FAQ

Q1

Reference Form No. 5-6 "Regular Interview Report" states that it is a supervisor. Can anyone be this supervisor?

開 く

The supervisor corresponds to a direct supervisor or a representative of the employer.For example, if a foreigner works in the manufacturing department, the boss of the engineering department is not the supervisor.The point is whether or not you have the command and command authority for the non-skilled foreigner to be interviewed.
"A person in a position to supervise" means a person who has command and command authority over the foreigner, such as an employee of the same department as the foreigner with Tokuteigino.
(Reference Material: No. XNUMX Operation Guidelines for Supporting Foreigners with Specific Skills)

Q2

Do I have to get a non-skilled foreigner to take paid leave?

開 く

Since the Labor Standards Law also applies to foreigners with Tokuteigino, they are obliged to take paid leave.

(Annual paid leave)
Article XNUMX
Employers shall provide employees who have worked continuously for six months from the date of employment and who have attended work for XNUMX% or more of all working days, either continuously or divided into XNUMX working days. not.
Reference: Labor Standards Law

Q3

Regarding the transfer of non-skilled foreigners to the airport, do I have to transfer to and from the airport even if the airport is far from the place of business where I plan to work?

開 く

The transfer of foreigners with Tokuteigino at the port or airfield must be carried out by the receiving company (organization to which the specified skills belong) as mandatory support.Therefore, it is important to consult with foreigners in advance about the arrival airport so that you can use the international airport where you can actually pick up and drop off.

In addition, since pick-up and drop-off corresponds to "mandatory support" among the support of non-designated foreigners, the cost of pick-up and drop-off cannot be borne by the foreigner himself / herself.I think it's a good idea to find out in advance how much it will cost.

Q4

Is it necessary for the host company to pay all costs related to the support of foreigners with Tokuteigino?

開 く

"Obligatory support" cannot be directly or indirectly borne by foreigners, so it must be borne by the host company or registration support organization.
Since "voluntary support" is not specified, it is possible to have some burden after consulting with a foreigner.
Reference:No. XNUMX Operation Guidelines for Supporting Foreigners with Specific Skills

○ The organization that belongs to the specified skilled worker cannot directly or indirectly make the foreigner bear the expenses required for the support of the specified skilled worker (limited to the "obligatory support" specified in this guideline). (Operation manual page 4)
For the contents of "voluntary support", refer to the above-mentioned operation procedure for support for non-designated foreigners.
Please refer to the following for the contents of "mandatory support".
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Reference:Ministerial Ordinance on Specific Skill Standards

(Details of No. XNUMX Specified Skilled Foreigner Support Plan, etc.)
Article XNUMX Item (i) Specified Skilled Worker Support Plan under Article XNUMX-XNUMX, Paragraph XNUMX of the Act shall include the following matters:
(i) Contents of support for occupational life, daily life, or social life, including the following items:
(a) Prior to applying for a Certificate of Eligibility for a Certificate of Eligibility for a foreigner who intends to engage in activities listed in item (i) in the right-hand column of the Specified Skilled Worker column of Appended Table XNUMX-XNUMX of the Act (the said foreigner has a different status of residence prior to applying for a change of status of residence) to the foreigner, the details of the specified skill employment contract, the details of the activities that the foreigner can do in Japan, To provide information on the conditions for landing and residence and other matters to be noted when the foreign national concerned lands and resides in Japan.
(b) To pick up and drop off the foreign national at the port or airport where the foreign national intends to enter or leave the country;
(c) In addition to acting as a guarantor for the foreigner's debts based on the lease contract concluded by the foreigner and providing other support related to securing appropriate housing for the foreigner, banks and other financial institutions opening a deposit account or savings account in Japan, providing support for contracts related to the use of mobile phones and other contracts necessary for daily life
D. After the foreign national enters Japan (if the foreign national resides in Japan with another status of residence, after the status of residence has been changed), concerning the following matters: Provide information.
(XNUMX) Matters related to general life in Japan
(XNUMX) Notifications and other procedures to national or local government agencies that the foreign national must or should perform pursuant to the provisions of Article XNUMX-XNUMX of the Act and other laws and regulations
(XNUMX) The contact information of the organization to which the specified skilled worker belongs or the person who has been entrusted with the implementation of support for foreigners with specified skills (i) by contract from the organization to which the specified skilled worker belongs and who is supposed to respond to consultations or complaints, and Contact information of the national or local government agency that should be consulted or filed complaints
(XNUMX) Matters concerning medical institutions where medical care can be received in a language that the foreign national can fully understand
(XNUMX) Matters related to disaster prevention and crime prevention, and matters necessary for responding to sudden illness and other emergencies
(XNUMX) How to respond when you know that you have violated the provisions of laws related to immigration or labor, and other matters necessary for the legal protection of the foreigner.
E. To accompany the foreigner to the relevant organizations and provide other necessary support as necessary in carrying out the notification and other procedures listed in (XNUMX).
(f) To provide opportunities to learn Japanese necessary for life in Japan.
(g) When receiving a consultation or complaint from the foreigner regarding work life, daily life, or social life, respond appropriately to the consultation or complaint without delay, and provide advice, guidance, or other necessary information to the foreigner. take appropriate measures.
(h) To support the promotion of exchanges between the foreign national and the Japanese.
(i) In cases where the said foreigner cancels the specified skilled worker employment contract due to reasons not attributable to him/her, public employment security offices, other employment security agencies, introductions to employment agencies, etc., and other Japanese Support to be able to carry out the activities listed in item XNUMX in the right-hand column of the column for specified skills in Appended Table XNUMX-XNUMX of the Act based on employment contracts for specified skills with public and private organizations of
J. The person in charge of support or the person in charge of support conducts regular interviews with the foreigner and the person who is in a position to supervise the foreigner, and confirms that there is a violation of the provisions of the Labor Standards Act and other labor laws and other problems. When you become aware of an occurrence, report it to the Labor Standards Inspection Office and other relevant administrative agencies.

