What is the receiving organization for specific skills? Standards and obligations to hire foreigners on specific skills visas

What is the receiving organization of specific skills
Status of residence of Specific Skill No. 2019 established in April 4.
Companies and organizations that employ this specific skill No. 1 foreigner are "Accepting institution (institution to which specific skill belongs)There are many standards and obligations that must be met by the host organization compared to other working statuses of residence.
The host organization needs to be aware of various rules regarding specific skills, and if you proceed without knowing it, your application for status of residence may be denied, and in the worst case, the host company may be penalized. Yes, and it continues after employment.
Here, we will introduce the points that companies and organizations should be aware of when hiring foreigners with a status of residence of a specific skill.

 

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What is the flow of accepting foreigners with specific skills?A host organization is a company / organization that employs foreigners with specific skills.

First,Flow of accepting foreigners with the status of residence of Specific Skill No. 1Let's hold down about.
Specific skills are statuses of residence that can be used in both cases of attracting foreigners from overseas and cases of hiring foreigners residing in Japan with other statuses of residence (study abroad, technical intern training, etc.).
In principle, there is no intermediary such as the technical intern training supervising organization (depending on the content of the bilateral agreement, the intervention of the local sending agency may be required depending on the nationality of the foreigner employed).
It is basic to conclude an employment contract directly between a foreigner and the company / organization that accepts it (excluding agriculture and fishing).
Companies / organizations that accept foreigners with specific skillsAccepting institution (institution to which specific skills belong)Call it.
Leaflet for Ministry of Justice Hosting Organization<Source:Leaflet related to "specific skills" (for accepting organizations)>
2 plays an important role in the flow of accepting foreigners of specific skills.
One is an accepting agency that employs foreigners, and the other is registration support established for the purpose of providing some or all of the support required by the accepting agency for foreigners with specific skills on behalf of the accepting agency. It is an institution (consignment to a registration support agency is not obligatory).
The flow of the status of residence of Specified Skill No. 2 is to cooperate with each other to smoothly accept foreigners with specific skills and maintain proper employment.

The registration support organization is a partner who supports the receiving organization

The role of the registration support organization is to plan and implement support plans for foreigners with specific skills on behalf of the host organization.
The framework for specific skills stipulates that companies should implement the necessary support plans for foreigners with specific skills No. 1.
The content of the statutory support plan is based on the premise that the foreigner with a specific skill will be in the most understandable language (usually his / her native language), from pre-immigration guidance to airport transfer, support necessary for daily life and work, We provide a wide range of services, including responding to complaints and consultations regarding the provision of information on Japanese language education, and support for changing jobs in the event of dismissal.
Companies and organizations that do not have a record of employment of mid- to long-term foreign residents with a working status of residence often cannot afford to provide all the legally required support.
At that time, it is registration support organization to appear.
A registration support organization that meets the necessary requirements, appoints a support manager and a support person, and is approved by the Ministry of Justice to apply for it is entrusted by the host company / organization to create and support a support plan. We will carry it out on your behalf.
The registration support organizations are assumed to be administrative scriveners, cooperatives, and oversight groups for skills internship programs with support from foreigners.
It is permitted based on the experience of employment of foreigners as a medium- to long-term resident with a working status of residence, or the track record of providing living support to foreigners as a business.

How can I become an institution that accepts foreigners with specific skills?Standards that companies should meet

What is the receiving organization of specific skills

How can I become an institution that accepts foreigners with specific skills?
Not all companies and organizations accept foreigners of a particular skill.
The government prohibits the exploitation of foreigners by malicious companies and brokers, which are often a problem in technical intern training.
To prevent exploitation by foreigners, companies must meet many criteria in order to hire foreigners with a status of residence of Specific Skill No. 1.

・ Belongs to a field that accepts foreigners with specific skills (must clearly belong to that field)
・ The host organization has not violated various laws and regulations within the past 5 years.
・ A system is in place to properly support foreigners
・ We have not dismissed employees in the same business as foreigners with specific skills within the past year.

Each is explained in detail below.

