When accepting foreigners on a specific skill visa, there are standards required of the accepting organization (company) and the foreigner (applicant).
Especially when compared to visas for engineers, humanities specialists, and international services.There are many standards required of the accepting organization (company).Before applying, you need to make sure that you meet all the criteria. On this page, we will take a closer look at the requirements of the host organization (company).
Standards required of accepting organizations (companies)
Comply with the provisions of laws and regulations regarding labor, social insurance, and taxation.
The worker who is engaged in the same type of work as the foreigner engaged in in the specified skills employment contract has not involuntarily left the job within one year before the date of the conclusion of the specified skills employment contract or after the date of the conclusion of the specified skills employment contract.
No one has gone missing within one year of the date of the conclusion of the specified skills employment contract or after the date of the conclusion of the contract.
Must not fall under any grounds for disqualification (violation of labor laws within 5 years, etc.)
Prepare a document regarding the activities of the foreigner related to the specified skills employment contract and keep it in the engaged office for at least one year from the end of the employment contract.
The accepting organization (company) does not conclude an employment contract with the knowledge that the foreign national, etc. is being asked to pay a security deposit or penalty fee.
The accepting organization has not concluded a contract with another party that stipulates the collection of penalty fees, etc.
Do not make foreigners directly or indirectly bear the cost of support.
When dispatching foreign workers, the dispatch destination must meet each of the criteria from ① to ④ above.
The company has taken steps to notify the establishment of workers' accident compensation insurance.
A system is in place to enable the continued performance of employment contracts.
Payment of compensation by transfer to a savings account, etc.
Comply with sector-specific standards
Standards required for support for foreigners
Applicable to any of the following ・The company has a track record of properly accepting or managing medium- to long-term residents in the past two years, and has appointed a support manager and support person (at least one person per office) from among its executives and employees. thing ・Support managers and support personnel must be selected from among executives and employees who have experience in providing lifestyle counseling for medium- to long-term residents in the past two years (at least one person per business establishment). ・The person must be recognized as a person who can appropriately carry out support operations to the same extent as above.
A system must be in place to provide support in a language that foreigners can fully understand.
Create a document regarding the support status and keep it at the workplace for at least one year from the end of the employment contract.
The support manager or person in charge of support is able to implement the support plan neutrally and does not fall under any disqualification grounds.
Have not failed to provide support based on the support plan within 5 years
A system is in place that allows the support manager or support person to hold regular interviews with foreign nationals and those in a position to supervise them.
Comply with sector-specific standards
Points to note after employment
When accepting foreigners on a specific skill visa, there are some things you must be aware of even after acceptance has been decided.
Create a document regarding the activity status and keep it at the business office.
"Documents related to activity content” refers to the following:
① Management record of specified skilled foreigners
(1) List of specified skilled foreigners (required information is as follows)
(2) Book regarding the activity status of specified skilled foreigners (required entries are as follows)
② Contents of specific skills employment contract
③ Employment conditions
④ Documents containing matters related to the treatment of specified skilled foreigners (wage ledger (Article 108 of the Labor Standards Act), etc.)
⑤ Documents related to the work status of specified skilled foreigners (documents such as attendance records)
Paying compensation by bank transfer, etc.
In order to make the payment of remuneration to specified skilled foreigners more reliable and appropriate, we will explain to the foreigner that the method of payment of remuneration will be by transfer to a deposit account, and then obtain the foreigner's consent. If you receive such funds, you will be asked to transfer them to your savings account.
If a method other than bank transfer is used, the payment of remuneration will need to be confirmed by the Commissioner of the Immigration Services Agency.
Therefore, it is necessary to submit documents separately on a regular basis.
Provide support in a language that can be understood
① Providing appropriate information in a language that foreigners with specific skills can fully understand.
②Secure the staff in charge and provide appropriate consultation in a language that foreigners with specific skills can fully understand.
