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

A Japanese individual or corporation in Japan (or, if multiple corporations have a relationship with each other in which one of them is theJapan having a relationship of a parent company (meaning the parent company as prescribeddefined in Article 2, item (iv) of the Companies Act (Act No. 86 of 2005)) and; the same applies in paragraph (4) of the others are following Article) and its subsidiary (meaning the subsidiary as prescribeddefined in Article 2, item (iii) of the same ArticleAct; the same applies in the same paragraph) or any other close relationship provided for byin order of the competent ministry with each other, and they jointly conduct technical intern training, that corporation means these multiple corporations) which intendsministries seek to jointly provide employment for skill development, these multiple corporations; the same applies in Article 8-5, paragraph (1) and Article 8-6, paragraph (1)) seeking to conduct technical intern training provide employment for skill development may, as provided for byin order of the competent ministryministries, prepare a plan relating to the implementation of technical intern training employment for skill development (hereinafter referred to as a "technical intern trainingan "employment-for-skill-development plan") for each technical intern trainee foreign national seeking to become the subject of employment for skill development (excluding the skill development employees and have it accredited the foreign nationals who are no longer the subject of employment for skill development as an appropriate technical intern training plan by submitting provided for in the same paragraph; the same applies in the following paragraph), submit it to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare, and receive accreditation to the effect that the plan is appropriate.

Technical intern training plans In the case of the preceding paragraph, if the employment-for-skill-development plan that the individual or corporation seeks to receive accreditation under the same paragraph is intended to provide the supervising-organization-type employment for skill development referred to in Article 2, item (iii), subitem (b) (hereinafter referred to as "supervising-organization-type employment for skill development through worker dispatch, etc."), a staffing provider in Japan, etc., and one or more clients in Japan must include jointly prepare an employment-for-skill-development plan for each foreign national who seeks to become the following:subject of employment for skill development, submit it to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare, and receive accreditation under the preceding paragraph.

Documents certifying each of the matters listed in the items of the following Article and other documents as provided for by order of the competent ministryThe employment-for-skill-development plans must be attached toinclude the technical intern training plan.particulars stated below:

the name and address of a person who submits an application for accreditation referred to in paragraph (1) (hereinafter referred to as "applicant" in this Article and Article 9), and in the case of a corporation, the name of its representative;

in the case of a corporation, the names and addresses of its officers;

the name and address of the place of business where the employment for skill development is to be provided;

the name and nationality of a foreign national who seeks to become the subject of employment for skill development;

the category of employment for skill development (meaning the category of individual-enterprise-type employment for skill development or supervising-organization-type employment for skill development; the same applies in Article 9, paragraph (1), item (ii));

the duties conducted by the foreign national, and skills required for those operations, Japanese language proficiency and other goals of employment for skill development (meaning passing the trade skills tests referred to in Article 44, paragraph (1) of the Vocational Abilities Development Promotion Act (Act No. 64 of 1969) or the tests designated by order of the competent ministries (referred to as "employment-for-skill-development evaluation tests" in Article 52) and other goals; the same applies in Article 9, paragraph (1), item (ii)) and their detailed content, as well as the commencement and termination dates of employment for skill development;

the name of a person responsible for the implementation of employment for skill development at each place of business where it provides the employment for skill development (including, in the case of the preceding paragraph, the place of business where staffing providers in Japan, etc., conduct the operations relating to employment for skill development);

in the case of individual-enterprise-type employment for skill development, the name of persons who conduct audit into the organization implementing individual-enterprise-type employment for skill development with regard to implementation of individual-enterprise-type employment for skill development;

in the case of supervising-organization-type employment for skill development, the name and address of the supervising and support organization which provides supervision and support, and the name of its representative;

the remuneration, working hours, days off, leave, accommodation facilities, and meal expenses and living expenses to be paid by skill development employees, as well as other terms of treatment of skill development employees; and

other particulars as provided for in order of the competent ministries.