Q5

I have previously fired an employee.Is it possible to hire a foreigner with a specific skill?

開 く

Whether or not you can hire depends on the situation of dismissal.
As a general rule, dismissal due to regular employment is "involuntary dismissal", so it is not possible to hire a foreigner with a specific skill for one year from the date of dismissal.However, in the following cases, it is possible to hire foreigners with Tokuteigino.
Operation guidelines for accepting foreigners with TokuteiginoAccording to

① When it is difficult to maintain employment even with all management efforts
(XNUMX) In the case of termination due to reasons attributable to a foreigner with a specific skill
Is not considered to be "involuntary turnover". (Refer to the operational guidelines for accepting foreigners with Tokuteigino, pages 53-54)
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"Involuntarily leaving a job" specifically means the following cases.If even one person leaves the company voluntarily, it will not meet the standards.
・When voluntary retirement is solicited or recommended to retire in order to reduce personnel (employment due to unfavorable weather, the occurrence of natural disasters, or the impact of infectious diseases such as the new coronavirus infection, even if management efforts are made) (Except when it is difficult to maintain
・ Workers judge that there were serious problems related to working conditions (wage decline, wage delay, excessive overtime, differences from hiring conditions, etc.)
・ When there is a serious problem related to the working environment (intentional exclusion, harassment, etc.)
・ Termination of a fixed-term labor contract for reasons not attributable to the specified skilled worker

Q6

Regarding the support for non-designated foreigners, it is desirable that the person in charge of support be a full-time employee, but what kind of person is a full-time employee?

開 く

There is no clear definition, but it is generally said that it applies to full-time employees, and it applies to those insured by employment insurance.
In the case of technical intern training, it is stipulated as follows.
Full-time employees are employees who are continuously employed by implementing organizations that accept technical intern trainees (so-called regular employees, but those who work continuously with the same working hours as regular employees are paid on a daily basis). including.)
From the viewpoint of treatment such as working hours, the judgment will be made in consideration of the following points.
A. The prescribed number of working days is 5 days or more per week, 217 days or more per year, and the prescribed working hours per week are 30 hours or more.
B. If you continue to work for 6 months after joining the company and commute more than 8% of all working days, you will be granted annual paid leave of 10 days or more.
C. Being insured by employment insurance and having 30 hours of regular working hours per week.
Employment insurance stipulates that the prescribed working hours per week must be 1 hours or more. is inappropriate.Source:Frequently Asked Questions (related to application for certification of technical intern training plan)

Q7

I would like to renew the employment contract period with a non-skilled foreigner employed by my company.Do I need to report anything to the Immigration Bureau?

開 く

If the period is shorter than the previous employment contract period, it will be disadvantageous to foreigners with Tokuteigino, so "Notification of employment contract for Tokuteigino (Reference Form No. 3-1)" is required.No notification is required for changes that do not disadvantage foreigners with Tokuteigino, such as renewal of employment contracts.

