of this ruling, the legal obligations companies must understand, and the challenges faced by foreign workers and their families.

Case Overview

Facts of the Case

According to the court’s decision, the woman had been working in caregiving duties at a special nursing home in Koge Town, Fukuoka Prefecture, since October 2019. When her pregnancy became known in April 2021, a director of the supervising organization that facilitated her placement recommended abortion to the woman’s partner, and the woman was made to sign a consent form for repatriation against her will. She was subsequently forced to resign and return home in August of the same year.

Court’s Judgment

Judge Takuro Senga of the Kokura Branch of the Fukuoka District Court stated that “inducing a specific choice such as abortion is impermissible and significantly lacks social adequacy,” and recognized the defendants’ tortious acts that violated her freedom in private life. The court ordered the defendants to pay a total of 3.14 million yen, including compensation for emotional distress and unpaid wages.

Legal Significance of This Ruling

1. Protection of Reproductive Freedom and Self-Determination Rights

This ruling reaffirmed that the right to self-determination regarding pregnancy and childbirth is protected as a fundamental human right. Particularly significant is the court’s clear statement that recommending abortion “significantly lacks social adequacy.”

Employers or supervising organizations interfering with personal life choices and compelling specific decisions constitutes a violation of individual dignity and the right to pursue happiness guaranteed by Article 13 of the Constitution, and is therefore impermissible.

2. Confirmation of Technical Interns’ Rights as Workers

While the technical intern training system is ostensibly designed for “skill transfer,” a labor relationship exists in practice. This ruling reaffirmed that technical intern trainees are fully protected by labor laws, including the Labor Standards Act and the Act on Equal Opportunity and Treatment between Men and Women in Employment.

Regardless of nationality or type of status of residence, all workers in Japan have the right to equal legal protection.

3. Clarification of Supervising Organizations’ Responsibilities

In this case, the court recognized the responsibility not only of the accepting company but also of the supervising organization. The ruling made clear that supervising organizations, which are responsible for protecting technical intern trainees and ensuring proper implementation of training programs, bear legal responsibility for actions contrary to their role.

Legal Obligations Companies Must Understand

Companies employing foreign workers, particularly those accepting technical intern trainees, have the following legal obligations:

1. Compliance with the Act on Equal Opportunity and Treatment

Article 9 of the Act on Equal Opportunity and Treatment between Men and Women in Employment clearly prohibits dismissal or disadvantageous treatment based on pregnancy or childbirth. This applies not only to Japanese workers but naturally extends to foreign workers as well.

Examples of Prohibited Actions:

  • Dismissal due to pregnancy
  • Recommendation to resign due to pregnancy
  • Refusal to renew contracts due to pregnancy
  • Demotion or salary reduction due to pregnancy
  • Recommending or forcing abortion

2. Protections Under the Labor Standards Act

For female workers during pregnancy and after childbirth, the Labor Standards Act provides the following protections:

  • Maternity leave for 6 weeks before childbirth (14 weeks for multiple pregnancies) and 8 weeks after childbirth (Article 65)
  • Restrictions on dismissal during pregnancy and within one year after childbirth (Article 19)
  • Right to request transfer to lighter duties (Article 65)
  • Restrictions on overtime work, holiday work, and late-night work (Article 66)

3. Distinction Between Status of Residence and Working Conditions

Issues related to status of residence and working conditions must be treated separately. Pregnancy does not constitute grounds for cancellation of status of residence, nor can workers’ rights be restricted based on their status of residence.

4. Privacy and Personal Information Protection

Information regarding pregnancy and childbirth is extremely sensitive personal information. Disclosing such information to third parties without consent or managing it inappropriately may result in legal liability for privacy infringement.

Practical Steps Companies Should Take

1. Establishing Internal Systems

Developing Employment Regulations
Companies should clearly specify in their employment regulations provisions regarding maternity leave systems, prohibition of disadvantageous treatment, and consultation services, and explain these clearly to foreign workers.

Creating Response Manuals
It is important to establish standard procedures for when an employee reports pregnancy, ensuring that responsible personnel can respond appropriately.

2. Conducting Education and Training

Companies should provide regular training for management and HR personnel on the following topics:

  • Basic knowledge of labor laws
  • Workers’ rights regarding pregnancy and childbirth
  • Special considerations for foreign workers
  • Prevention of discriminatory treatment

3. Appropriate Collaboration with Supervising Organizations

Companies accepting technical intern trainees should work closely with supervising organizations to establish a compliance framework. However, even if instructions come from supervising organizations, there is no obligation to follow illegal directives.

