Act on Proper Technical Intern Training and Protection of Technical Intern Trainees

The purpose of this Act, in conjunction with the Act on Immigration Control and Refugee Status Recognition Act (Cabinet Order No. 319 of 1951; hereinafter referred to as the "Immigration Control Act" in the following Article and Article 48, paragraph (1)),) and other laws and regulations on immigration, and as well as the Labor Standards Act (Act No. 49 of 1947), the Industrial Safety and Health Act (Act No. 57 of 1972), and other laws and regulations on labor, is to ensure the proper implementation of the training of,establish basic principles and protection clarify responsibilities of technical intern trainees,the national government and promoting international cooperation through the transfer of skills, techiniqueother relevant parties with respect to employment for skill development, and knowledge (hereinafter referred to as "skills, etc.") to developing countriesto ensure the proper implementation of employment for skill development and other regions through human resourcethe protection of skill development, employees by way of establishing basic principles and clarifying related responsibilities establishing systems for the accreditation of employment-for-skill-development plans and the licensing of the national government supervising and support organizations, and taking other relevant parties for technical intern training as well as establishing systems for the accreditation of technical intern training plansmeasures, thereby fostering human resources with skills requiring considerable degree of knowledge or experience in the employment-for-skill-development industrial fields and the licensing of supervising organizationssecuring human resources in the employment-for-skill-development industrial fields.

The term "technical intern training" as usedterms in this Act means individual-enterprise-type technical intern training and supervising-organization-type technical intern training, and the term "technical intern trainees"following items as used in this Act means individual-enterprise-type technical intern trainees and supervising-organization-type technical intern traineesare to have the meanings as are defined in each item.

The term "employment for skill development" means individual-enterprise-type employment for skill development and supervising-organization-type employment for skill development.

The term "individual-enterprise-type employment for skill development" means that a foreign national (meaning a foreign national provided for in Article 2, item (i) of the Immigration Control Act; the same applies hereinafter) who is an employee at a place of business located outside of Japan which belongs to a public or private organization in Japan, with the aim of acquiring skills requiring considerable degree of knowledge or experience in the specified industrial fields (meaning the specified industrial fields provided for in item (i)under the right-hand column of the Specified Skilled Worker section of the table of the Appended Table I (2) of the Immigration Control Act) that are as provided for in order of the competent ministries as those reasonable to have them acquire skills in those fields through employment in Japan (hereinafter referred to as "employment-for-skill-development industrial fields"), is accepted by that organization and attends the necessary course of lectures under the status of residence for "Employment for Skill Development" in that table, and engages in duties requiring skills in the employment-for-skill-development industrial fields at that organization's place of business located in Japan, under an employment contract signed with that organization.

The term "supervising-organization-type employment for skill development" means the following:

a foreign national is accepted by a not-for-profit corporation in Japan and attends the necessary course of lectures under the status of residence for "Employment for Skill Development" in the table of Appended Table I(2) of the Immigration Control Act (or, if a public or private organization in Japan employs a foreign national who is an employee of a place of business located outside of Japan which belongs to a public or private organization in a foreign country that has a close trade relationship provided for in order of the competent ministries with that organization in Japan, a foreign national is accepted by that public or private organization in Japan and attends the necessary course of lectures), and engages in duties requiring skills in the employment-for-skill-development industrial fields at that organization's place of business located in Japan ,under an employment contract signed with that public or private organization in Japan that receives supervision and support from that Japanese corporation, with the aim of acquiring skills requiring considerable degree of knowledge or experience in the employment-for skill-development industrial fields.

