Article 44Obligation of Confidentiality
第四十四条(秘密保持義務)
The officers and employees or former officers and employees of the supervising organization must not divulge or misappropriate any confidential information which they came to know of in connection with their work, without reasonable grounds.
監理団体の役員若しくは職員又はこれらの者であった者は、正当な理由なく、その業務に関して知ることができた秘密を漏らし、又は盗用してはならない。
Article 45Delegation to Orders of the Competent Ministry
第四十五条(主務省令への委任)
Beyond what is provided for in this Section, the licensing procedures for the supervising organizations and other necessary matters relating to implementation of this Section are provided for by Order of the competent ministry.
Section 3 Protection of Technical Intern Trainees
第三節 技能実習生の保護
第四十六条(禁止行為)
A person engaging in the supervision (referred to as "training supervisor" in Article 48, paragraph (1)) or its officers or employees (referred to as "training supervisors, etc." in the following Article) must not force the technical intern trainees to engage in technical intern training against their will through the use of assault, intimidation, confinement, or any other means which unfairly restrict the mental or physical freedom of the technical intern trainee.
第四十七条
The training supervisors, etc. must not enter into a contract that stipulates penalties for or predetermines compensations for damage on the non-performance of a contract regarding technical intern training, with the technical intern trainees, etc. (meaning technical intern trainees or persons who wish to become technical intern trainees; hereinafter the same applies in this Article), their spouses, their lineal relatives, their relatives cohabiting with the technical intern trainees, etc., or any other person who has a close personal relationship with the technical intern trainees, etc.
The training supervisors, etc. must not have a technical intern trainee, etc. enter into a savings contract incidental to the contract for technical intern training or enter into a contract assuming control of the savings of the technical intern trainee, etc.
第四十八条
A person conducting technical intern training, training supervisor, or officer or employee thereof (referred to as "persons associated with technical intern training" in the following paragraph) must not retain the passport (meaning the passports as prescribed for in the provisions of Article 2, item (v) of the Immigration Control Act; the same applies in Article 111, item (v)) or residence card (meaning the residence cards as prescribed for in the provisions of Article 19-3 of the Immigration Control Act; the same applies in Article 111, item (v)) of a technical intern trainee.
Persons associated with technical intern training must not improperly restrict the freedom of the technical intern trainees to go out, or otherwise impose unfair restrictions on their freedom in their personal lives.
第四十九条(出入国在留管理庁長官及び厚生労働大臣に対する申告)
If an implementing organization, supervising organization, or officers or employees thereof (referred to as "implementing organization, etc." in the following paragraph) is in violation of the provisions of this Act or any order based thereon, the technical intern trainee may report that fact to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare.
The implementing organization, etc. must not suspend the technical intern training for the technical intern trainee or subject that trainee to other disadvantageous treatment, due to the technical intern trainee having given the report provided for in the preceding paragraph.
Section 4 Auxiliary Provisions
第四節 補則
第五十条(指導及び助言等)
If it is found necessary for the enforcement of the provisions of this Chapter, the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare may provide the implementing organization with the necessary guidance or advice to secure the proper implementation of technical intern training and protection of the technical intern trainees, and the competent minister may provide the supervising organization with the necessary guidance or advice to secure the proper implementation of technical intern training and protection of the technical intern trainees
The Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare must provide the necessary information, advice, or other assistance in response to a consultation from a technical intern trainee for the purpose of the proper implementation of technical intern training and protection of the technical intern trainees.
Article 51Communication and Coordination
第五十一条(連絡調整等)
If an implementing organization or supervising organization intends to file a notification under Article 19, paragraph (1) or Article 33, paragraph(1), a notice under Article 19, paragraph (2), or a notification of discontinuation or suspension of business under Article 34, paragraph(1), it must communicate and coordinate with other implementing organizations, supervising organizations, or other relevant persons and must take other necessary measures to ensure that the technical intern trainees relevant to the implementing organization or supervising organization who wish to continue with the technical intern training are able to do so.