4. Access to Professional Consultation

Employing foreign workers requires specialized knowledge regarding status of residence, labor law, and social insurance. We recommend establishing a system for consulting with specialists such as administrative scriveners, certified social insurance labor consultants, and attorneys before problems arise.

Impact on Status of Residence and Appropriate Responses

Impact of Pregnancy and Childbirth on Status of Residence

Pregnancy itself is not grounds for cancellation of status of residence. However, attention should be paid to the following points:

For Technical Intern Training:
Since technical intern training is conducted based on a training plan, if the trainee is unable to train for an extended period, changes to the plan or adjustments to the period of stay may be necessary. However, this does not justify resignation or repatriation due to pregnancy.

For Work-Related Statuses Generally:
The employment relationship continues during maternity leave, and the status of residence is maintained. The same applies to childcare leave.

Appropriate Response Methods

  1. Explain Maternity and Childcare Leave Systems: Carefully explain Japan’s legal system so workers can understand their rights
  2. Manage Period of Stay: If the renewal period and maternity/childcare leave period overlap, plan renewal applications accordingly
  3. Consult Specialists: For individual cases, consult specialists in status of residence (such as administrative scriveners)

What Foreign Workers and Their Families Should Know

You Have Rights

Foreign workers in Japan have the same rights as Japanese workers:

✓ Pregnancy and childbirth are natural rights of workers
✓ You cannot be dismissed due to pregnancy
✓ You have the right to take maternity and childcare leave
✓ You are legally protected if subjected to unfair treatment

Where to Seek Help When in Trouble

If you are subjected to or anticipate unfair treatment, you can consult the following organizations:

  • Labor Standards Inspection Office
  • Consultation Services for Foreign Workers (Ministry of Health, Labour and Welfare)
  • Japan Legal Support Center (Houterasu)
  • Immigration Services Agency
  • Specialists (administrative scriveners, attorneys, certified social insurance labor consultants)

Many consultation services offer multilingual support. Don’t suffer alone—seek consultation early.

Regarding Impact on Status of Residence

Your status of residence will not be cancelled simply because you became pregnant or gave birth. However, we recommend consulting with specialists regarding renewal periods and how to handle periods when you cannot work.

Challenges in the Technical Intern Training System and Future Outlook

Structural Problems in the Current System

This case highlighted structural problems in the technical intern training system:

  1. Restrictions on Freedom to Change Jobs: Technical intern trainees generally cannot change accepting companies, making their position vulnerable
  2. Insufficient Supervision: Some supervising organizations fail to fulfill their intended supervisory functions
  3. Information Asymmetry: Technical intern trainees often lack sufficient information about their rights

Reform Initiatives

The government is reviewing the technical intern training system, working toward reform with greater consideration for human rights. Companies must also monitor these reform trends and respond appropriately.

Conclusion: Becoming a Company That Values People

The Fukuoka District Court ruling represents an important milestone in protecting foreign workers’ human rights. Key lessons from this ruling include:

For Companies:

  • Respect foreign workers as workers equal to Japanese employees
  • Properly understand and appropriately respond to rights regarding pregnancy and childbirth
  • Establish compliance systems and thoroughly manage risks
  • Consult specialists when in difficulty

For Foreign Workers and Their Families:

  • Know your rights and respond firmly to unfair treatment
  • Use consultation services and specialists when in difficulty
  • Obtain accurate information regarding impact on status of residence

For Society as a Whole:

  • Respect foreign workers as “people,” not merely “labor force”
  • Build workplace environments that embrace diversity
  • Realize a society where human rights are protected

Accepting foreign workers will become increasingly important for Japanese society. Building a corporate culture that complies with laws and respects human rights leads to securing excellent talent and enhancing corporate value.

If you need professional support regarding visa applications, status of residence matters, labor management for foreign employees, or appropriate responses during pregnancy and childbirth, please feel free to consult with us. We provide optimal advice tailored to each individual’s situation.

Reference Article:
Former Technical Intern: “Forced to Resign and Return Home Due to Pregnancy,” Facility Ordered to Pay 3.14 Million Yen—Fukuoka District Court Kokura Branch (Yomiuri Shimbun)
https://news.yahoo.co.jp/articles/99bffc9836a193b248b756ce8351de91b66f4bb4

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