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

A individual or corporation in Japan that seeks to newly provide employment for skill development for the skill development employee who has made the request under Article 8-2, paragraph (1) may, as provided for in order of the competent ministries, prepare a new employment-for-skill-development plan for that skill development employee, 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. In this case, the provision of Article 8, paragraph (2) applies mutatis mutandis.

In the preceding paragraph, the employment-for-skill-development plan must include the particulars stated below:

the name and address of a person who submits an application for accreditation under the preceding paragraph, and in the case of a corporation, the name of its representative;

the particulars stated in the items (excluding item (i)) of Article 8, paragraph (3);

the name of the implementing organization for employment for skill development that has provided employment for skill development for that skill development employee (or, if that skill development employees has multiple implementing organizations for employment for skill development because the employee was previously the subject of the employment for skill development under the employment-for-skill-development plans accredited under the preceding paragraph or paragraph (1) of the following Article, the employee's latest implementing organization for employment for skill development);

the period during which the implementing organization for employment for skill development set forth in the preceding item has provided employment for skill development for that skill development employee;

A total of the periods during which that skill development employee has been the subject of employment for skill development (limited to the one in which the skills required for the duties to engage the employee and the employment-for-skill-development industrial fields related to those skills are the same as those specified in the previous accredited employment-for-skill-development plan (meaning the accredited employment-for-skill-development plan provided for in Article 11, paragraph (1); the same applies in paragraph (2), item (iv) of the following Article, Article 9-2, item (iii), and Article 9-3)).

The provisions of Article 8, paragraphs (4) through (6) apply mutatis mutandis to the application for accreditation under paragraph (1). In this case, the phrase "the items of Article 9, paragraph (1) (or, in the case of paragraph (2) of this Article, the items of Article 9, paragraph (2))" in paragraph (4) of the same Article is deemed to be replaced with "the items of Article 9-2."

A individual or corporation in Japan that seeks to newly provide employment for skill development for the skill development employee who is no longer the subject of employment for skill development because the accreditation of employment for skill development referred to in Article 11, paragraph (1) was revoked pursuant to the provision of Article 16, paragraph (1) or the employee no longer has the employment-for-skill-development status of residence in the table of the Appended Table I (2) of the Immigration Control Act may prepare a new employment-for-skill-development plan for that foreign national, 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, as provided for in order of the competent ministries. In this case, the provision of Article 8, paragraph (2) applies mutatis mutandis.

In the preceding paragraph, the employment-for-skill-development plan must include the particulars stated below:

the name and address of a person who submits an application for accreditation under the preceding paragraph, and in the case of a corporation, the name of its representative;

the particulars stated in the items (excluding item (i)) of Article 8, paragraph (3);

the name of the implementing organization for employment for skill development that has provided employment for skill development for that foreign national (or, if that foreign national has multiple implementing organizations because that foreign national was previously the subject of the employment for skill development under the employment-for-skill-development plans accredited under paragraph (1) of the preceding Article or the preceding paragraph, that foreign national's latest implementing organization for employment for skill development);

a total of the periods during which that foreign national has been the subject of employment for skill development (limited to the one in which the skills required for the duties to engage that foreign national and the employment-for-skill-development industrial fields related to those skills are the same as those specified in the previous accredited employment-for-skill-development plan); and

the particulars stated below:

whether that foreign national has actually departed from Japan (or, if the foreign national was permitted to reenter Japan pursuant to the provisions of Article 26, paragraph (1) of the Immigration Control Act (including the case where the foreign national is deemed to have been granted the permission under Article 26-2, paragraph (1) or Article 26-3, paragraph (1)), limited to the actual departure in the case where the permission ceased to be effective while the foreign national was outside of Japan as a result of the departure);

a total of the periods during which that foreign national was the subject of employment for skill development before the departure; and

whether that foreign national has actually become the subject of employment for skill development after the departure.

The provisions of Article 8, paragraphs (4) through (6) apply mutatis mutandis to the application for accreditation under paragraph (1). In this case, the phrase "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 9, paragraph (2))" in paragraph (4) of the same Article is deemed to be replaced with "the particulars stated in the items of Article 9-3 (or, in the case of the proviso of the same Article, the particulars stated in the items (i) and (ii) of the same Article and the circumstances provided for in the proviso of the same Article)."