An applicant who intends to conduct supervising-organization-type technical intern training must develop a technical intern training plan based on guidance from a supervising organization (limited to supervising organizations with a license to supervise (limited to the license for general supervisining business as prescribed inDocuments certifying the particulars stated in the items of Article 9, paragraph (1) (or, in the case of paragraph (2) of this Article, the items of Article 239, paragraph (1), item (i)), if the technical intern training plan is2)) and other documents provided for supervising-organization-type technical intern training (iii)) from which it isin order of the competent ministries must be attached to receive the supervisionemployment-for-skill-development plan.

The applicant must pay a fee in persons stated in each of the following items must take the amount specified by order of the competent ministries based on consideration measures set forth in each item in order to make the content of actual coststhe employment-for-skill-development plan more appropriate.

An applicant seeking to provide supervising-organization-type employment for skill development is to prepare an employment-for-skill-development plan based on the guidance of the supervising and support organization from which it receives supervision and support.

A supervising and support organization is to provide information, advice, instructions, and other necessary guidance relating to the preparation of the employment-for-skill-development plan.

The applicant must, as provided for in order of the competent ministries, pay the fee in the amount provided for in order of the competent ministries in consideration of actual costs.

When a skill development employee requests a change of the implementing organization for employment for skill development, the employee may make a written request for change of the implementing organization for employment for skill development to either of the persons set forth opposite to the category of the skill development employees stated in the following items, as provided for in order of the competent ministries.

individual-enterprise-type skill development employee: organization implementing individual-enterprise-type employment for skill development that provides individual-enterprise-type employment for skill development for the individual-enterprise-type skill development employee, or the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare.

supervising-organization-type skill development employee: organization implementing supervising-organization-type employment for skill development that provides supervising-organization-type employment for skill development for the supervising-organization-type skill development employee, or the supervising and support organization from which the organization implementing supervising-organization-type employment for skill development receives supervision and support, or the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare.

When the organization implementing individual-enterprise-type employment for skill development receives a request under the preceding paragraph, it must, as provided for in order of the competent ministries, notify the name of the individual-enterprise-type skill development employee who has made the request, and other particulars provided for in order of the competent ministries to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare, without delay.

When the organization implementing supervising-organization-type employment for skill development receives a request under paragraph (1), it must, as provided for in order of the competent ministries, give notice of the name of the supervising-organization-type skill development employee who has made the request, and other particulars provided for in order of the competent ministries to the supervising and support organization from which it receives supervision and support, without delay.

If the employment for skill development provided by the implementing organization for employment for skill development that has received a request under the provision of paragraph (1) is the employment for skill development jointly provided by multiple corporations in Japan having a relationship of a parent company and its subsidiary or other close relationship as provided for in order of the competent ministries in paragraph (1) of the preceding Article (hereinafter referred to as "employment for skill development at a corporation with a close relationship"), the implementing organization for employment for skill development must, as provided for in order of the competent ministries, give notice of the name of the skill development employee who has made the request, and other particulars provided for in order of the competent ministries to other implementing organizations for employment for skill development that jointly provide the employment for skill development.

If the supervising-organization-type employment for skill development provided by the organization implementing supervising-organization-type employment for skill development that has received a request under paragraph (1) is the supervising-organization-type employment for skill development through worker dispatch, etc., the organization implementing supervising-organization-type employment for skill development must, as provided for in order of the competent ministries, give notice of the name of the supervising-organization-type skill development employee who has made the request, and other particulars provided for in order of the competent ministries to other organizations implementing supervising-organization-type employment for skill developments that jointly provide the supervising-organization-type employment for skill development. In this case, if the organization implementing supervising-organization-type employment for skill development that has received the request is a client in Japan, the notice under paragraph (3) must be given by the staffing provider in Japan, etc., that has received the notice under the first sentence of this paragraph.

