Obligations of Companies Accepting Specified Skilled Workers | Everything About Support Plans and Notifications

Introduction

Companies (accepting organizations) that employ Specified Skilled Worker (i) foreign nationals are subject to statutory obligations regarding proper employment management and support for the foreign national. Neglecting these obligations can result in suspension of acceptance or penalties, so it is important to understand them correctly.

Basis: Articles 19-18 to 19-21 of the Immigration Control and Refugee Recognition Act, and the Ministerial Ordinance on Specified Skilled Worker Standards

Standards for Accepting Organizations

To accept Specified Skilled Worker foreign nationals, the accepting organization must meet the following standards.

Standard	Content
Not falling under grounds for disqualification	No criminal penalties under related laws, no violations of immigration or labor laws within the past 5 years, etc.
Appropriateness of the employment contract	Remuneration equal to or above that of Japanese nationals, full-time work, enrollment in social insurance
Establishment of a support structure	Having a structure capable of formulating and implementing a support plan
Compliance with notification obligations	Making the various notifications in a timely manner

Requirements Regarding the Employment Contract

A Specified Skilled Worker employment contract must satisfy the following conditions.

• The amount of remuneration must be equal to or above that of Japanese nationals
• The prescribed working hours must be the same as those of ordinary workers (full-time)
• Leave must be granted when the worker wishes to temporarily return home
• If the foreign national cannot bear the cost of travel home, the accepting organization must bear it
• The worker must be enrolled in health insurance, employees’ pension insurance, employment insurance, and workers’ accident compensation insurance

Important: “Equal to or above” for remuneration means equal to or above that of Japanese employees engaged in the same work. Where wage regulations exist, they are followed; where they do not, wage levels of nearby companies in the same industry are also used as a reference.

Obligation to Formulate a Support Plan for Specified Skilled Worker (i)

When employing a Specified Skilled Worker (i) foreign national, the accepting organization must formulate a support plan for Specified Skilled Worker (i) foreign nationals. The support plan must include the 10 statutory items of mandatory support.

For details on the 10 items of the support plan, please see our separate article “Support Plan for Specified Skilled Worker (i) | A Detailed Explanation of the 10 Items of Mandatory Support”.

Outsourcing to a Registered Support Organization

All or part of the support plan may be outsourced to a Registered Support Organization. We particularly recommend considering outsourcing to a Registered Support Organization in cases such as the following.

• When it is your first time accepting foreign nationals and no support structure is in place
• When it is difficult to provide assistance in the foreign national’s native language
• When it is difficult to appoint a support supervisor and support staff

Note: Even when support is outsourced to a Registered Support Organization, the accepting organization bears ultimate responsibility for the support.

List of Notification Obligations

Accepting organizations have the following notification obligations. Failure to make a notification is subject to a fine of up to ¥300,000.

Ad Hoc Notifications (When an Event Occurs)

Notification	Timing
Notification regarding the Specified Skilled Worker employment contract	When the contract is changed or terminated
Notification regarding changes to the support plan	When the plan is changed
Notification regarding difficulty in continuing acceptance	When continuing acceptance becomes difficult
Notification regarding violations of immigration or labor laws	When a violation becomes known

Periodic Notifications (Quarterly)

Notification	Deadline
Notification regarding the status of acceptance	Within 14 days from the first day of the quarter following the relevant quarter
Notification regarding the status of support implementation (Specified Skilled Worker (i) only)	Same as above
Notification regarding the status of activities	Same as above

Where to file: The Regional Immigration Services Bureau with jurisdiction over the location of the accepting organization

Obligation to Enroll in Social and Labor Insurance

Specified Skilled Worker foreign nationals are, like Japanese nationals, required to be enrolled in the following insurance.

Insurance	Content
Health insurance	Enrollment mandatory if the establishment is covered
Employees’ pension insurance	Enrollment mandatory if the establishment is covered
Employment insurance	Enrollment required for prescribed working hours of 20 hours or more per week
Workers’ accident compensation insurance	Covers all workers

Penalties for Violations

If an accepting organization violates its obligations, the following penalties may be imposed.

• Violation of notification obligations: Fine of up to ¥300,000
• False notification: Fine of up to ¥300,000
• Improper conduct: Suspension of acceptance (5 years)
• In malicious cases: Imprisonment of up to 1 year or a fine of up to ¥1,000,000

Reference: Immigration Services Agency of Japan, “About the Specified Skilled Worker System” https://www.moj.go.jp/isa/applications/status/specifiedskilledworker.html

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