Structure of the Technical Intern Training Program
(Acceptance Supervised by Organizations)
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Role and Scope of Acceptance of Supervising Organizations
(1) Role of Supervising Organizations
The role of accepting Technicaal Intern Trainee by Supervising Organizations such as societies of commerce and industry and small business associations is extermely important. Supervising Organizations are responsible for accepting Technical Intern Trainees under their own supervision and are required to verify and ensure that the technical intern training at each company(implementing Organization) is performed appropriately during the term of the Technical Intern Training(i) and Technical Intern Training(ii).
(2) The Scope of Acceptance of Supervising Organizations
Supervising Organizations(organizations operating for profit are not permitted) that are capable of accepting Technical Intern Trainees are classified as follows.
- Chambers of commerce and industry or societies of commerce and industry
- Small business associations(*)
- Vocational training companies
- Agricultual cooperatives, fishers cooperatives
- Public interest incorporated associations, public interest incorporated foundations
- .Supervising organizations specified by announcements by the Minister of Justice
Our classification is "Small business associations."
The Role of Implementing Organizations
Implementing Organizations provide training to Technical Intern Trainees. They are required to efficiently provide training by appointing instructors, performing raining according toa technical intern training plan, appointing guidance councilors, paying close attention to the everyday life of Technical Intern Trainees and providing other such facilities.
Acceptance Requirements for "Technical Intern Training (i)(b)"(First Year)
Although acrivities that can be performed as a part of "Technical Intern Training(i)(b)" include acrivities toa acquire knowledge through lectures conducted by Superviting Organizations and Skills acquisition activities conducted in accorance with employment agreements executed with Implementing Organizations, the following requirements (some have been exclued) must also be satisfied.
(1) Requirements regarding Technical Intern Trainees
- Skill to be acquired are not simple tasks
- The Technical Intern Trainee is 18 years of age ro over and is scheduled to be employed in work which makes use of the Skills qcquired in Japan after he/she returns to his/her home country.
- The Skill to be acquired in Japan are difficult to acquir in the Technical Intern Trainee's home country.
- The Technical Intern Trainee has been recommended by the local government, etc., of his/her home country.
- The Technical Intern Trainee has experience working in the same type of work as the technical training to be received in Japan.
- Sending Organizations(organizations which send, etc., Technical Intern Trainees oversees),Supervising Organizations, Iplementing Organizations,etc., do not receive payment sch as deposits from the Technical Intern Trainee(including family members, etc.). In addition, contracts, etc., that prescribe monetary penalties for the non-performance of labour agreements must not be executed with the Technical Intern Trainee.
(2) Requirements regarding Supervising Organizations
- Technical intern training is performed after receiving funds and other support and drections from the national and local governments, etc.
- Implementing Organizations are audited, etc ., by a director one or more times every three(3) months
- A counseling program is established for Technical Intern Trainees.
- A technical intern training plan for Technical Intern Training(i)is created in appropriate manner.
- A director provides on-site insruction at the Implementing Organizaiton one or more times each month during the term of the Technical Intern Training(i).
- The following subjects (including classroom lectures and on-site visitations) are provided to Technical Intern Trainees immediately after their arrival in Japan for 1/6th or more hours of the scheduled "Technical Intern Training (i)(b)" activities (or 1/12th or more hours when advance lectures have been conducted overseas for at least one(1)month totaling 160 hours or more).
- Japanese language
- General knowledge regarding everyday line in Japan
- Necessary information regarding the legal protection of Technical Intern Trainees such as the Immigration Control and Refugee Regonition Act and Labour Standards Act.
- Provide information which contributes to the efficient acquisition of Skills, etc
- Other requirements such as clearly spacifying supervision expenses, responding when Technical Intern Trainees are unable to continue technical Intern Trainee accommodation, safeguards such as workers accident insureance and determining reasons for the disqualification of directors, etc.
(3) Requirements for Implementing Organizations
- Appoint technical intern training instructors and guidance counselors
- Create a technical intern training journal and store for one or more years following the completion of technical training.
- Provide the same or higher amount of remuneration for Technical Intern Trainees as that of Japanese workers.
- Other requirements such as ensuring the provision of Technical Intern Trainee accommodation, safeguards such as workers accident insurance and determining reasons for the disqualification of managing directors, etc.
(4) Limit on the number of Technical Intern Trainees
The limit on the number of Technical Intern Trainees for "Technical Intern Training(i)(b)" is specified blow.