Q8

Foreigners with Tokuteigino will retire.Is there any procedure for immigration?

開 く

Notification is required at any time.Specifically, within 14 days 1 from the end date of the employment contract (retirement date), (3) notification form for specific skill employment contract (Reference Form No. 1-3), (3) notification form for support consignment contract (reference) Form No. 3-4) and (XNUMX) Notification form (Reference Form No. XNUMX-XNUMX) related to difficulty in acceptance are required.
Please do not forget to notify us within 14 days from the occurrence of the reason.
However, I think you may forget it.
In that case, you may be asked to state the reason for the delay (“statement”, optional form), but be honest and state that you have forgotten.
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①Regarding a notification form for a specific skill employment contract (reference form No. 3-1)
■ If the specific skill employment contract is terminated, the organization that belongs to the specific skill will notify the local government that has jurisdiction over the address of the organization (the address stated in the designation document of the specific skill foreigner to be hired) within XNUMX days from the date of termination. You must notify the Immigration Bureau by submitting a document stating that the contract has been terminated, the date of termination, and the reason for the termination. [Documents to be confirmed]
・ Notification form for specific skill employment contract (Reference Form No. XNUMX-XNUMX)
[Notes]
○ Foreigners with specified skills will not be able to return to their home country immediately even if their employment contract for specified skills is terminated. , you will be allowed to continue to stay within the period of stay.
〇When the specified skill employment contract is terminated due to reasons not attributable to the specified skill foreigner, after confirming the foreigner's intention to continue the activity, if he/she wishes to continue the activity, the necessary job change I have to help.
○ If the reason for terminating the employment contract for the specified skilled worker is involuntary separation from work, missing, etc., you must submit in advance a notification of difficulty in acceptance (reference form No. XNUMX-XNUMX). (See Section XNUMX below for more information).
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(3) About the notification form (reference form No. 3-XNUMX) pertaining to the support consignment contract
■ If the support entrustment contract with the registered support organization is terminated, the organization affiliated with the specified skill must notify the address of the organization affiliated with the specified skill (described in the specified You must submit a document stating that the contract has been terminated, the date of termination, and the reason for the termination to the Regional Immigration Bureau that has jurisdiction over your address).
[Documents to be confirmed]
・ Notification form for support consignment contract (Reference Form No. XNUMX-XNUMX)

[Notes]
〇If the contract with the registered support organization is terminated, the organization to which the specific skill belongs conforms to the standards for ensuring the proper implementation of the No. XNUMX Specified Skilled Worker Support Plan (see Chapter XNUMX, Section XNUMX, Section XNUMX). Please note that you will not be able to accept No. XNUMX Specified Skilled Workers unless you sign a consignment contract with another registration support organization.
○ If the support entrustment contract with the registered support organization is terminated, the No. XNUMX Specified Skilled Worker Support Plan will also be changed. (For details, please refer to item III in the Appended Table in Section XNUMX above.)
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③Regarding the notification form (reference form No. 3-4) concerning the difficulty of acceptance
■ If you terminate the employment contract for the specified skilled worker due to difficulty in accepting the specified skilled worker, such as dismissing the specified skilled worker due to management or business reasons, the specified skilled worker It is normal that there is a certain amount of time before the employment contract is terminated, so in such a case, before submitting a notification (reference form No. XNUMX-XNUMX) pertaining to the specified skill employment contract, it is necessary to confirm the difficulty of acceptance in advance. Please make every effort to submit the notification.
[Documents to be confirmed]
・ Notification form for difficult acceptance (Reference Form No. XNUMX-XNUMX)