When the supervising and support organization receives a request under paragraph (1), it must, as provided for in order of the competent ministries, give notice of the name of the supervising-organization-type skill development employee who has made the request and other particulars provided for in order of the competent ministries to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare without delay, as well as to the organization implementing supervising-organization-type employment for skill development that provides employment for skill development for the supervising-organization-type skill development employee.

When the supervising and support organization receives a notice under paragraph (3), it must, as provided for in order of the competent ministries, notify the name of the supervising-organization-type skill development employee who has made the request under paragraph (1) and other particulars provided for in order of the competent ministries to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare without delay.

The Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare may entrust the administrative affairs relating to acceptance of the request under paragraph (1) of the preceding Article and acceptance of the notification under paragraphs (2), (6) and (7) of the preceding Article to the Employment-for-Skill-Development Organization (hereinafter referred to as the "ESDO" in this Chapter).

When the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare entrust the administrative affairs relating to acceptance of the request or notification to the ESDO, a person who seeks to make a request under paragraph (1) of the preceding Article or submit a notification under either of paragraphs (2), (6) and (7) of the same Article must, notwithstanding these provisions, make the request or submit the notification under these provisions to the ESDO.

If the ESDO has accepted the request or notification under the preceding paragraph, it must report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare to that effect.

If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare seek to entrust the administrative affairs relating to acceptance of the request or notification under paragraph (1)to the ESDO, or are to cease entrusting the administrative affairs relating to the acceptance of request or notification to the ESDO, they must issue public notice to that effect.

When the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have accepted the request under Article 8-2, paragraph (1), they are to give notice to that effect to the persons specified in the following items opposite to the category stated in each of these items, as provided for in order of the competent ministries.

When they have accepted the request from an individual-enterprise-type skill development employee: the organization implementing individual-enterprise-type employment for skill development that provides individual-enterprise-type employment for skill development for the individual-enterprise-type skill development employee.

When they have accepted the request from a supervising-organization-type skill development employee: the organization implementing supervising-organization-type employment for skill development that provides supervising-organization-type employment for skill development for the supervising-organization-type skill development employee and the supervising and support organization from which the organization implementing supervising-organization-type employment for skill development receives supervision and support.

When the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have accepted the request under Article 8-2, paragraph (1) or the notification under either of paragraphs (2), (6) and (7) of the same Article, they are to give the ESDO notice to that effect, as provided for in order of the competent ministries provided, however, that this does not apply when they have entrusted the administrative affairs relating to acceptance of the request and notification to the ESDO pursuant to the provision of paragraph (1) of the preceding Article.

When the ESDO receives the notice under the preceding paragraph, it must respond to a request for consultation from the skill development employee and provide the employee with necessary information, advice, employment placement, or other assistance to enable the employee who has made the request or submitted the notification to continue the employment for skill development by becoming the subject of employment for skill development with another implementing organization for employment for skill development or otherwise.

When the ESDO handles the administrative affairs relating to acceptance of the request under Article 8-2, paragraph (1) and the notification under paragraphs (2), (6) and (7) of the same Article, for the purpose of application of the provisions of paragraph (1) and the preceding paragraph, the phrase "the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare" in paragraph (1) is to be replaced with "the ESDO," and "When the ESDO receives the notice under the preceding paragraph" is to be replaced with "When the ESDO accepts the request under Article 8-2, paragraph (1) or the notification under either of paragraphs (2), (6) or (7) of the same Article."

When the supervising and support organization receives the request under Article 8-2, paragraph (1) or the notice under paragraph (3) of the same Article or paragraph (1) of this Article (including as applied mutatis mutandis pursuant to the provision of the preceding paragraph following the deemed replacement of terms), it must make communication and coordination with another implementing organization, supervising and support organization, or other relevant persons, provide employment placement, or take other necessary measures to enable the supervising-organization-type skill development employee who has made the request or submitted the notice to continue the employment for skill development by becoming the subject of employment for skill development with another implementing organization for employment for skill development or otherwise.