Companies / organizations belong to the 14 field that can accept specific skilled foreigners

There are 14 types of industries in which the status of residence of a specific skill can be used.
The host organization must be in a business category that falls into one of the following areas:
Even if you do substantially the same work, you will not be accepted and you will not be able to obtain a status of residence unless you fall under any of the following fields in the industry classification.

Field Expected number of people for 5 year Jurisdictional authority
Nursing care 60,000 Ministry of Health, Labor and Welfare
Building cleaning 37,000
Material processing industry 21,500 Ministry of Economy, Trade and Industry
Industrial machinery manufacturing industry 5,250
Electrical and electronic information related industries 4,700
construction 40,000 Ministry of Land, Infrastructure, Transport and Tourism
Shipbuilding and shipbuilding industry 13,000
Car maintenance 7,000
aviation 2,200
宿 泊 22,000
Agriculture: 36,500 Ministry of Agriculture
Fishery: 9,000
Food and beverage manufacturing industry 34,000
Restaurant business 53,000

<Source:Leaflet related to "specific skills" (for accepting organizations)>

In addition, the work that foreigners with specific skills can engage in is also determined in detail for each field.

For example, the status of residence of a specific skill can be used only in the inn / hotel format in the “accommodation business”.
Business formats that fall under the Simple Accommodation Business and Customs Business Law, such as capsule hotels and love hotels, are not covered by specific skills and cannot be used.

In addition, it is possible to sell take-out menus such as bento boxes with the specific skill "restaurant business", but for example, a retail business that only sells prepared bento boxes is not considered to be a restaurant business, and the bento boxes should be made to order. If it is in a good form, it may be in the restaurant business, and it is also judged by the ratio of sales whether it is applicable (delivery pizza that is cooked after ordering is applicable, and the prepared delicatessen is sold. It means that a bento shop that just does is not applicable).

In addition, there are four fields that are often judged not to fall under the fields, which are said to be the three manufacturing fields of the "form material industry," "industrial machinery manufacturing industry," and "electrical and electronic information-related industry," and the automobile maintenance industry.
It is often judged that these fields do not fall under any of the 14 fields under the officially defined Japan Standard Industrial Classification.
In this case, even if the application for the status of residence of a specific skill is granted, it will not be possible to join each council that is obliged to join after that, and the period of stay cannot be renewed (before renewal). Although it would be a violation of the Immigration Control Act without joining the council).

Of the above, there were many cases in which it was discovered that the three manufacturing fields did not fall under the three fields after obtaining the status of residence, so the rules were changed to join the council before obtaining the status of residence.
However, it takes a considerable amount of time (3 to 2 months) to join the council in the 3 manufacturing fields, so it is best to first confirm whether your industry corresponds to the 14 fields of specific skills.
As a guide, whether or not the product was shipped in the business corresponding to the field in the previous year.
For more information,Administrative agency with jurisdiction by fieldPlease also check the website of.

By the way, there are some fields where only the host company joins and some fields where both the host company and the registration support organization are obliged to join the council.

Has not violated immigration laws or labor laws in the past

It is also an important criterion that the company or organization that is the receiving organization observes the relevant laws and regulations.
Specifically, immigration-related laws, labor-related laws, social insurance-related laws, tax-related laws, etc. are required to have no violations in the past five years.

[Examples of standards required of accepting organizations]

・ Comply with labor, social insurance and tax laws
・ The worker who was engaged in the same job has not been dismissed within one year from the date of concluding the specific skill employment contract.
・ No foreigners are missing within one year from the date of signing the employment contract for specific skills.
・ The training certification has not been revoked based on the Technical Intern Training Law within the past 5 years.
・ Within the past 5 years, you have not threatened, assaulted, or threatened to violate immigration laws or labor-related laws, picked up foreign passports, or made non-payment of salary.

If a foreigner who has been employed in the past has disappeared, or if an employment form that violates the labor law has been seized, it may not be accepted as a receiving organization.
In addition, permission cannot be obtained if an employee who has the same job as a foreigner with a specific skill has been dismissed within the past year, regardless of nationality.
This is because it goes against the purpose of the specific skill of solving the labor shortage.
As an example of what actually happened in the corona sickness, "Sales decreased due to the influence of the new coronavirus, and I was forced to dismiss the employee who was enrolled at that time, but after that sales returned to after corona. However, even if the situation is such that "we will start employment again to replenish personnel", it is not accepted, and companies with a history of dismissal are not permitted.
Please note that the host company that has been dismissed cannot hire a foreigner with a specific skill for one year from the date of the dismissal.

