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Can the worker keep working while the change of dispatch company is being processed?

Foreigners Employment Support Organization (FESO) / Published  / Last updated

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)

Answer

Work for the new dispatch company B is possible only after permission to change the status of residence has been granted and a new 在留カード (Residence Card) has been issued. Also, carrying on working for the old dispatch company A while the change application is pending carries a large risk of being suspected of 資格外活動 (activity other than that permitted under the status of residence) or 不法就労 (illegal work). Stopping work until permission is granted is the safest course.

What is this enquiry about?

HR staff at a company that accepts 「特定技能1号」 workers in the agriculture field ask about the timing of the procedure when the dispatching employer changes.

Can the worker work for the new dispatch company while the application is pending?

No. Work becomes possible only after permission is granted and the new 在留カード is issued.

The 「特定技能」 status of residence is granted in connection with a specific accepting organisation, that is, the dispatching employer.

Until permission is granted, the worker has to wait.

Can the worker carry on at the old dispatch company while the application is pending?

This is the point to be most careful about. In practice, stopping work until permission is granted is the safest way to handle it.

If an employment contract has been signed with dispatch company B and a change application has been filed with the Regional Immigration Services Bureau, then in substance the employment relationship with dispatch company A is treated as having ended, or as being about to end.

Working as an employee of the old company (A) when an application to move to another company (B) has already been filed can lead to suspicion of 不法就労 or 資格外活動.

In practice, once the worker has left dispatch company A and the change application has been filed, stopping work until permission is granted is the safest way to handle it.

What should the receiving company do?

3 points: file quickly, agree in advance how the waiting period will be handled, and make sure the notification is filed.

We understand that you do not want a gap in the work on site. Even so, to protect the worker's status of residence going forward, we recommend the following.

  1. File quickly and help the screening along
    Get dispatch company B's documents in perfect order and file even 1 day sooner if you can. The agriculture field is seasonal, so it is worth considering a note in the 理由書 (written explanation) saying that the matter is urgent.
  2. Agree in advance how the waiting period will be handled
    If switching the employment contract creates a "waiting period", checking in advance with dispatch company B and the worker how wages and any allowance for absence from work will be handled helps to prevent trouble.
  3. Make sure the notification is filed
    Do not forget that the worker must file the 「所属機関に関する届出」 (Notification of the Accepting Organization) for leaving dispatch company A and for the contract with dispatch company B.

This article is based on information as at early January 2026 (2026年1月上旬). Please check the website of the Immigration Services Agency of Japan for the latest information.

Frequently Asked Questions

Which application is needed to change the dispatching employer under 「特定技能」?

A 在留資格変更許可申請 for the change of the accepting organisation. The 「特定技能」 status of residence is granted in connection with a specific accepting organisation.

Can the worker start at the new dispatch company before permission for the change is granted?

No. Work based on the contract with the new dispatch company becomes possible after permission to change the status of residence is granted and the new 在留カード is issued.

Can the worker carry on at the previous dispatch company while the change application is pending?

It can lead to suspicion of 不法就労 or 資格外活動. In practice, once the worker has left the old dispatch company and the change application has been filed, stopping work until permission is granted is the safest course.

Is there a procedure the worker has to carry out for leaving and for the new contract?

Yes. The worker must file the 「所属機関に関する届出」 for leaving the old dispatch company and for the contract with the new dispatch company.

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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.