[Notes]
〇 "When it becomes difficult to accept" refers to management circumstances (involuntary resignation), non-compliance with the standards of the organization to which the specified skill belongs, dissolution of the corporation, death of the sole proprietor, death of the specified skill foreigner, illness・Injury, missing person, dismissal due to heavy responsibility (due to reasons attributable to the worker), voluntary resignation, etc.In addition, if the above reasons occur for a specified skilled worker and it is not expected to be active for more than XNUMX days, please notify us.
○ If a specified skilled worker dies during acceptance, please take appropriate measures such as notifying the Labor Standards Inspection Office or the police.
○ Even after notifying the Regional Immigration Bureau that it has become difficult to accept the foreigner, the activity status of the foreigner may be investigated. Please keep it properly during the storage period and be able to present it at the time of investigation.
○ Acceptance may not be continued due to business/management reasons or disqualification of the organization to which the specified skilled worker belongs, or due to various problems between the organization to which the specified skilled worker belongs and the specified skilled worker.In the unlikely event that such a situation occurs, it is required to notify the fact that it has become impossible to continue the activity of the specific skill and the countermeasures.In addition, it is necessary to confirm whether the specified skill foreigner has a desire to continue the activity of the specified skill.If he/she wishes to continue his/her activities, he/she must take necessary measures such as providing assistance in changing jobs, such as directing the person to Hello Work or the office of a private employment agency.In addition, if the specified skilled worker returns to Japan before the expiration of the specified skill employment contract, there is no need for the specified skilled worker to stop the specified skill activity and return to the country against his or her will. After fully explaining the situation and confirming the intention to return to Japan in writing, when the specific skilled worker's return to Japan is decided, it must be notified to the Regional Immigration Bureau before returning to Japan.
○ Even if a specified skilled worker goes missing, it falls under the case where it is difficult to have the specified skilled worker carry out activities. Form No. XNUMX-XNUMX) must be submitted.In addition, a missing specified skilled worker may be subject to procedures for revoking the status of residence under the Immigration Control Act.
Source:Operating Guidelines for Accepting Specified Skilled Workers Pages 94-95, 101-103

Q9

Are there any requirements for acceptance as a company that hires foreigners with Tokuteigino?

開 く

In addition to labor-related laws and regulations, it is necessary to pay attention to the misconduct of foreigners and whether or not they meet the appropriateness as a host company.
In the case of Tokuteigino, it is required to be appropriate as a receiving organization,
・ Comply with labor-related laws, social insurance-related laws, and tax-related laws
・ No involuntary turnover has occurred (within one year from the date of the conclusion of the employment contract-all the time since the conclusion of the employment contract)
-No missing persons have been generated due to reasons attributable to the host organization (within one year from the date of the conclusion of the employment contract-all the time since the conclusion of the employment contract).
・ Not being punished by relevant laws
Etc. are required.
Source:Specific skill operation guidelines 49-73P

Q10

I currently have a status of residence of "Short-term stay". Is it possible to apply for permission to change to "Specific Skills" without a residence card?

開 く

Whether or not you can hire depends on the situation of dismissal.
As a general rule, dismissal due to regular employment is "involuntary dismissal", so it is not possible to hire a foreigner with a specific skill for one year from the date of dismissal.However, in the following cases, it is possible to hire foreigners with Tokuteigino.
According to the operating guidelines for accepting specific skilled foreigners,

① When it is difficult to maintain employment even with all management efforts
(XNUMX) In the case of termination due to reasons attributable to a foreigner with a specific skill
Is not considered to be "involuntary turnover". (Refer to the operational guidelines for accepting foreigners with Tokuteigino, pages 53-54)
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"Involuntarily leaving a job" specifically means the following cases.If even one person leaves the company voluntarily, it will not meet the standards.
・When voluntary retirement is solicited or recommended to retire in order to reduce personnel (employment due to unfavorable weather, the occurrence of natural disasters, or the impact of infectious diseases such as the new coronavirus infection, even if management efforts are made) (Except when it is difficult to maintain
・ Workers judge that there were serious problems related to working conditions (wage decline, wage delay, excessive overtime, differences from hiring conditions, etc.)
・ When there is a serious problem related to the working environment (intentional exclusion, harassment, etc.)
・ Termination of a fixed-term labor contract for reasons not attributable to the specified skilled worker
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Source:Operation guidelines for accepting foreigners with Tokuteigino

Q11

We are planning to accept Tokuteigino.After examining our products, it seems that they fall under the electrical and electronic information related industrial fields.Are there any restrictions on the work that can be engaged?

開 く

There are restrictions.It is necessary to meet the standards set for each field.