It is extremely difficult for foreigners with specific skills to understand technical terms and phrases unique to Japanese.
Therefore, support that leads to understanding is important.
If you can communicate well, it will lead to a relationship of trust and the smooth execution of your duties.
Preparation of documents related to the implementation status of support
Documents related to the status of support for foreign workers with specified skills (1) must be prepared and kept for at least one year from the end date of the specified skills employment contract.
Neutrality of support
The support manager and the support person are not in a position to supervise the specified skill foreigner (1) and are at least in a neutral position in the event of a dispute between the organization to which the specified skill belongs and the foreigner concerned.
Conducting regular interviews
In order to support the stable and continuous residence activities of specified skilled foreigners, they are required to have regular interviews not only with specified skilled foreigners but also with those who are in a position to supervise them. Masu.
Requirements check sheet
When accepting foreigners on a specific skill visa, it is necessary to thoroughly check whether the accepting organization (company) meets all the criteria before applying. If you are thinking of hiring a foreigner with specific skills, please check the checklist below.
*Permission is required to meet all of the following items. Please be sure to report if there is even one item that does not apply.
□Comply with labor-related laws and regulations
□ ① A specific skill employment contract has been concluded in accordance with standards such as the Labor Standards Act.
□ ② If the business is covered by employment insurance or workers' compensation insurance, the procedures for application of the insurance and the payment of insurance premiums must be carried out appropriately.
□ ③ If there is a person who will mediate the establishment of an employment contract with a specified skilled foreign worker, free employment introduction based on the provisions of Article 30, Article 33, and Article 33-3 of the Employment Security Act. Receive job recruitment from a person who has received a notification or permission from , or permission from a paid employment placement business.
* Even if there is a non-payment of labor insurance premiums, advice and guidance from the Regional Immigration Bureau will be accepted.If you complete the payment procedures based on the above, it will be assessed that you are complying with labor-related laws and regulations, so please complete the necessary procedures.
□Comply with social insurance related laws and regulations.
<For businesses covered by health insurance and employee pension insurance>
□ The organization to which the specified skills belong is carrying out the procedures for enrolling in health insurance and welfare pension insurance, as well as the procedures for acquiring insured qualifications for the employees employed, and appropriately paying the prescribed insurance premiums (permission for grace system (split payment)). ).
*A case in which permission for the grace system (split payment) has been obtained refers to a case in which permission for a grace period for payment or a grace period for conversion has been obtained.
<If the business is not covered by health insurance or employee pension insurance>
□ Specified skills affiliated organization (employer himself/herself) enrolls in National Health Insurance and National Pension and pays the prescribed insurance premiums appropriately (National Health Insurance premium (tax) payment (tax) relaxation measures (deferral of conversion, etc.) (including cases where the applicant is eligible for the National Pension Insurance premium exemption system).
* Even if you have not paid your social insurance premiums, if you pay your premiums based on the advice and guidance of the Regional Immigration Bureau, it will be considered that you have complied with social insurance-related laws and regulations. Please pay any unpaid insurance premiums.
□Comply with tax-related laws and regulations
<For corporations>
□ The organization to which the specified skill belongs appropriately pays national taxes (withholding income tax, special income tax for reconstruction, corporate tax, consumption tax, and local consumption tax) and local taxes (corporate inhabitant tax) (tax payment relaxation measures (deferment of conversion, deferment of tax payment, (including cases where payment is entrusted).
<In the case of a sole proprietor>
□ The organization to which the specified skill belongs appropriately pays national taxes (withholding income tax and special income tax for reconstruction, self-assessed income tax and special income tax for reconstruction, consumption tax and local consumption tax, inheritance tax, gift tax) and local taxes (individual residence tax) (tax payment relaxation (including cases where the applicant is receiving measures (deferral of conversion, deferral of tax payment, or payment entrustment).
*Even if you have not paid taxes, if you pay based on the advice and guidance of the Regional Immigration Bureau, it will be assessed that you have complied with tax-related laws and regulations, so please contact the tax office, etc. Please consult with us and carry out the necessary procedures.
