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

The Notwithstanding the provisions of Article 30, paragraph (1) and Article 33, paragraph (1) of the Employment Security Act (Act No. 141 of 1947), the supervising and support organization may offer engage in the business of conducting the employment placement services for technical intern training employment for skill development (meaning making arrangementsengaging in the coursebusiness of its trade, to establish an employment relationship for technical intern training between a job recruiter and a job seeker, upon application from that job recruiter or seeker, only if the job recruiter is an organization implementing supervising-organization-type technical intern trainingaccepting applications for recruitment and job seeking by exclusively designating organizations implementing supervising-organization-type employment for skill development, etc. for which it conducts supervision and support (excluding those who provide or seek to provide supervising-organization-type employment for skill development through worker dispatch, etc. under supervision by the relevant supervising organization, as clients in Japan) as recruiters, and the job seeker is aexclusively designating supervising-organization-type technical intern traineeskill development employees, etc. in relation to supervision by the relevant supervising organization; the same applies hereinafter), notwithstanding , for whom it conducts supervision and support as job seekers, and arrange the provisionsestablishment of Article 30, paragraph (1) and Article 33, paragraph (1) of the Employment Security Act (Act No. 141 of 1947an employment relationship related to employment for skill development between recruiters and job seekers; hereinafter the same applies in this Article).

With regard to the employmentemployment-for-skill-development placement services for technical intern training offeredconducted by a supervising and support organization, the supervising and support organization is deemed to be the employment placement service provider provided for in Article 4, paragraph (10) of the Employment Security Act, the fee-charging provider of paid employment placement service providerservices provided for in Article 32-3, paragraph (1) of the same Act, a person that has or the person who obtained the license under Article 33, paragraph (1) of the same Act, or the employment service organizationplacement agency provided for in Article 2 of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives (Act No. 132 of 1966), and the following provisions ofapply: Article 5-2,; Article 5-3,; Article 5-4, paragraphparagraphs (1) and paragraph (3),; Articles 5-65-5 through 5-8, Article; Articles 32-12 and Article 32-13 (including as applied mutatis mutandis pursuant to Article 33, paragraph (4) of; hereinafter the Employment Security Act), Articlessame applies in this paragraph); Article 33-5 through 34,, and Article 33-6; Article 20 as applied mutatis mutandis pursuant to Article 34; Article 48, and; Article 48-3, paragraphparagraphs (2) and (3); and Article 51, paragraph (32) of the Employment Security Act,; and the provisions of Chapter III of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives apply. In this case, the term "Orderorder of the Ministry of Health, Labour and Welfare" in the provisions of Article 5-3, paragraphparagraphs (3) and paragraph (4),; Article 5-4, paragraphparagraphs (1) and paragraph (3), ; Article 5-5, paragraph (1); Article 5-6, paragraph (1), item (iii),; Article 32-13 (including as applied mutatis mutandis pursuant to; Article 33-6, and Article 3351, paragraph (4) of the Employment Security Act), and Article 33-6 2) of the Employment Security Act is to be replaced with "order of the competent ministry", andministries"; the term "Minister of Health, Labour and Welfare" in paid employment placement services" in Article 32-12, paragraph (1) of the same Act is to be replaced with the provisions of "employment-for-skill-development placement services (provided for in Article 32-1227, paragraph (1) of the Act on Proper Implementation of Employment for Skill Development and paragraph (3) (including as applied mutatis mutandis pursuant to Article 33, Protection of Skill Development Employees (Act No. 89 of 2016); hereinafter the same applies)"; the term "the Minister of Health, Labour and Welfare" in the same paragraph (4, paragraph (3) of the same Act), Article ; Articles 33-6, Article and 48, and Article 48-3, paragraphparagraphs (2) and paragraph (3) of the same Act, and Article 11 and Article 12, paragraph (1) of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives is to be replaced with "the competent ministers".; the term "paid employment placement services" in Article 32-12, paragraphs (2) and (3) of the Employment Security Act is to be replaced with "employment-for-skill-development placement services"; the phrase "Articles 3, 5-3 through 5-5, 33-5, 42, 43-8, and 45-2" in Article 48 of the same Act is to be replaced with "Articles 5-3 through 5-5, and 33-5"; the phrase "..., job posters, persons recruiting workers, commissioned recruiters, persons offering the service of providing recruitment/candidate information, providers of worker supply services, and persons intending to receive worker supply" in the same Article of the same Act is to be replaced with "and job posters"; the phrase "a job poster or person intending to receive worker supply" in Article 48-3, paragraph (2) of the same Act is to be replaced with "a job poster"; "... has issued an order under the provisions of paragraph (1) or a recommendation under the provisions of the preceding paragraph to a person recruiting workers" in paragraph (3) of the same Article of the same Act is replaced with "a recommendation under the provisions of the preceding paragraph"; and "the order or recommendation" in paragraph (3) of the same Article of the same Act is replaced with "the recommendation."

The provisions of Article 188-3 apply mutatis mutandis to the administrative affairs relating to acceptance of the notification under Article 32-12, paragraph (1) of the Employment Security Act (including as applied mutatis mutandis pursuant to Article 33, paragraph (4) of the same Act) as applied pursuant to the preceding paragraph following the deemed replacement of terms.

Beyond what is provided forstated in the preceding three paragraphs, the-any other necessary mattersparticulars relating to the employmentemployment-for-skill-development placement services of technical intern training are provided for by Orderin order of the competent ministryministries.