The detail is Operation guidelines by field for more information.
For example, in the "electrical and electronic information related industrial fields", it is necessary to meet the following criteria for the work to be engaged.
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Notification Article XNUMX
The standards stipulated in the notification of Article XNUMX, Paragraph XNUMX, Item XNUMX of the ministerial ordinance that stipulates the standards, etc. for employment contracts for specified skilled workers related to electrical and electronic information-related industries and the support plan for foreigners with specified skills (XNUMX) are based on the Immigration Control and Refugee Recognition Act. (Government Ordinance No. XNUMX of XNUMX) Based on the specified skill employment contract prescribed in Article XNUMX-XNUMX, paragraph XNUMX, a foreigner is listed in the right column of the specified skill column in the table of Appended Table XNUMX-XNUMX of the same law. The following industries listed in the Japan Standard Industrial Classification stipulated in the XNUMX Ministry of Internal Affairs and Communications Notification No. XNUMX (Matters for establishing industrial classifications based on the provisions of Article XNUMX of the Statistics Act) that engage in the activities listed in Assume that you are doing one of the following.

Middle category XNUMX-Electronic component / device / electronic circuit manufacturing industry
XNUMX. Major Group XNUMX-Electrical Equipment Manufacturing Industry (Excluding Industry XNUMX-Internal Combustion Engine Electrical Equipment Manufacturing Industry and Industry XNUMX-Miscellaneous Industrial Electric Equipment Manufacturing Industry (including Vehicles and Ships))
Three middle categories XNUMX-Information and communication machinery and equipment manufacturing industry

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If you are engaged in the industry listed in the above Japanese industry classification, at the business site where the XNUMX specified skill foreigner is engaged in work, the shipment value of manufactured products, etc. listed in ① to ③ above has occurred in the most recent year. means that you are
What is the shipment value of manufactured products?
・ Shipment value of manufactured products
・ Processing fee income
・ Other income
It is the total of, and refers to the amount including consumption tax, liquor tax, tobacco tax, volatile oil tax, and local volatile tax.
Source:Operational guidelines for accepting foreigners with Tokuteigino related to specific fields

Q12

What is the difference between the 3rd grade and the 3rd grade at any time regarding the proficiency test?

開 く

The test content is the same.However, although there are no restrictions on the target audience for Level 3 (Japanese and technical intern trainees can also take the exam), Level 3 will be held at any time for foreign technical intern trainees.

The implementation time is also different.
○3 classIs divided into the first half and the second halfTwice a year, The test will be done.
○Level 3 at any timeIs monthly according to the technical intern training planAt any timeHas been done.

Reference: Date of the third grade proficiency test
https://www.javada.or.jp/jigyou/gino/giken_nittei.html

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In addition, one of the documents required when applying for permission to change the status of residence to "Specific Skill No. 1" is
-Pass certificate of the practical test of the skill test (3rd grade or professional grade)
but there is
At any time, both the 3rd grade pass certificate and the 3rd grade pass certificate are accepted as documents to be submitted.

Reference: List of documents to be submitted and confirmation table for residence applications for foreigners with Tokuteigino
https://www.moj.go.jp/isa/content/001341649.pdf

Q13

We hired foreigners with Tokuteigino.Is it possible to set up a trial period after joining the company? (2 months)

開 く

It is possible to have a trial period.In addition, I think that it is acceptable to add a wording that there is a possibility of lowering the wage classification after the trial period.

"Being a foreigner"Please note that it is not possible to distinguish the contents of the employment contract because of the above.

For details on standards such as treatment of foreigners, please see
"Operational guidelines for accepting foreigners with Tokuteigino"Please see (pages 40-43).
Source:https://www.moj.go.jp/isa/content/930004944.pdf

[Related regulations]
Immigration Control and Refugee Recognition Act Article XNUMX-XNUMX
An employment contract concluded with a public or private organization in Japan by a foreigner who intends to engage in the activities listed in item XNUMX or XNUMX (referred to as a “Specified Skilled Worker Employment Contract” in Chapter XNUMX, Subsection XNUMX) must conform to the standards stipulated by Ministry of Justice ordinances, assuming that the following matters are appropriately stipulated.
(i) Contents of the activity conducted by the foreigner based on the specified skilled worker employment contract, remuneration for the activity, and other employment-related matters;
(ii) In addition to what is listed in the preceding item, measures to secure the departure of foreign nationals whose employment contracts for specified skilled workers have expired, and other matters necessary to contribute to the appropriate stay of said foreign nationals.
XNUMX. The standards stipulated by the Ministry of Justice Ordinance in the preceding paragraph include:Because I am a foreigner, Determination of remuneration, implementation of education and training, use of welfare facilities and other treatmentDo not treat discriminatoryIt shall include.

Q14

It is said that you can stay in "Specific Skill No. 1" for a total of 5 years or less. Is it included in the period while you are abroad?