IfWhen an application for accreditation as provided for in Article 8, paragraph (1) of has been made (excluding the preceding Article has been made, case in which the employment-for-skill-development plan to be accredited under the same paragraph is intended for supervising-organization-type employment for skill development through worker dispatch, etc.), and the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find that it conforms to all of the following items, they are to accredit the technical intern trainingemployment-for-skill-development plan:

the skills, etc. to be acquired are ones that would be difficultfields of skills required for the duties to do so inbe conducted are the technical intern trainee's home countryemployment-for-skill-development industrial fields;

the goals and content of the technical intern training duties to be conducted, skills required for those duties, Japanese language proficiency, or other particulars specified as employment-for-skill-development goals and contents conform to the criteria provided for byin order of the competent ministries in accordance withopposite to the category of technical intern trainingemployment for skill development;

the period of the technical intern trainingemployment for skill development is a maximum of one year in cases of individual-enterprise-type technical intern training (i) or supervising-organization-type technical intern training (i); or a maximum of twothree years in cases of individual-enterprise-type technical intern training (ii), individual-enterprise-type technical intern training (iii), supervising organization-type technical intern training (ii), or supervising-organization-type technical intern training (iii);

the goalsevaluation of passing the trade skills test or technical intern training evaluation examination as prescribed inacquired by the technical intern training plan for individual-enterprise-type technical intern training (i) or supervising-organization-type technical intern training (i) forskill development employee and the skills, etc. in each respective technical intern training plan have been achieved in cases of individual-enterprise-type technical intern training (ii) or supervising-organization-type technical intern training (ii); or the goalsJapanese language proficiency of passing the trade skills test or technical intern training evaluation examination as prescribedskill development employee are to be conducted at the time and in the technical intern training plan for individual-enterprise-type technical intern training (ii) or supervising-organization-type technical intern training (ii)manner provided for the skills, etc. in each respective technical intern training plan have been achieved in casesorder of the competent ministries before the completion of individual-enterprise-type technical intern training (iii) or supervising-organization-type technical intern training (iii)the employment for skill development;

the evaluation of the skills, etc. which the technical intern trainee has acquired is conducted through a trade skills test, technical intern training evaluation examination, or any other evaluation assystem for providing employment for skill development and the equipment of the places of business where it is to be provided conform to the criteria provided for byin order of the competent ministries before the completion of the technical intern training;

the structure based on which the technical intern training is to be conducted and the equipment of thea person responsible for implementation of the employment for skill development has been appointed at each place of business where it will be conducted conforms the employment for skill development is to the criteria be provided, as provided for byin order of the competent ministries;

a person responsible in the case of individual-enterprise-type employment for implementation ofskill development, the technical intern training has been appointed to each place of business where the technical intern training is to be conducted, as system for conducting audit into the organization implementing individual-enterprise-type employment for skill development with regard to implementation of individual-enterprise-type employment for skill development conforms to the criteria provided for byin order of the competent ministries;

ifin the technical intern training plan iscase of supervising-organization-type employment for supervising-organization-type technical intern trainingskill development, the applicant is subject toreceives supervision by a supervising organization (limited to those which have obtained a license to supervise (limited toand support from the license for general supervising business as prescribed in Article 23, paragraph (1), item (i)), if the technical intern training plan is for supervising-organization-type technical intern training (iii)),and support organization from which it the applicant received guidance on preparation of the technical intern trainingemployment-for-skill-development plan;

the amount of remuneration paid to a technical intern traineeskill development employee is equivalent to or greater than the amount of remuneration paid to a Japanese national for similar workthe duties, and other terms of treatment of the technical intern trainees conformsskill development employees conform to the criteria provided for byin order of the competent ministries.;

if the technical intern training plan isapplicant provides employment for individual-enterprise-type technical intern training (iii) or supervising-organization-type technical intern training (iii),skill development to multiple skill development employees at a time during the applicant conforms toemployment-for-skill-development period, the criteria provided for by ordernumber of the competent ministries for having a high standard of capabilities to ensure the acquisitionthose employees does not exceed that provided for in order of the skills, etc.competent ministries; and