Supervising and support organizations must not receive any fees or remuneration for their supervising supervision and support business, under any name, from an organizationorganizations implementing supervising-organization-type technical intern trainingemployment for skill development, etc., a supervising-organization-type technical intern traineeskill development employees, etc., or any other relevant personpersons.

Notwithstanding the provisions of the preceding paragraph, supervising and support organizations may collect fees for supervision costs and support of an appropriate type and amount as provided for byin order of the competent ministryministries based on the general expenses and other costs ordinarily considered necessary for the supervision, after indicating the uses and amounts of those costs clearly to the organization implementing supervising-organization-type technical intern training, etc. in advance and support business from organizations implementing supervising-organization-type employment for skill development, etc., after clearly indicating the uses and amounts of those fees.

If the competent ministers have granted a license as provided for in Article 23,paragraph (1), , they must issue the license certificates corresponding to the number of places of business where the supervisingsupervision and support business is to be conducted.

A person that has been granted athe license must keep the license certificate at each place of business where the supervisingsupervision and support business is conducted, and must present it upon the request of a relevant person.

The license to supervise may be subject to conditions, and those conditions may be subject to change.

The conditions as provided for in the preceding paragraph are to be limited to the minimum degree necessary in light of the purpose of the license to supervise or necessary to ensure the reliable implementation of mattersparticulars relating to the license to supervise, and must not impose undue obligations on the person that is to receive the license to supervise.

The period of validity period of the license as provided for in Article 23, paragraph (1) ((or a renewed period of validity period, if the period of validity period of the license has been renewed pursuant to the provisions of the following paragraph; hereinafter the same applies in this Article) must be a period of not less than three years from the date of the granting of that license (or from the day after the date of the expiration of the period prior to renewal, if the period of validity period of the license has been renewed pursuant to the provisions of the following paragraph; hereinafter the same applies in this paragraph) as specified by Cabinet Order based on consideration provided, however, that if an application for license (including an application for renewal of the capabilities validity period of the license under the provision of the following paragraph) is made, and track record relating the competent ministers find that the person who has made the application conforms to conducting the criteria provided for in order of the supervising businesscompetent ministries in connection with the audit of the status of implementation of the supervising-organization-type employment for skill development and other duties, the validity period of the license is to be a period of not less than five years from the date of the granting of that license as specified by Cabinet Order.

A person that seeks to continue conducting the supervising business under the license (or under the amended license, if permission has been granted for a changesupervision and support business under paragraph (1) of the following Article or a change has been made to the license of specified supervising business pursuant to the provisions of Article 37, paragraph (2)) after the expiration of the period of validity of that license as prescribed in the preceding paragraph (hereinafter referred to as "period of validity of the license" in this Article) must obtain a renewal of the period of validity period of that license.

If an application for renewal of the period of validity period of the license has been made and the competent ministers find that the person who has made the application does not conform to one of the items of paragraph (1) of Article 25, the competent ministers must not renew the period of validity period of the license.

If a supervising organization intends to changechange has been made in the category particulars (excluding those provided for in order of business under its license to supervise, it the competent ministries) stated in the items of Article 23, paragraph (2), the supervising and support organization must obtain an approval notify the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare to do so from that effect within one month of the competent ministerdate of the change. In thatthis case, if the supervising organization particulars subject to the relevant change relate to the establishment of a new place of business where the supervision and support business is to be conducted, the business plan and other documents provided for in order of the competent ministries for the new place of business must have its license certificate amendedbe attached to that notification.

The provisions of Article 23, paragraphs (2) through (5) and paragraph (7), Article 24, Article 25, Article 26 (excluding item (ii), item (iii), and item (v), (c) and (d)),and Article 29 4) apply mutatis mutandis to the licensebusiness plan provided for in the preceding paragraph.

If a change has been made in the matters (excluding those specified by order of the competent ministry) listed in the items of Article 23,ministers have accepted a notification under paragraph (2) (excluding item (iv)), the supervising organization must notify the Commissioner 1) of the Immigration Services Agency and the Minister of Health, Labour and Welfare to that effect within one month of the date of the change. In such a case, if the matters subject to the relevant change relate related to the establishment of a new place of business where the supervising supervision and support business is to be conducted, the business plan and other documents provided for by order ofthey must issue the license certificates corresponding to the competent ministry for the new placenumber of newly established places of business must be attached to that notification.

The provisions of Article 23, If a supervising and support organization makes the notification under paragraph (4) apply mutatis mutandis 1) and the particulars related to the business plan provided for innotification are described on the preceding paragraphlicense certificate, it must have its license certificate updated.

If the competent ministers have received a notification under paragraph (3) ofThe provisions of Article 8-3 apply mutatis mutandis to the change related to the establishmentadministrative affairs relating to acceptance of a new place of business wherethe notification under paragraph (1), and the supervising business is to be conducted, they must issue a license certificate correspondingprovisions of Article 29, paragraphs (4) and (5) apply mutatis mutandis to the number of newly established placesadministrative affairs relating to issuance of businessthe license certificate under paragraph (3).

If the supervising organization has received and support organization receives a notice under Article 19, paragraph (2) or itotherwise finds that it is difficult for an organization implementing supervising-organization-type technical intern training under its employment for skill development for which it conducts supervision and support to conductprovide the supervising-organization-type technical intern trainingemployment for skill development, the supervising and support organization must, without delay, notify the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare of the mattersparticulars relating to that notice and other mattersparticulars as provided for by Orderin order of the competent ministryministries.

The provisions of Article 188-3 apply mutatis mutandis to the administrative affairs relating to the receiptacceptance of the notification under the preceding paragraph.