開 く

The period of departure with a re-entry permit is included in the "total" period.However, there may be exceptions.

"Total" refers to the period of stay in Japan with the status of residence "Specific Skill No. XNUMX" regardless of the specific industrial field, and includes the period of stay with the status of residence "Specific Skill No. XNUMX" in the past. ..

○ In the following cases, during the total period of stayincluded.
・ Leave period due to unemployment, childcare leave, prenatal and postnatal leave, etc.
・ Vacation period due to work-related accidents
-Departure period by re-entry permit (including departure by deemed re-entry permit)
・ Special period during application for permission to renew the period of stay or application for permission to change the status of residence (limited to those for changing jobs) made by a person with "Specific Skill No. XNUMX"
・ Period of stay in "Specific Activities" that allows employment activities in preparation for the transition to "Specific Skills No. XNUMX" as a special measure at the time of enforcement in April XNUMX

○ However, in the following cases, during the total period of stayNot included.
・ Although the country departed with a re-entry permit (including departure with a deemed re-entry permit), due to measures such as refusing to land to prevent the spread of the new coronavirus infection.Period during which re-entry was not possible

Source: Operation guidelines for accepting foreigners with Tokuteigino
https://www.moj.go.jp/isa/content/930004944.pdf

Q15

Regarding the "Reference Form No. 1-9 Explanation of Collection Fees" in the application for permission to change the status of residence to a specific skill, how should I fill in the column for residence expenses?

開 く

The description will differ depending on whether the property is owned by you or rented.

【Self-owned propertyin the case of】
・ Cost required for construction / reconstruction
・ The useful life of the property
・ Number of people moving in
It should be a reasonable amount calculated from.

Calculation example:
・ Cost required for construction / reconstruction: 600 million yen
・ Service life of the property: 10 years (120 months)
・ Number of people moving in: 2 people
→ 600 million ÷ 120 months ÷ 2 people = 25000 yen/month per person
In the above calculation example, the amount collected as living expenses must be within 25000 yen per person.

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【Rental propertyin the case of】
・Expenses required for renting (including: management fee, common service fee, not including: security deposit, key money, brokerage fee, etc.)
It must be a reasonable amount calculated from the number of people who move in.

Calculation example:
・ Rent: 55000 yen / month
・ Management fee: 2000 yen / month
・ Common service fee: 3000 yen / month
・ Security deposit: 10 yen
・ Key money: 15 yen
・ Number of people moving in: 3 people
(55000 yen + 2000 yen + 3000 yen) ÷ 3 people = 20000 yen per person / month
In the above calculation example, the amount collected as living expenses must be within 20000 yen per person.

Q16

When the dispatching company A considers accepting a specific skill at the contracting office of company B, is the condition of "no involuntary turnover" required only for the contracting office of company B?

開 く

It is a requirement that the host organization does not cause "involuntary resignation". Dispatch company A (accepting organization) unfairly dismisses workers who are engaged in "same type of work" among workers who are engaged not only in company B's on-site contracting office but also in dispatch company A as a whole. Do not let it become necessary.

Reference materials for "involuntary turnover" and "similar work": Specified Skill Operation Guidelines, pp. 50-51 (https://www.moj.go.jp/isa/content/930004944.pdf）

Although the definition of "similar business" is not clarified in the operation procedure,
・ Does not include part-time jobs
・ Refers to the same work that foreigners with Tokuteigino engage in.

The above two points are presented in the official materials of the Immigration Bureau.
In the case of work in the same work category, it is better to think of it as "the same type of work" and consider whether or not there are "involuntary turnover".

【Example】
When accepting in the business category "Metal Stamping", check whether the receiving organization (dispatching company) has generated "involuntary turnover" in the "Metal Stamping" business.

Q17

It is a company in 3 manufacturing fields.I would like to hire a foreigner with a specific skill, but what kind of work can I do?

開 く

It must be an industry (business) in which "manufactured product shipment value, etc." is generated at the place of employment.In addition, foreigners with Tokuteigino must have passed the proficiency test for the work they plan to engage in.