A system to support specific skills 1 foreigners is in place

Status of residence for specific skills is divided into 1 and 2.
The host organization is obliged to implement an appropriate support plan for foreigners who possess Specific Skill No. 1.
Specific Skill No. 2 There is no need to provide support to foreigners.
This is because it is judged that there is no need to provide support based on the experience of residence of Specified Skill No. 2 foreigners who have stayed in Specified Skill No. 1 for 5 years.

[Differences between Specific Skills 1 and 2]

  Specific Skill 1 Specific Skill 2
Japanese language proficiency test Necessary (However, skills internship 2 students are exempted) Must not
State of the art test Necessary (However, skills internship 2 students are exempted) 必要
Length of stay Maximum XNUM X years No limit
Family belt Improper Possible
Support plan Required Must not
Target industry 14 field of specific industry field Of the specified industrial fields, only the 2 type of "Construction" "Shipbuilding / Shipbuilding Industry"

At this time, an appropriate support system is required, such as having experience in supporting foreigners and being able to communicate in the foreigner's native language.
If it is difficult for the host organization to establish an appropriate system, it is recognized that the necessary system is in place by entrusting the work to a registration support organization.

A common question when trying to hire an international student with Specific Skill No. 1 is that I can speak Japanese well, but do I need to communicate in my native language?There is something like that.
In conclusion, depending on your Japanese ability, support in Japanese is possible (support itself is not unnecessary).

However, how to prove that you have enough Japanese is important.
When I checked with the Third Division of Employment Examination of the Tokyo Regional Immigration Services Bureau, they answered that they would make a decision according to each case, but as a guide, if it is the Japanese Language Proficiency Test Level 1, there is almost no problem with support in Japanese. It was possible, and it was up to the examination if it was Level 2 of the Japanese Language Proficiency Test (Since the Japanese Language Proficiency Test is a literacy test, even foreigners who have passed Level 1 may not be very good at speaking. There are many).
Therefore, even if you are an international student who can speak Japanese, you can think that in most cases you need a support system in your native language.

However, this native language support does not necessarily have to be an employee of the host institution.
It is also possible to set up a support system by entrusting only an interpreter (it is necessary to respond for a certain amount of time (including working hours) so that we can respond to consultations, complaints, inquiries, etc. from foreigners with specific skills).

Two obligations that the host organization must comply with

Finally, I will explain the 2 obligations that the host organization must follow.
When hiring a foreigner with a status of residence of a specific skill, companies and organizations must be careful about concluding an appropriate employment contract and not neglecting the necessary notification.
We will explain below what kind of points we have to keep.

Standard of employment contract with certain skill foreigners

When hiring foreigners of specific skills, companies individually conclude labor contracts.
At this time, the employment contract must meet the following points.
As a premise, it is not possible to hire a foreigner with a specific skill if it is worse than a Japanese who does the same job in all aspects of treatment.

• working time
Only full-time work is permitted.
As a guide, weeks 5 days, 30 hours or more are guidelines. Please be aware that for part-time or part-time work contracts, you can not apply for a status of residence for specific skills.
Another problem is that other Japanese employees work 40 hours a week, while foreigners work 30 hours a week.

• Salary level
The salary must be equal to or higher than that of Japanese people engaged in the same occupation.
It is also important that the wage is not below the minimum wage.
If there are no Japanese people in the company who are engaged in the same occupation, the wages will be set based on the market price of the same occupation in the same industry in the area where the host organization is located.
In addition, as a guideline for comparison, it is supposed to be the same level as Japanese who have about 2 years of experience in the same occupation as foreigners with specific skills.
This is because foreigners with specific skills No. 1 have completed technical intern training up to No. 2 or have passed the specific skill evaluation test, so they have the same skills as Japanese people who have about two years of experience in the field. This is because the Immigration Bureau determines that there is one.However, if the company simply determines the salary based on age rather than experience or years of employment, there is no problem with the salary according to the age of the foreigner with a specific skill.
But, of course, you still can't go below the minimum wage.

