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

The OTITESDO has a board of councilors in order to ensure smooth management of the operations specified in Article 87 (excluding the operations set forthstated in paragraph (1), item (i) of the same Article and other operations incidental thereto; their ancillary operations; hereinafter the same applies hereinafter in this Article).

The councilors are appointed by the president, with the authorization of the competent ministers, from among persons representing the workers, persons representing the employers, and persons with specialized knowledge and experience relating to technical intern trainingemployment for skill development.

the following operations stated below to be conducted in relation to the technical intern trainingemployment for skill development:

perform the administrative affairs for accreditation accept requests, notifications, reports, audit reports or business reports and retain those reports, audit reports or business reports pursuant to the provisions of Article 128-3, paragraph (1) (including as applied mutatis mutandis pursuant to the provisions of Article 17, paragraph (2); Article 19, paragraph (5); Article 21, paragraph (2); Article 27, paragraph (3); Article 32, paragraph (5); Article 33, paragraph (2); Article 34, paragraph (2); and Article 42, paragraph (3));

request reports or submission or presentationgive notice pursuant to the provision of books and documents paragraph (1) of Article 8-4 as applied pursuant to the provisionsprovision of paragraph (4) of the same Article 14, following the deemed replacement of terms, and provide necessary information, advice, employment placement, and other assistance in response to consultations from skill development employees pursuant to the provision of paragraph (1), or have its employee ask a question or conduct an inspection3) of the same Article (including as applied pursuant to the provision of paragraph (4) of the same Article following the deemed replacement of terms);

accept notifications, reports, audit reports or business reports pursuant toperform the provisions of Article 18, paragraph (1) (including as applied mutatis mutandisadministrative affairs for accreditation pursuant to the provisions of Article 19, paragraph (3), Article 21, paragraph (2), Article 27, paragraph (3), Article 32, paragraph (7), Article 33, paragraph (2), Article 34, paragraph (2), and Article 4212, paragraph (3)1);

conduct investigations into the facts request reports or submission or presentation of books and documents pursuant to the provisions of Article 2414, paragraph (1) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraph (2)), or have its employee ask a question or conduct an inspection;

accept written applications conduct investigations into the facts pursuant to the provisions of Article 24, paragraph (31) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraph (2)); and);

perform the administrative affairs for issuing or reissuing the certificatesaccept written applications pursuant to the provisions of Article 2924, paragraph (43) (including as applied mutatis mutandis pursuant to Article 31, paragraph (5) and Article 32, paragraphs (2)); and (7));

perform the administrative affairs for issuing or reissuing the certificates pursuant to the provisions of Article 29, paragraph (4) (including as applied mutatis mutandis pursuant to Article 31 and Article 32, paragraph (5));

the administrative affairs to provide a technical intern trainee with theoperations of providing necessary information, advice and other assistance in response to a consultationconsultations from the technical intern trainee in order to ensureskill development employees for the proper implementation of technical intern training employment for skill development and the protection of technical intern traineesskill development employees (excluding administrative affairsthose falling under the operations stated in the following item);

the operations to provide the necessary information, advice and other assistance to a technical intern trainee who faces difficulty in engaging in technical intern training and wishfollowing operations contributing to continue receiving the technical intern training, in response to a consultation from the technical intern trainee, and to provideskill development employees, etc., becoming the necessary guidance and advice to implementing organizations, supervising organizations and other relevant persons, so that the relevant technical intern trainee can continue receiving it;subject of employment for skill development or continuing employment for skill development:

provide necessary information, advice and other assistance in response to consultations from skill development employees, etc.;

provide implementing organizations for employment for skill development, supervising and support organizations, or other relevant persons with necessary guidance and advice;

accept applications for recruitment and job seeking by exclusively designating implementing organizations for employment for skill development or persons seeking to provide employment for skill development (excluding those who provide or seek to provide supervising-organization-type employment for skill development through worker dispatch, etc., as clients in Japan; hereinafter the same applies in paragraph (1) of the following Article) as recruiters, and exclusively designating skill development employees, etc., as job seekers, and arrange the establishment of an employment relationship related to employment for skill development between recruiters and job seekers, when it is necessary to provide employment placement to ensure that skill development employees, etc., become the subject of employment for skill development; and

provide necessary information pursuant to the provision of Article 106, paragraph (4).

the operations to conduct studies and research relating to technical intern trainingemployment for skill development;

other operations relating to the proper implementation of technical intern training employment for skill development and the protection of the technical intern traineesskill development employees;

The ESDO is to conduct the operations provided for in Article 69-2-2 of the Immigration Control Act, in addition to the operations listed in the preceding paragraph.

Notwithstanding the provisions of Article 33, paragraph (1) of the Employment Security Act and Article 34, paragraph (1) of the Mariners' Employment Security Act, the ESDO may, as an operation provided for in paragraph (1), item (iii), (c) of the preceding Article, conduct the ESDO-led employment placement services (meaning that the ESDO engages in the businesses of accepting applications for recruitment and job seeking by exclusively designating implementing organizations for employment for skill development or persons seeking to provide employment for skill development as recruiters, and exclusively designating skill development employees, etc., as job seekers, and of arranging the establishment of an employment relationship related to employment for skill development between recruiters and job seekers; hereinafter the same applies in the following paragraph).