□No involuntary turnover
□ A worker who has been engaged in the same type of work as the foreigner is supposed to engage in in the specified skills employment contract within one year before or after the date of the conclusion of the specified skills employment contract (the following) (excluding those listed in ) have not left their jobs.
① Persons who retired due to retirement age or other similar reasons
② A person who was dismissed for serious reasons attributable to the employee
③ At the expiration of a labor contract with a fixed term (hereinafter referred to as a "fixed-term labor contract"),
Terminate the fixed-term labor contract by not renewing the contract
(If the worker applies for renewal of the fixed-term labor contract or
If the applicant applies for the conclusion of a fixed-term labor contract without delay after the expiration of the period,
The organization to which the specified skills belong, which is the other party to the fixed-term labor contract, should be responsible for the worker.
By refusing the application for serious reasons or other justifiable reasons.
This is limited to cases where the fixed-term labor contract concerned is terminated. )
④ Persons who voluntarily left their jobs
*Applicable to full-time Japanese workers, medium- to long-term residents, and special permanent resident employees (excluding part-time and part-time workers)
<Specific examples of “involuntary separation from employment”>
・When recruiting for voluntary retirement or recommending retirement in order to reduce personnel (excluding cases where dismissal is unavoidable due to bad weather or natural disasters)
・In cases where the worker determines that there are serious problems related to working conditions (lower wages, delayed payment of wages, excessive overtime work, discrepancies with employment conditions, etc.)
・If there are serious problems related to the working environment (intentional exclusion, harassment, etc.)
・ Termination of a fixed-term labor contract for reasons not attributable to the specified skilled worker
□There are no missing persons.
□ No foreign national has gone missing due to reasons attributable to the specified skill organization within one year before or after the date of conclusion of the specified skill employment contract.
* “Foreigners” refers only to accepted specified skilled foreigners and technical intern trainees.
* “Causes attributable to others” mean that the specified skills organization does not pay wages properly in accordance with employment conditions.
Cases in which a specified skilled foreign worker goes missing during a period in which a violation of laws and regulations or an act that does not conform to standards is being carried out, such as when a specified skilled foreign worker is absent or the No. 1 specified skilled foreign worker support plan is not properly implemented. Says.
If such a violation of laws or an act that does not comply with the standards is committed, regardless of the number of people, if even one specified skilled foreign worker goes missing, this standard will not be met. Masu.
* An organization to which a specified skill worker is affiliated has accepted a person as an intern implementing organization under the technical intern training system (including intern training implementing organizations before the enforcement of the Technical Intern Training Act) within one year before or after the date of conclusion of a specified skill employment contract. This standard will also not be met if a technical intern trainee goes missing due to reasons attributable to him or her.
□Not subject to punishment under relevant laws.
If any of the following apply, you will fall under the grounds for disqualification and will not be able to become a specified skill affiliated organization.
① Persons sentenced to imprisonment with work or higher punishment
② A person who violates immigration or labor laws and is sentenced to a fine.
③ Persons who have violated organized crime-related laws, criminal laws, etc. and have been sentenced to a fine.
④ A person who violates his/her obligations as a business owner under various social insurance laws and labor insurance laws and is sentenced to a fine.
In both cases, ``those who have been sentenced to punishment and for whom five years have not yet passed since the day they completed their execution or ceased to be subject to execution'' are eligible.
□Does not fall under any grounds for disqualification from the perspective of acting ability or suitability as an officer, etc.
A person who falls under any of the following falls under the grounds of disqualification from the perspective of acting ability and suitability as an officer, etc., and cannot become an affiliated organization for specified skills.
① A person who is unable to appropriately perform the recognition necessary for the proper performance of a specific skill employment contract due to mental impairment.