if the applicant plan relates to a foreign national intermediated by a foreign sending organization (meaning a person that satisfies the requirements as provided for in order of the competent ministries as a person who is allowed to conduct technical intern trainingappropriately intermediate job applications for multiple technical intern trainees at supervising-organization-type employment for skill development from foreign nationals who seek to become the same time during subject of supervising-organization-type employment for skill development to a supervising and support organization; hereinafter the technical intern training period, same applies in this item, Article 23, paragraph (2), item (v), and Article 25, paragraph (1), item (vi)), the number of trainees does not exceed amount paid to the sending organization by that foreign national conforms to the numbercriteria provided for byin order of the competent ministries as appropriate from the viewpoint of protecting skill development employees.

When an application for accreditation as provided for in Article 8, paragraph (1) has been made (limited to the case in which the employment-for-skill-development plan to be accredited under the same paragraph is intended for supervising-organization-type employment for skill development through worker dispatch, etc.), and the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find that it conforms to all of the following items, they are to accredit the employment-for-skill- development plan:

the plan falls under all of items (ii) through (iv), item (vi), item (viii), item (ix) and item (xi) of the preceding paragraph;

the fields of skills required for the duties to be conducted are the employment-for-skill-development industrial fields through worker dispatch, etc.;

any places of business which employ the foreign national undertake to engage the foreign national in the duties requiring the skills in the same employment-for-skill-development industrial fields through worker dispatch, etc., and other details of employment for skill development conform to the criteria provided for in order of the competent ministries as those that will not hinder the employment for skill development jointly provided by a staffing provider in Japan, etc., and a client in Japan from the viewpoint of the proper implementation of employment for skill development and the protection of skill development employees;

the system for providing employment for skill development and the equipment of the places of business where it will be provided conform to the criteria provided for in order of the competent ministries at each of a staffing provider in Japan, etc., and a client in Japan;

a person responsible for implementation of the employment for skill development has been appointed at each place of business that conducts the duties relating to employment for skill development of a staffing provider in Japan, etc. (excluding the place of business providing employment for skill development), as provided for in order of the competent ministries; and

if the applicant provides employment for skill development to multiple skill development employees at a time during the employment-for-skill development period, the number of those employees does not exceed the number provided for in order of the competent ministries in light of the total number of employees of a staffing provider in Japan, etc., providing employment for skill development and the total number of employees of a client in Japan.

When an application for accreditation as provided for in in Article 8-5, paragraph (1) has been made, and the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find that the applied employment-for-skill-development plan conforms to all of the following items, they are to accredit that plan:

the plan conforms to all of the items (excluding items (iii) and (xi)) of paragraph (1) of the preceding Article (or, in the case of Article 8, paragraph (2) as applied mutatis mutandis pursuant to Article 8-5, paragraph (1), the items (or, in the case of item (i), excluding the parts relating to paragraph (1), items (iii) and (xi) of the same Article) of paragraph (2) of the preceding Article);

the aggregate employment-for-skill-development period is a maximum of three years (or, when the employment-for-skill-development period is extended pursuant to the provision of Article 11, paragraph (1), a maximum of four years), including the period set forth in Article 8-5, paragraph (2), item (v);

the skills required for the duties to be conducted and the employment-for-skill-development industrial fields related to those skills are the same as those specified in the previous accredited employment-for-skill-development plan.

the plan conforms to all of the following (a) to (c) provided, however, that this does not apply when it is found that there is an unavoidable circumstance as provided for in order of the competent ministries for newly providing employment for skill development for the skill development employees relevant to the application.

the period set forth in Article 8-5, paragraph (2), item (iv) exceeds the period provided for in order of the competent ministries by one year or more but two years or less, in consideration of the nature of duties conducted by the skill development employee;

the skills acquired by the skill development employee, and the Japanese language proficiency and other development levels of the skill development employee conform to the criteria provided for in order of the competent ministries; and

a person who seeks to provide employment for skill development conforms to the criteria provided for in order of the competent ministries in connection with results of implementation of employment for skill development, financial capacity of employment-for-skill-development costs and expenses, and other particulars necessary for the proper implementation of employment for skill development.