What are the requirements for a company that takes on foreign nationals under 「特定技能」?

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original（日本語版を読む）

What is this guide about?

A guide for staff at companies that are thinking of taking on 特定技能外国人.

Which fields are covered?

The fields covered are industrial fields where labour shortages are serious, and the first step is to check whether your own business falls within one of them.

「特定技能」 is a status of residence for taking on foreign nationals who have a certain level of skill, in specified industrial fields where labour shortages are serious. The fields covered include the following.

• Nursing care
• Building cleaning
• Linen supply
• Manufacture of industrial products
• Construction
• Shipbuilding and ship machinery
• Automobile maintenance
• Aviation
• Accommodation
• Road transport
• Railways
• Agriculture
• Fishery
• Manufacture of food and beverages
• Food service
• Forestry
• Timber industry

The fields covered change when the system is reviewed. Please check whether your own business falls within one of them against the latest information published by the 出入国在留管理庁 (Immigration Services Agency of Japan).

What requirements must the company meet?

4 points: carrying on the business properly, the support system, complying with labour-related laws, and the 支援計画.

1. Carrying on the business properly
   You are required, among other things, to have no past breaches of the law and no improper conduct.
2. An appropriate support system for the foreign national
   You need to put in place a support system, covering both daily life and work, so that the foreign national can work in Japan with peace of mind.
3. Complying with labour-related laws
   You need to comply with labour-related laws such as the Labour Standards Act, and to set out the working conditions properly.
4. Drawing up a 支援計画 and carrying it out
   You need to draw up a support plan for the foreign national and carry it out properly.

What goes into the 支援計画?

It covers everything from giving information before entry to setting up daily life, Japanese-language study, handling consultations, regular interviews and notifications.

The 支援計画 is a concrete plan so that the 特定技能外国人 can live in Japan without difficulty and work stably. The accepting company is expected to carry out the following support items.

• Advance guidance　giving information before the person comes to Japan
• Meeting the person on arrival, and arranging somewhere to live　meeting them at the airport and so on, and helping them find somewhere to live
• Orientation on daily life　explaining the rules and manners of life in Japan, procedures at government offices and so on
• Support for Japanese-language study　making opportunities for them to improve their Japanese
• Handling consultations and complaints　setting up a place where they can raise matters about daily life and work, and dealing with complaints
• Helping them mix with Japanese people　making opportunities to take part in the local community
• Regular interviews　talking with the foreign national regularly
• Notifications to government bodies　regular reports on how the support is going

This support can be carried out by the accepting company itself, or it can be entrusted to a 「登録支援機関」. A 登録支援機関 is an organisation registered with the 出入国在留管理庁 that gives specialised support. If you cannot give enough support in-house, please consider using one.

What should I watch out for in the employment contract and working conditions?

The level of pay is required to be at least the same as for a Japanese national, and the Labour Standards Act applies.

The employment agreement with a 特定技能外国人 must comply with Japan's labour-related laws. The level of pay is required to be at least the same as for a Japanese national. Japan's Labour Standards Act also applies to working hours, days off, breaks, safety and so on.

What needs particular care when taking workers on?

Take care over support plans that exist only on paper, the language and culture barrier, working conditions that are not explained enough, and discriminatory treatment.

• Not thinking the 支援計画 through　Rather than a plan that exists only on paper, you need to think about the support the foreign national really needs, and carry it out
• The language and culture barrier　Take care to speak carefully so that misunderstandings do not arise, and consider support such as an interpreter where necessary
• Working conditions that are not clear　You need to explain the contents of the employment agreement carefully, so that the foreign national understands them fully
• No discriminatory treatment　Discriminatory treatment on grounds of nationality or race is prohibited. You need to build a fair working environment
• Complying with the law　You need to comply with 入管法 (Immigration Control and Refugee Recognition Act), the Labour Standards Act and other related laws. If you breach them, you may be penalised
• Regular checks and reports　Check regularly on the foreign national's work and living situation, improve things where necessary, and make your reports to the 地方出入国在留管理局 (Regional Immigration Services Bureau) properly

What are the benefits of taking workers on?

As well as easing labour shortages, it can enliven the workplace and help you deal with globalisation.

• Easing labour shortages　You can make up for a serious shortage of workers
• New ways of thinking, new energy　The varied ways of thinking and the motivation of foreign nationals may enliven the workplace
• Dealing with globalisation　You can build up experience for when you think about expanding your business overseas in the future

Taking workers on brings many responsibilities, including duties under the law. If anything worries you, please use this site to consult a specialist, such as a 行政書士 who is familiar with procedures at the 出入国在留管理庁.

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This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.