Dismissal for Allowing Fiancée to Stay in Dormitory

A male technical intern trainee was working in a furniture factory. The company found out that his fiancée, who was a technical intern trainee in another prefecture, came to see him for a three-day weekend and stayed in his room (company dormitory). Then, on the same day, a union (supervisory organization) representative took him to the union’s accommodation and said, “You have been fired.” The reason was that he had broken the rule, which stated “when letting outsiders into the dormitory, one must consult with the company in advance.”

The Labor Union Negotiated and Withdrew the Dismissal

The union gave him a plane ticket and told him to return home. He visited the labor union in Gifu. After hearing his story, the branch manager took him into custody at their facility and contacted the company and the union.

The company and the union came to the labor union to negotiate, and a few days later, the company’s representative (a lawyer) made a proposal to withdraw the dismissal. The labor union continued to negotiate an agreement regarding unpaid wages and prevention of recurrence.

About the Accommodation Rule

The union set rules on the technical interns for going out and staying out. The rules included: “when staying at another company’s dormitory, you must consult with your company in advance” and “you must also consult with your company when allowing outsiders to stay in your room.” He had previously stayed in his fiancée’s dormitory without permission, and the union explained that since this was the second time he had violated the rules, dismissal is unavoidable.

However, the Labor Contract Act stipulates that a fixed-term employment contract cannot be terminated without a compelling reason.

In addition, the Technical Intern Training Act stipulates that “persons involved in the technical internship shall not unfairly restrict the technical intern trainees’ freedom of their private life, such as going out.” Some people interpret allowing one’s fiancé(e) to stay over for a few days is within this “freedom of private life”.

Forcing trainees to return home against their will is also violating the Technical Intern Training Act.

Problem #6: “If You are Asked to Return Home During Your Technical Internship”

Frequently in technical intern training, trainees are asked to sign a document stating that you are resigning (returning home) at your own request, even though you are being forced to quit against your will. If you sign, you will be at a disadvantage when changing your status of residence to change jobs. Let’s look at some examples of senior trainees.

Problem #8: “Paying for the Returning Flights”

A man who had extended his stay in Japan to work after completing his technical internship due to COVID-19 was able to book a flight home and requested the union (supervisory organization) to pay for his airfare. The union initially refused, but under the guidance of the OTIT (Organization for Technical Intern Training), it agreed to pay the full amount.