• Insurance, workers' compensation insurance and other benefits
Foreigners who have obtained a status of residence of a specific skill must be covered by social insurance and workers' accident compensation insurance based on the same standards as Japanese nationals.
We are not allowed to take any discriminatory measures on the grounds of being a foreigner, such as welfare programs provided by companies.
On the contrary, there is no problem in treating better than Japanese because of being a foreigner.
For example, a leave for a foreigner to return to Japan is given separately from the regular paid leave.

• Get paid
If a foreigner with a specific skill wishes to return to Japan temporarily, he / she must arrange for the necessary paid leave.
Of course, it is not necessary to give paid leave before the specific skill foreigner is granted paid leave, or if it has already been consumed and there is no paid leave left.
However, in that case you need to give them an unpaid vacation.
Unlike Japanese people, it is physically difficult for foreigners with specific skills to return to their hometowns in a day or two, and in most cases a certain period of time is required.
However, even in such a case, it is not possible in principle not to give leave for reasons such as lack of manpower.
The same applies to Japanese people regarding paid leave, but the Immigration Control and Refuge Law also stipulates this for foreigners with specific skills.
If there is a situation that the work cannot be done without the foreigner with the specific skill and the replacement is not effective, it is necessary to take measures such as proposing an alternative date, but forcibly changing the season is normal. It can be said that the hurdle is higher than the right.

The contents of such employment agreement will be checked when applying for status of residence.
Contracts that do not meet the criteria are likely to disapprove your status of residence.
Please check before applying to see if your employment contract meets the criteria.

Notification issued by the receiving organization after accepting a specific skill foreigner

There are roughly 2 types of notifications that the host organization should submit to the Immigration and Arrival Bureau after hiring a specific skilled foreigner.
For other working statuses of residence, there are few procedures that are required separately from Japanese after hiring a foreigner, but there are many mandatory notifications for foreigners with specific skills.
There is nothing difficult about the content of the notification, but it is easy to forget because of the large number of notifications.
However, the risk of not submitting these various notifications is very high, so great care must be taken.
If you are not good at it, you will not be able to hire foreigners with specific skills, and if you are a company that has made a management plan based on a hiring plan that relies on the labor force of foreigners with specific skills, you have to make major changes to the management plan itself. It is possible that there is no such thing.

Report at any time: Notification to be submitted when the number of people accepted changes, new employment occurs, the contents of the support plan change, etc.
Regular notification: Notification to be submitted quarterly

The important thing is regular notification.
There are three types of regular notifications as follows.

Notification of acceptance status: Describe the number of days of activity and business content for each foreigner employed
Notification of support implementation status: Specific skill No. 1 Details of support implementation status for foreigners
Notification of activity status: Notification of compensation payment status, number of employees leaving work, number of missing persons, social insurance subscription status, etc.

Both can be brought or mailedSubmit to the Regional Immigration Bureau within 14 days from the first day of the following quarterplease.
However, companies / groups that have entrusted the implementation of support plans to a registration support organization are not required for “reports pertaining to support implementation status”.
The format of the notification form isMinistry of Justice websiteYou can download from.

Clear the standards and don't forget the obligations of the host organization

By now, you should have learned that not all companies and organizations in Japan can hire foreigners with a status of residence of a specific skill.
First of all, you need to make sure that you belong to 14 fields that your company can accept.
On top of that, it is necessary to comply with relevant laws and regulations, meet the standards of employment contracts, and establish an appropriate support system for foreigners with specific skill No. 1.
Companies / organizations that have not accepted foreigners in the past will be able to accept them smoothly by outsourcing to a registration support organization.
At our office, if you want to apply for status of residence from the acceptance consulting from the recruitment planning stage of specific skill foreigners, entrust support, entrust support as a registration support organization, and if you are a host organization that supports you in-house Will support appropriate support by supporting in-house production.
Please do not hesitate to consult us.

 

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