[About the shipment value of manufactured products]
25 From the "Japan Standard Industrial Classification (Revised in October 10) List of Major Group E Manufacturing Industries (Ministry of Internal Affairs and Communications)" and "Explanation and Content Examples",
In the last year at the office you wish to accept"Product shipment value, etc."It is necessary to confirm the type of industry in which is occurring.
https://www.soumu.go.jp/main_content/000290724.pdf

XNUMX. Next, please check the "Latest METI Explanatory Materials (Materials Used in Acceptance Seminars)" and confirm that the industry isTarget industry of specific skillPlease confirm that.
https://www.meti.go.jp/policy/mono_info_service/gaikokujinzai/index.html

<Source: FAQ about accepting foreigners with Tokuteigino in the manufacturing industry>
https://www.meti.go.jp/policy/mono_info_service/gaikokujinzai/pdf/20210614faq.pdf

[About passing the exam]
For example, in order to get engaged in the "industrial packaging" business, the specified proficiency foreigner to be hired must have passed the "industrial packaging" proficiency test.

Q18

How long does it take to process the status of residence for a specific skill?

開 く

Although it depends on the content of the application, as a guide, the following residence examination processing period (days) has been announced by the Immigration Bureau.

If you have enough documents, you can often get permission in about 30 days.
Also, if the documents are incomplete or missing, you will be asked to submit additional materials.
If it takes time to submit additional materials, it will take days to get permission.

The latest standard processing period is announced quarterly from the Immigration Bureau.
http://www.moj.go.jp/isa/publications/materials/nyuukokukanri07_00140.html(Source: Immigration Bureau of Japan)

Q19

Is it okay for foreigners with Tokuteigino to engage in night shifts or shift work?

開 く

You may be engaged in night shifts or shift work.However, Japanese workers with the same conditions are required.

Please note that specific workers such as late-night workers are required to undergo regular health examinations twice a year (once every six months).

It is also necessary to fill in the “regular health checkup column” in the “Reference Form No. 1-6 Employment Conditions” once every six months.

Q20

Do foreigners with Tokuteigino have to have bonuses and salary increases?

開 く

Bonuses and salary increases are not always necessary.However, equal pay for equal work is applied, and it is necessary that the amount is equal to or higher than the amount of compensation for Japanese workers.

〇 The amount of remuneration for non-designated foreigners must not be unreasonably low because they are foreigners.
If there is a Japanese worker with similar skills, explain that the job content to which the foreigner is assigned and the degree of responsibility for that job are the same as those of the Japanese worker.
It is necessary to explain that it is equal to or greater than the amount of compensation for the Japanese worker.

〇 If there are no Japanese workers with the same level of skill, etc., regarding the fact that the amount of remuneration for specified skilled workers is equal to or higher than the amount of remuneration for Japanese workers,
・ If there is a wage regulation: From the viewpoint of the compensation system of each company in light of the regulation
・ If there is no wage regulation: For example, explain from the perspective of how the foreigner's job description and the degree of responsibility for that job are different from those of the Japanese worker who has the closest job. It will be.

Q21

Is there an upper limit to the number of people that a company can accept for a specific skill, as in the technical intern training system?

開 く

There is no upper limit to the number of acceptances for each host company.

However, there is a maximum number of people that can be accepted in each field.
The Ministry of Economy, Trade and Industry has announced the number of people accepted for each field, so please check there.

https://www.moj.go.jp/isa/content/930006254.pdf
(Please refer to pages 21-23.)

Q22

Is it possible for foreigners with Tokuteigino to work for multiple companies at the same time? (Company A during the day, Company B at night, etc.)

開 く

Since non-skilled foreigners are required to work full-time, non-skilled foreigners cannot work at multiple companies at the same time.

Source: Ministry of Justice website (https://www.moj.go.jp/isa/content/930006254.pdf）

Q23

How long will the period of stay granted to foreigners with specified skills be?

開 く

For No. XNUMX Specified Skilled Workers, a period of stay of XNUMX year, XNUMX months or XNUMX months is granted. No. XNUMX Specified Skilled Workers are granted a period of stay of XNUMX years, XNUMX year or XNUMX months.

Source: Ministry of Justice website (https://www.moj.go.jp/isa/content/930006254.pdff）
Please refer to page 6.

Q24

Please tell us about the Immigration Control Act revised from April 2019.

開 く

Against the background of the shortage of workers in Japan, the status of residence of "Tokuteigino" has been added, which is not limited to employment in specialized fields rather than technical intern trainees and technicians.

Compared to "technical intern training", "Tokuteigino" have the following characteristics.
[Purpose of the system]
・ "Technical intern training":International contribution(To bring the technology back to my home country)
・ "Specific skills": In JapanLabor shortageTo make up for

Q25

I currently operate a dispatching company. Can I become an institution that accepts foreigners with Tokuteigino?