② A person who does not obtain reinstatement after receiving a decision to commence bankruptcy proceedings
③ A person who is an officer of a corporation or a legal representative of a minor and falls under each item of Article 2, Paragraph 1, Item 4 (excluding ``W'') of the Specified Skills Standards Ministerial Ordinance.
□The training certification has not been revoked.
If the training certification is revoked while accepting technical intern trainees as an implementing organization, a person for whom five years have not passed since the date of the revocation (including a person who was an officer of the corporation of the revoked person) , cannot become an organization affiliated with specific skills.
*Officers subject to disqualification are not only those who are formal officers of the corporation, but also those who are deemed to have strong control over the corporation in practice.
Specifically, it refers to employees, directors, executive officers, or similar persons who execute business, and includes employees and directors who execute business for a corporation, regardless of whether they are advisors, advisors, or any other person. , or a person who is recognized to have control power equal to or greater than that of a person equivalent to these.
□No illegal acts related to immigration or labor-related laws and regulations.
A person who commits misconduct regarding immigration or labor-related laws and regulations within five years before or after the date of the conclusion of a specified skills employment contract falls under the grounds for disqualification and cannot become an affiliated organization for specified skills.
① Acts of assaulting, threatening, or confining foreign nationals This refers to cases of assaulting, threatening, or confining foreign nationals. Note that it does not matter whether or not the person has been punished criminally for the act.
② Act of taking away a foreigner's passport or residence card This refers to a case where a foreigner's passport or residence card is kept against his or her will. For example, this would apply if the organization to which the specified skills belong had kept the passport or residence card for the purpose of preventing disappearances.
③ Failure to pay part or all of an allowance or remuneration to a foreign national This refers to a case in which a part or all of an allowance or remuneration is not paid to a foreign national. ``Failure to pay part or all of allowances or remuneration'' is evaluated by taking into consideration the amount of unpaid amount, period of unpaid period, employer's awareness, etc.
Even if food and housing expenses are deducted, if the amount deducted is not appropriate, this may fall under this reason for disqualification.
④ Acts that unduly restrict a foreigner's freedom to go out or other private life This refers to cases where a foreigner's ability to go out or communicate with outside parties is unduly restricted. For example, actions such as confiscating mobile phones and cutting off contact with the outside world fall under this category.
⑤ In addition to those listed in ① to ④, acts that seriously violate the human rights of foreign nationals This refers to cases where an act that seriously violates the human rights of foreign nationals (excluding acts ① to ④ above) has been committed.
For example, if a specified skilled foreigner declares that he or she has suffered a human rights violation, and a human rights protection organization recognizes the fact of the human rights violation, or if the specified skilled foreigner's bankbook is taken against his or her will. , or cases in which a specified skilled worker is forced to return to his or her home country against his or her will.
⑥ Exercising or providing forged or altered documents, etc. For the purpose of concealing the facts of fraud or grossly unjust acts committed in relation to laws and regulations concerning immigration or labor concerning foreign nationals, or fraudulently denying the residence status of foreign nationals in connection with their business activities.
This refers to a case where a forged or altered document, etc. is used or provided for the purpose of obtaining a certificate of certification, seal of landing permission, permission to change status of residence, etc. For example, when applying for a Certificate of Eligibility, you may submit an application stating "none" regarding the presence or absence of any act that falls under the grounds for disqualification, but a subsequent investigation by the Regional Immigration Bureau reveals that the act has been committed. This applies to cases where it is discovered that something has happened.
Therefore, it is necessary to thoroughly check the facts when making applications and notifications.
⑦ Collection of security deposits, etc. In cases where security deposits are collected from foreigners or their relatives, etc., cases where penalties are set for non-performance of specified skill employment contracts, etc., or cases where a person is performing or attempting to perform these acts. This refers to cases where a specific skill employment contract is concluded after being introduced by someone.
For example, in order to prevent a specified skilled worker from disappearing from the organization to which the specified skilled worker belongs, a security deposit is collected from the specified skilled worker or his or her family, or a penalty is stipulated in the event of the worker's disappearance. Masu.