With regard to the ESDO-led employment placement services, the ESDO is deemed to be the employment placement service provider provided for in Article 4, paragraph (10) of the Employment Security Act or the person who obtained the license under Article 33, paragraph (1) of the same Act, the free mariners employment placement service provider provided for in Article 6, paragraph (5) of the Mariners' Employment Security Act, or the employment placement 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, and the following provisions apply: Article 5-2; Article 5-3; Article 5-4, paragraphs (1) and (3); and Articles 5-5 through 5-8 of the Employment Security Act; Article 32-13 of the same Act as applied mutatis mutandis pursuant to Article 33, paragraph (4) of the same Act; Article 33-5 of the same Act; Article 20 of the same Act as applied mutatis mutandis pursuant to Article 34 of the same Act; Article 48 of the same Act; Article 48-3, paragraphs (2) and (3); and Article 51, paragraph (2) of the same Act; Article 7 of the Mariners' Employment Security Act; Articles 15 through 20 and Article 22 as applied mutatis mutandis pursuant to Article 42, paragraph (1) of the same Act; Article 96, paragraph (1), Article 98, paragraphs (2) and (3), and Article 104 of the same Act; and Chapter III of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives. In this case, the term "order of the Ministry of Health, Labour and Welfare" in Article 5-3, paragraphs (3) and (4); Article 5-4, paragraphs (1) and (3); Article 5-5, paragraph (1); and Article 5-6, paragraph (1), item (iii) of the Employment Security Act; Article 32-13 of the same Act as applied mutatis mutandis pursuant to Article 33, paragraph (4) of the same Act; and Article 51, paragraph (2) of the same Act is to be replaced with "order of the competent ministries"; the term "the Minister of Health, Labour and Welfare" in Article 48 and Article 48-3, paragraphs (2) and (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 phrases “Articles 3, 5-3 through 5-5, 33-5, 42, 43-8, and 45-2” and “, job posters, persons recruiting workers, commissioned recruiters, persons offering the service of providing recruitment/candidate information, providers of worker supply services, and persons seeking to receive worker supply” in Article 48 of the Employment Security Act is to be replaced with “Articles 5-3 through 5-5, and 33-5” and “and job posters,” respectively. The phrase “a job poster or person seeking to receive worker supply” in Article 48-3, paragraph (2) of the same Act is to be replaced with “a job poster.” The phrases “... has issued an order under the provisions of paragraph (1) or ... under the provisions of the preceding paragraph to a person recruiting workers” and “the order or recommendation” in paragraph (3) of the same Article is to be replaced with “... under the provisions of the preceding paragraph” and “the recommendation,” respectively. The term “Order of the Ministry of Land, Infrastructure, Transport and Tourism” in Article 15, paragraph (1), item (iii); Article 16, paragraphs (2) and (3); Article 18; Article 19, paragraph (1); and Article 20 of the Mariners’ Employment Security Act, as applied mutatis mutandis pursuant to Article 42, paragraph (1) of the same Act and Article 104 of the same Act is to be replaced with “order of the competent ministries.” The term “Minister of Land, Infrastructure, Transport and Tourism” in Article 96, paragraph (1) and Article 98, paragraphs (2) and (3) of the same Act is to be replaced with “the competent ministers.” The phrases “the provision of Article 4, and the provisions of Articles 16 and 19 (including as applied mutatis mutandis pursuant to Article 42, paragraph (1), Article 48, and Article 52),” and “, job posters, persons recruiting mariners, providers of free mariner supply services, and persons seeking to receive mariner supply” in Article 96, paragraph (1), item (i) of the same Act is to be replaced with “the provisions of Articles 16 and 19 as applied mutatis mutandis pursuant to Article 42, paragraph (1)” and “and job posters,” respectively. The phrases “in ...48, 49 and 52” and “free mariners’ employment placement service providers, persons recruiting mariners, persons offering the service of providing mariners’ recruitment/candidate information (excluding local governments; hereinafter the same applies in the following Article, Article 98, paragraph (1), and Article 102, paragraphs (1) and (2)), and providers of free mariner supply services” in item (ii) of the same paragraph of the same Act are to be replaced with “in ...” and "free mariners' employment placement service providers," respectively. The phrases "job posters or persons seeking to receive mariner supply" in Article 98, paragraph (2) of the same Act, "... has issued an order under the provisions of paragraph (1) or ... under the provisions of the preceding paragraph to a person recruiting mariners (excluding commissioned recruiters)" in paragraph (3) of the same Article, and "the order or recommendation" in paragraph (3) of the same Article are to be replaced with "job posters," "... under the provisions of the preceding paragraph," and "the recommendation," respectively.