開 く

In order for a dispatched labor company to become a host organization as a dispatch source, it is necessary to meet the standards of the host organization and the standards of the dispatch source stipulated by the Immigration Control Act, and it is engaged in business related to specific industrial fields or related business. If you do not meet the requirements such as cases, you cannot become a host organization as a dispatching agency.

Source: Ministry of Justice website (https://www.moj.go.jp/isa/content/930003977.pdf）
See Q33, "Q & A on the system for accepting foreign human resources"

Q26

Is it okay to have a technical intern trainee and a foreigner with a specific skill do the same job?

開 く

Generally, there are many different cases.

Technical intern training is based on the transfer of skills, etc. to the home country.International contributionWe are engaged in work that requires such skills in order to become proficient in skills for the purpose of.
On the other hand, the specific skill isLack of laborEngage in work that requires a certain degree of specialization and skill in the field.

Therefore, because the two have different skill levels and forms of activities, the work that technical intern trainees and non-designated foreigners engage in is often different.

Q27

It is said that foreigners with a status of residence of "Specific Skills" can change jobs. In what cases are foreigners allowed to change jobs?In that case, what kind of procedure is required?

開 く

It is acceptable if the foreigner with a specific skill changes jobs in the same field and the business division is the same.If you want to change the host organization, you also need to apply for permission to change your status of residence.

Under the Immigration Control and Refuge Law, foreigners with Tokuteigino are required to engage in work with "requiring considerable knowledge or experience" or "skilled" skills.
Even within the same field, there are some fields such as the manufacturing industry where there are multiple jobs with different skills.
In such fields, you will only be allowed to change jobs if you pass the exams, that is, the skills that correspond to the work that foreigners with Tokuteigino are engaged in.
In the basic government policy, there is a further division called "business division" within the field, and when a job change is permitted, "business division within the same business division or by examination, etc., the commonality of the skill level is confirmed. "Between".

Q28

If a foreigner with a specific skill loses his job due to the circumstances of the host company, do I have to return to Japan immediately?

開 く

Even if a foreigner with a specific skill loses his / her job, he / she does not have to return to Japan immediately.

However, if you do not engage in residence activities related to "Tokuteigino" for XNUMX months or more without a justifiable reason, such as staying without looking for a place of employment for XNUMX months or more, your status of residence may be revoked.

Q29

Do the accepting organizations have to bear the airfare when returning to Japan after completing the specified skills?

開 く

Unless the person cannot bear the cost of returning to Japan after completing the specified skill, the person will basically bear the air wage at the time of returning to Japan.

Assuming that the person cannot bear the cost, we recommend that you also consider the cost of air wages when you return to Japan at the stage of budgeting.

Q30

There was a talk that "proof that you have successfully completed Technical Intern Training No. XNUMX" is required to switch to a specific skill. What kind of "proof of successful completion of Technical Intern Training No. XNUMX" is required?

開 く

The following two points are the conditions for successfully completing Technical Intern Training No. 2.

・ Completed Technical Intern Training No. 2 for 2 years and 10 months or more
・ Have passed the practical test of the skill test level 3 or the technical intern training evaluation test.
Therefore, a certificate of passing the technical intern training evaluation test is required.
After the Technical Intern Training Law came into effect on November 2017, 11, it is obligatory to take the technical intern training level 1 or the technical intern training evaluation test before completing the technical intern training No. 2.
However, before that, it was not mandatory to take the practical test of the skill test level 3 or the technical intern training evaluation test, so some former trainees have not taken the test equivalent to the skill test level 3.
In that case, it is necessary for the company and the supervising organization that were practicing to prepare an "evaluation record".
The "evaluation record" is the one that describes the following contents.
・ Attendance status during training at that time
・ Skill acquisition status
・ Lifestyle and Japanese ability
If you have this evaluation record, you will be recognized as having "successfully completed Technical Intern Training No. XNUMX" even if you have not passed the third grade of the skill test.

Q31

What is the status of residence "Specific Skills"?

開 く

This is a status of residence issued to foreign workers who meet certain conditions.

Compared to technical intern training, it is not limited to specialized and technical employment, and the period of No. XNUMX is XNUMX years, and No. XNUMX has no upper limit, which makes it possible to work for a longer period of time.
However, please note that the industries in which you can work are limited and you will be subject to equal pay for equal work.