Additionally, employees are prohibited from reporting inappropriate behavior to regional immigration bureaus, labor standards inspection offices, etc., going out on holidays without permission, and leaving their seats to use the restroom during work hours. Regarding contracts that plan to prohibit the illegal transfer of money or other assets from specified skilled foreigners or their families, etc., or to collect unreasonably large sums of money from specified skilled foreigners or their families, etc., This falls under the category of ``contracts that apply.''
⑧ Failure to submit a notification or a false notification This refers to a case where a person fails to submit a notification to a Regional Immigration Bureau or submits a false notification even though a legally stipulated reason for notification has occurred. For example, even though a specified skilled worker went missing, he did not report it, and the missing specified skilled worker was only discovered by the regional immigration bureau. This applies to cases where it becomes clear that a person has failed to comply with the notification of activity status or support implementation status despite receiving repeated instructions to do so.
⑨ Obstruction of collection of reports, etc. This applies to cases where the submission of reports or books and documents required under the provisions of Article 19-20, Paragraph 1 of the Act is obstructed.
⑩ Violation of improvement order This refers to cases where a person fails to comply with an improvement order despite receiving an improvement order from the Commissioner of the Immigration Services Agency.
⑪ Employment of illegal workers (1) Acts of causing foreign nationals to engage in illegal labor activities in relation to business activities, (2) Acts of placing foreign nationals under one's control in order to have them engage in illegal labor activities, or (3) Acts of causing foreign nationals to engage in illegal labor activities in connection with business activities. This applies to cases where the person engages in, instigates, or assists in any of the acts of ① and ②.
⑫ Violation of labor-related laws and regulations This refers to cases where there is a violation of labor-related laws and regulations such as the Labor Standards Act, Industrial Safety and Health Act, and Employment Security Act regarding the employment activities of foreign nationals.
For example, cases where a worker is made to work long hours exceeding the number of hours stipulated in the 36 Agreement, cases where measures stipulated by the Industrial Safety and Health Act are not taken, cases where a specified skilled worker is dismissed because she is pregnant, etc. is applicable.
⑬ Misconduct in the Technical Intern Training Program A person who commits misconduct as a training implementer under the Technical Intern Training Program (including a training implementing organization under the old Technical Intern Training Program), or whose supervisory permission as a supervising organization has been revoked and whose acceptance period has expired. This refers to the case where the
⑭ At the time when another organization committed the wrongful act, the applicant was engaged in work related to the acceptance of foreign nationals as an officer, etc. At the time when another organization committed the wrongful act, the manager, officer, or This refers to the act of engaging in work related to the acceptance, employment management, or operation of foreign nationals as a manager.
For example, if an officer of the applicant is suspended due to misconduct by the supervising organization or implementing organization of the technical intern training program (including the implementing organization under the former technical intern training program), then action
This applies if you were an officer at the time.
□Have no relationship with organized crime groups, etc.
Persons who fall under the following fall under the disqualification reasons from the perspective of eliminating organized crime, and cannot be affiliated with specified skills organizations.
- A member of an organized crime group, etc. (meaning a member of an organized crime group or a person for whom five years have not passed since the day he/she ceased to be a member of an organized crime group; the same shall apply hereinafter) and his/her officers are members of an organized crime group, etc. - A person whose business activities are controlled by a member of an organized crime group, etc.
□There is no collection of security deposit, no penalty contract, etc.
<Specific examples of "collection of security deposit, penalty contract, etc.">
In addition to contracts that stipulate penalties for non-fulfillment of labor contracts, such as disappearance from the organization to which specific skills belong,
Employees are prohibited from consulting with local Immigration Bureaus or Labor Standards Inspection Offices regarding legal violations, going out on holidays without permission, or leaving their seats to use the restroom during work hours. This includes contracts that stipulate penalties, or contracts that plan to collect unreasonably high fees in exchange for goods or services.