If it is found necessary for implementation of the measures prescribed in the provisions of the preceding paragraph or for any other purpose, the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare may give the necessary guidance and advice to the persons provided for in item (i), and the competent minister may give the necessary advice and guidance to the persons provided for in item (ii):
implementing organizations and other relevant persons (except for supervising organizations); or
supervising organizations, persons relevant to those organizations, and other relevant persons (except for the persons given in the preceding item).
Article 52Technical Intern Training Evaluation Examination
第五十二条(技能実習評価試験)
The Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare must endeavor to promote technical intern training evaluation examinations, in order to ensure the smooth evaluation of skills, etc., by implementing organizations.
The competent ministers must establish the standards for technical intern training evaluation examinations by order of the competent ministry, in order to ensure that fair technical intern training evaluation examinations are conducted.
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find it to be necessary for the proper implementation of technical intern training and protection of technical intern trainees, they may request necessary cooperation in relation to the technical intern training regarding the business in the specific industry from the minister who has jurisdiction over that industry (referred to as "minister with jurisdiction over the business" in paragraph (1) of the following Article).
第五十四条(事業協議会)
The minister with jurisdiction over the business may organize a council composed of that minister and implementing organizations or supervising organizations related to the specific industries under the jurisdiction of the minister (hereinafter referred to as "business council" in this Article).
The business council may add the OTIT or other persons as members if the business council finsa this necessary.
The business council is to share useful information for the purpose of proper implementation of technical intern training and protection of technical intern trainees, through mutual communication among its members, in order to work towards close cooperation among its members; and is to discuss initiatives to contribute to the proper implementation of technical intern training and protection of the technical intern trainees in light of the actual conditions of the business.
Any person who performs or previously performed the administrative affairs of the business council must not divulge or misappropriate any confidential information which they came to know of in connection with those administrative affairs, without reasonable grounds.
事業協議会の事務に従事する者又は従事していた者は、正当な理由なく、当該事務に関して知ることができた秘密を漏らし、又は盗用してはならない。
Beyond what is provided for in the preceding paragraphs, any other necessary matters in relation to the organization and management of the business council are established by the business council.
Article 55Requests Related to Implementation of Measures Based on the Provisions of Other Laws
第五十五条(他の法律の規定に基づく措置の実施に関する要求等)
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare found it to be necessary for the purpose of the proper implementation of technical intern training and protection of the technical intern trainees, they may provide information to the heads of the relevant administrative organs to contribute to the proper implementation of technical intern training and protection of the technical intern trainees.
If the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare find that there are measures based on the provisions of other laws that may be used for the proper implementation of technical intern training and protection of the technical intern trainees, and that measures should be implemented promptly for the purpose of the proper implementation of technical intern training and protection of the technical intern trainees, they may make a request to the minister with jurisdiction over the administrative affairs for prompt implementation of those measures.
If, as provided for in the preceding paragraph, the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare have made a request for the prompt implementation of measures set forth under the same paragraph, they may make a request to the relevant minister set forth in the same paragraph for a report on the status of implementation of those measures.
第五十六条(地域協議会)
National government agencies with jurisdiction over the administrative affairs relating to technical intern training within a region may organize a council made up of those agencies, local government agencies, and other relevant agencies (hereinafter referred to as a "regional council" in this Article).
地域において技能実習に関する事務を所掌する国の機関は、当該機関及び地方公共団体の機関その他の関係機関により構成される協議会(以下この条において「地域協議会」という。)を組織することができる。
A regional council may add the OTIT or other persons as members if the regional council finds this necessary.
A regional council is to share useful information for the purpose of the proper implementation of technical intern training and protection of the technical intern trainees, through mutual communication among its members, in order to work toward close cooperation among its members; and is to discuss initiatives to contribute to the proper implementation of technical intern training and protection of the technical intern trainees in light of the actual conditions of the region.
Any person who performs or previously performed administrative affairs of a regional council must not divulge or misappropriate any confidential information which they came to know of in connection with the administrative affairs, without reasonable grounds.
地域協議会の事務に従事する者又は従事していた者は、正当な理由なく、当該事務に関して知ることができた秘密を漏らし、又は盗用してはならない。
Beyond what is provided for in the preceding paragraphs, any other necessary matters for organization and management of the regional council are established by the regional council.