Immigration Control and Refugee Recognition Act

The government must establish a basic policy on the operation of the system pertaining to the status of residence of the "Specified Skilled Worker" (hereinafter referred to as "basic policy") in order to ensure the proper operation of the system pertaining to the "Specified Skilled Worker" status of residence.

The basic policy establishes the following particulars.

the particulars on the significance of the system pertaining to the "Specified Skilled Worker" status of residence;

the basic particulars on industrial fields that need to supplement a shortage of human resources through the employment of foreign nationals due to the difficulty in securing human resources;

the basic particulars on human resources required in the industrial fields under the preceding item;

the basic particulars on adjustment of the administrative affairs of the related administrative organs relating to operation of the system pertaining to the "Specified Skilled Worker" status of residence;

in addition to those particulars set forth in the preceding items, important particulars on operation of the system pertaining to the "Specified Skilled Worker" status of residence.

The Minister of Justice must prepare a draft basic policy and request the approval of the Cabinet.

When preparing a draft basic policy, the Minister of Justice must hear in advance the opinions of persons with expert knowledge concerning "Specified Skilled Worker".

If the Cabinet approval is received pursuant to the provisions of paragraph (3), the Minister of Justice must publish the basic policy without delay.

The provisions of the preceding three paragraphs apply mutatis mutandis to any changes to the basic policy.

The Minister of Justice must, pursuant to the basic policy, establish a policy on the operation of the system pertaining to the "Specified Skilled Worker" status of residence in the industrial fields (hereinafter referred to as "field-specific operation policy") in cooperation with the heads of the administrative organs with jurisdiction over the industrial fields which need to secure human resources to supplement the labor shortage through the employment of foreign nationals owing to the difficulty in securing human resources, the National Public Safety Commission, the Minister of Foreign Affairs and the Minister of Health, Labor and Welfare (hereinafter referred to as the "heads of the administrative organs and others" in this Article) in order to ensure proper operation of the system pertaining to the "Specified Skilled Worker" status of residence in the applicable industrial field.

The field-specific operation policy stipulates the following particulars.

the industrial fields, which need to secure human resources to supplement the labor shortage through the employment of foreign nationals due to the difficulty in securing human resources, to be specified in the field-specific operation policy;

the particulars on the situation of the shortage of human resources in the industrial fields under the preceding item (including the situation of the region in which there is a shortage of human resources in the applicable industrial field);

the particulars on the criteria for the human resources required in the industrial fields of item (i);

in addition to those particulars set forth in each of the preceding items, important particulars on operation of the system pertaining to the "Specified Skilled Worker" status of residence in the industrial fields of item (i).

When establishing a field-specific operation policy, the Minister of Justice and the heads of the administrative organs with jurisdiction over the fields and others must hear in advance the opinions of persons with expert knowledge concerning "Specified Skilled Worker".

When establishing a field-specific operation policy, the Minister of Justice and the heads of the administrative organs with jurisdiction over the fields and others must consult in advance the heads of the relevant administrative organs other than the heads of the administrative organs with jurisdiction over the fields and others.

When a field-specific operation policy has been established, the Minister of Justice and the heads of the administrative organs with jurisdiction over the fields and others must publicly announce the policy without delay.

The provisions of the preceding three paragraphs apply mutatis mutandis to any changes to the field-specific operation policy.

Contracts on employment to be entered into by a foreign national who seeks to engage in the activities set forth in item (i) or item (ii) of the right-hand column under "Specified Skilled Worker" of the Appended Table 1 (2) (hereinafter referred to as the "employment contract for specified skilled workers" in this Article and Chapter IV, Section 1, Subsection 2) with a public or private organization in Japan must conform to the criteria specified in Ministry of Justice Order as having the following particulars properly prescribed.

the content of the activities to be engaged in by the foreign national based on the employment contract for a specified skilled worker, and particulars concerning employment relationship, such as remuneration for the activities;

in addition to those particulars set forth in the preceding item, measures to secure the departure of foreign nationals whose period of the employment contract for a specified skilled worker has expired, and other particulars necessary to contribute to the proper residence of foreign nationals.

The criteria specified in the Ministry of Justice Order set forth under the preceding paragraph are to include the fact that discriminatory treatment with regard to decisions on remuneration, implementation of education and training, use of welfare facilities and other treatment on the grounds that the worker is a foreign national is not permitted.

The public or private organization in Japan that is the other party to an employment contract for a specified skilled worker must conform to the standards specified by Ministry of Justice Order as ensuring the following particulars.

the proper implementation of the employment contract for specified skilled workers conforming to the provisions of the preceding two paragraphs (referred to as "proper employment contract for a specified skilled worker" in Article 19-19, item (ii));

the proper implementation of the support plan for specified skilled workers (i) provided for in paragraph (6) conforming to the provisions of paragraph (6) and paragraph (7) (hereinafter referred to as "support plan for specified skilled workers (i)" in paragraph (5) and Chapter IV, Section 1, Subsection 2).

The criteria specified in the Ministry of Justice Order set forth under the preceding paragraph are to include the fact that the public or private organization in Japan set forth under the same paragraph (including officers if the organization is a corporation) has not conducted a wrongful or significantly unjustifiable act in relation to the laws and regulations on immigration or labor within five years prior to the date of entering into the employment contract for a specified skilled worker.

If the organization of affiliation of the specified skilled worker (meaning the organization of affiliation of specified skilled worker prescribed in Article 19-18, paragraph (1); the same applies hereinafter in this paragraph) has entrusted the implementation of all of the suitable support plan for specified skilled workers (i) to the registered support organization provided for in Article 19-27, paragraph (1) based on a contract, the organization of affiliation of the specified skilled workers is deemed to conform to the provisions of paragraph (3) (limited to the part pertaining to item (ii)).

A public or private organization in Japan, which seeks to enter into an employment contract for a specified skilled worker, with a foreign national who seeks to engage in the activities set forth in item (i) of the right-hand column under "Specified Skilled Worker" of the Appended Table I (2) must, pursuant to the Ministry of Justice Order, prepare a plan (hereinafter referred to as "support plan for specified skilled workers (i)" in paragraph (8), Article 7, paragraph (1), item (ii) and Subsection 2) concerning the implementation of support (referred to as "support for specified skilled workers (i)" in the following paragraph and Chapter IV, Section 1, Subsection 2) to be provided by the organization for the foreign national's work life, day-to-day living and social life in order to enable foreign nationals, who intend to engage in the activities set forth in the same item, to engage in their activities stably and smoothly.

The support plan for specified skilled workers (i) is to include support pertaining to the promotion of exchanges between the foreign national who seeks to engage in the activities set forth in item (i) of the right-hand column under "Specified Skilled Worker" of the Appended Table I (2) and Japanese nationals, and support that enables the foreign national to engage in the activities set forth in the same item based on an employment contract for specified skilled workers with another public or private organization in Japan if the employment contract for specified skilled workers are cancelled through grounds not attributable to the fault of the foreign national.

The support plan for specified skilled workers (i) must conform to the criteria specified by the Ministry of Justice Order.

The Minister of Justice is to consult with the heads of the related administrative organs in advance if the Minister establishes the Ministry of Justice Order set forth under paragraph (1), paragraph (3), paragraph (6) and the preceding paragraph.