*Regardless of the collection of security deposits or any other pretext, money and other assets will not be managed in Japan by specific skill affiliated organizations, registration support organizations, employment placement agencies, etc. of specified skilled foreign nationals based on specified skill employment contracts. This regulation applies not only to intermediary businesses involved in these activities, but also to intermediary businesses outside Japan (brokers), etc.
□Do not make foreigners with specific skills (1) bear the cost of support.
"Costs required for support" refers to the costs necessary for various types of support provided to foreign nationals with specified skills (1) (including costs for consignment to registered support organizations), and includes the following:
・Interpretation fees for interpreters related to advance guidance, life orientation, consultation/complaint handling, and regular interviews, etc.
・Transportation expenses required for pick-up and drop-off of No. 1 specified skilled foreigners when entering and exiting the country
*This does not preclude the person from paying actual expenses such as housing rent to the extent necessary.
□The notification of the establishment of an insurance relationship related to workers' compensation insurance must be appropriately carried out.
In order to ensure the application of workers' compensation insurance to specified skilled workers, if the organization to which the specified skills belong is a workplace covered by workers' compensation insurance, notification of the establishment of an insurance relationship related to workers' compensation insurance must be appropriately carried out. You will be asked to:
*In principle, workplaces that employ even one worker are naturally covered by workers' compensation insurance (applicable workplaces), but if any of the following apply, provisional insurance will apply. Worker's compensation insurance is not automatically applied to these workplaces as they are considered voluntary workplaces.
① Privately run agriculture with fewer than five workers, other than businesses that primarily involve specific dangerous or harmful work.
② Privately run forestry that does not use workers on a regular basis and employs less than 300 workers per year
③ Private livestock, sericulture, or fisheries businesses (businesses using fishing vessels with a gross tonnage of less than 5 tons, etc.) with fewer than 5 workers.
□Having a financial base that enables the firm to reliably fulfill the specified skills employment contract
Whether the organization has a financial base will be comprehensively judged based on the presence or absence of deficits at the end of the business year of the organization to which the specified skills belong, the presence or absence of excess debt, etc.
□There is no failure to fulfill the obligation to provide support.
The applicant must not have failed to provide the relevant support within the five years prior to the conclusion of the specified skills employment contract or after the conclusion of the contract.
□Meeting the regulations for acceptance based on dispatch type
・When accepting specified skilled foreigners as dispatched workers, the dispatching agency is required to be engaged in work related to the specific industry field in which the foreigner will work, and the Commissioner of the Immigration Services Agency is required to do so. This is limited to cases where it is deemed appropriate through consultation with the head of the relevant administrative agency that has jurisdiction over the specific industrial field.
・Similar to the organization to which the specified skill worker is dispatched, the dispatch destination is also required to comply with laws and regulations regarding labor, social insurance, and taxes, and to not fall under certain disqualification reasons.
・In order for a so-called human resources dispatch company to become a specified skill affiliated organization as a dispatch source, it must meet the standards of a specified skill affiliated organization and meet Article 2, Paragraph 1, Item 9-a (1) to (4) of the Specified Skills Standards Ministerial Ordinance. The applicant must meet one of the criteria specified by the dispatching agency.
・Specified skills affiliated organizations and dispatch destinations must comply with the provisions of related laws and regulations regarding dispatch, such as the Worker Dispatch Act.
In addition, organizations affiliated with specific skills must submit notifications regarding the status of their activities (Article 19-18, Paragraph 2, Item 3 of the Act) based on reports from the dispatch destinations under Article 42, Paragraph 3 of the Worker Dispatch Act. It doesn't have to be.
For specific skill visas, please contact Support Administrative Scrivener Corporation.
In principle, we respond to inquiries on the same day or the next business day. If you do not hear from us for more than 2 business days, the message may not have been sent. We apologize for the inconvenience, but please contact us again using this form.