in order to acquire skills requiring considerable degree of knowledge or experience in the employment-for-skill-development industrial fields through worker dispatch, etc. (meaning the employment-for-skill-development industrial fields that require having foreign nationals engage in seasonal work to acquire skills in those fields through employment in Japan and are as prescribed by order of the competent ministries as being regarded as possible to have them acquire through employment through worker dispatch, etc. (meaning the worker dispatch referred to in Article 2, item (i) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985; hereinafter referred to as the "Worker Dispatching Act" in this subitem) or the mariner dispatching referred to in Article 6, paragraph (13) of the Mariners' Employment Security Act (Act No. 130 of 1948); the same applies in sub-subitems 1. and 2., and Article 20, paragraph (2)); the same applies hereinafter), a foreign national is accepted by a not-for-profit corporation in Japan and attends the necessary course of lectures under the status of residence for employment for skill development in the table of the Appended Table I (2) of the Immigration Control Act, and engages in any of the duties stated in sub-subitem 1. or 2. below under an employment contract with a staffing provider in Japan, etc. (meaning the staffing provider provided for in Article 2, item (iv) of the Worker Dispatching Act or the mariner staffing provider under Article 6, paragraph (16) of the Mariners' Employment Security Act; the same applies hereinafter) that receive supervision and support from that corporation.

duties requiring skills belonging to the relevant employment-for-skill-development industrial fields through worker dispatch, etc. performed at the place of business in Japan of that staffing provider in Japan, etc., and duties requiring skills belonging to the relevant employment-for-skill-development industrial fields through worker dispatch, etc. performed at the place of business in Japan of one or more clients in Japan (meaning the client provided for in Article 2, item (iv) of the Worker Dispatching Act or the client provided for in Article 6, paragraph (17) of the Mariners' Employment Security Act; the same applies hereinafter) that, through worker dispatch, etc., receive supervision and support from that corporation;

duties requiring skills belonging to the relevant employment-for-skill-development industrial fields through worker dispatch, etc. performed at the places of business in Japan of multiple clients in Japan that, through worker dispatch, etc., receive supervision and support from that corporation (excluding the duties stated in sub-subitem 1.).

The term "skill development employee" means individual-enterprise-type skill development employees and supervising-organization-type skill development employees.

The term "individual-enterprise-type skill development employee" means the foreign national who is the subject of the individual-enterprise-type employment for skill development.

The term "supervising-organization-type skill development employee" means the foreign national who is the subject of the supervising-organization-type employment for skill development.

The term "implementing organization for employment for skill development" means organizations implementing individual-enterprise-type employment for skill development and organizations implementing supervising-organization-type employment for skill development.

The term "organization implementing individual-enterprise-type employment for skill development" means an organization which provides individual-enterprise-type employment for skill development based on the accredited employment-for-skill-development plan provided for in Article 11, paragraph (1).

The term "organization implementing supervising-organization-type employment for skill development" means an organization which provides supervising-organization-type employment for skill development based on the accredited employment-for-skill-development plan provided for in Article 11, paragraph (1).

The term "supervision and support" means conducting the acts stated in subitems (a) and (b) below (or, if a public or private organization in Japan employs a foreign national who is an employee of a place of business located outside of Japan which belongs to a public or private organization in a foreign country that has a close trade relationship (provided for in order of the competent ministries referred to in item (iii), subitem (a)) with that organization in Japan, the act stated in subitem (b)).

make arrangements to establish an employment relationship between an organization implementing supervising-organization-type employment for skill development, etc. (meaning organizations providing supervising-organization-type employment for skill development or persons seeking to provide supervising-organization-type employment for skill development; the same applies hereinafter) (excluding those, as a client in Japan, providing or seeking to provide the supervising-organization-type employment for skill development referred to in item (iii), subitem (b)) and a supervising-organization-type skill development employees, etc. (meaning supervising-organization-type skill development employees or foreign nationals seeking to become the subject of supervising-organization-type employment for skill development; hereinafter the same); and

conduct supervision of organizations implementing supervising-organization-type employment for skill development over the implementation of supervising-organization-type employment for skill development.

The term "supervising and support organization" means not-for-profit corporations in Japan that engage in the business to conduct supervision and support with the license under Article 23, paragraph (1).