Supervising Organization | Implementing Organization | Training Classification | Number of Trainees (Note1) | ||
Vocational training companies | Associations | Association members | Supecial number of technical intern trainees | ||
Other than the above | 1/20th of the total number of full-time employees | ||||
Foundations | 1/20th of the total number of full-time employees | ||||
Public interest incorporated associations/ pubulic interest incorporated foundations(including special incorporated associations/ spacial incorporated foundations) | 1/20th of the total number of full-time employees | ||||
Chamber of Commerce and Industry/Society of Commerce and Industry | Members | Special number of technical intern trainees | |||
Small Business Association | Union members or association members | Special number of technical intern trainees | |||
Agricultural Cooperative(Note 2) | Agricultural management by union members | Incorporated | Special number of technical intern trainees | ||
Non-incorporated | Maximum of 2 | ||||
Fishers Cooperative | Union members | On-board fishing | Maximum of 2 | ||
Other than on-board fishing | incorporated | Special number of technical intern trainees | |||
Non-incorporated | Maximum of 2 | ||||
Organization announced by the Minister of Justice | Other than "individual agriculture/fisheries industry" | Special number of technical intern trainees | |||
Individual agriculture management | Maximum of 2 | ||||
Fisheries | On-board fishing | Maximum of 2 | |||
Other than on-board fishing | Incorporated | Special number of technical intern trainees | |||
Non-incorporated | Maximum of 2 | ||||
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Total number of regular employees at Imprementing Organizations | Number of Technical Intern Trainees |
301 or more employees | 1/20th of the total number of full-time employees |
201 or more employees and 300 or less employees | 15 Technical Intern Trainees |
101 or more employees and 200 or less employees | 10 Technical Intern Trainees |
51 or more employees and 100 or less employees | 6 Technical Intern Trainees |
50 or less employees | 3 Technical Intern Trainees |
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(5) Duration of residence
The duration of residence for Technical Intern Training(i) shall be a maximum of one year and Technical Intern Trainees shall granted either one year or 6 months Status or Residence upon receiving a landing permit.
(6) Improper conduct
Improper conduct such as acts of violence or making threats toward Technical Intern Trainees, withholding passports or Residence Cards and failing to pay wages shall incur a suspension of accepting Technical Intern Trainees for a specific period (one year,three(3) years or five(5)years) and any remedial measures necessary to prevent reoccurreces of such conduct.
Requirements for changing the Status of Residence to "Technical Intern Training (ii)(b)" (2nd and 3rd year)
"Technical Intern Training (ii)(b)" shall conduct activities which place Technical Intern Trainees in work that requires the relevant Skills at the relevant Implementing Organization in order to reinforce Skills acquired in "Technical Intern Training (i)(b)" in accordance with employment agreements executed with the Implementing Organization designated by the Minister for Justice. Although application to change the Status of Residence to "Technical Intern Training (ii)(b)" is limited to Technical Intern Trainees with Status of Residence in "Technical Intern Training (i)(b)", the following requirements must also be satisfied.
(1) Requirements for Technical Intern Trainees
The following requirements are in addition to the requirements of "Technical Intern Training (1)(b)".
- Technical Intern Trainees undertake training at the same Implementing Organization and in the same Skills as "Technical Intern Training (1)(b)", unless technical intern training cannot be performed at the same Implementing Organization for reasons not attributable to the relevant Technical Intern Trainee.
- Technical Intern Trainees have passed National Trade Skills Test Basic Grade 2 and other equivalent tests and examinations.
- Technical Intern Trainees plan to acquire further practical Skills based on a Technical Intern Training Plan.
(2) Requirements for Supervising Organizations and Implementing Organizations
Although the requirements for Supervising Organizations and Implementing Organizations are basically the same as those of "Technical Intern Training (i)(b)", the requirement that Supervising Organizations perform on-site instruction and lectures at Implementing Organizations one or more times per month does not apply to "Technical Intern Training (ii)(b)". In addition, Implementing Organizations may create a Technical Intern Training Plan for "Technical Intern Training (ii)(b)".
(3)Limitations on the number of accepted Technical Intern Trainees
There are no particular limitations on the number of Technical Intern Trainees for "Technical Intern Training (ii)(b)" at Implementation Organizations, except for on-board fishing (the number of Technical Intern Trainees (i) and (ii) must not exceed the number of crew members of the Implementation Organization).
(4)Duration of Residence
The duration of residence for "Technical Intern Training (ii)(b)" must comply with each of the following.
- The duration of residence for "Technical Intern Training (i)(b)" is one year or less.
- In the event the duration of stay for "Technical Intern Training (i)(b)" is nine (9) months or less, the duration of residence for "Technical Intern Training (ii)(b)" is roughly 1.5 times or less that of the duration of residence for "Technical Intern Training (i)(b)".
- The duration of residence for both "Technical Intern Training (ii)(b)" and "Technical Intern Training (i)(b)" is three (3) years or less.
Target transfer occupation and transfer evaluation
(1) Target transfer occupation and work for "Technical Intern Training (ii)(b)"
As of April 1, 2012, there are a total of 66 occupations and 121 work types after combining the occupations and work types of the National Trade Skills Test based on the Human Resource Development Promotion Act and the occupations and work types based on the public evaluation system approved by JITCO. Of these occupations and work types, the National Trade Skills Test accounts for 53 occupations and 84 work types and the public evaluation system approved by JITCO accounts for 13 occupations and 37 work types
Target transfer occupations for Technical Intern Training (ii)
(2) Evaluation for transferring to "Technical Intern Training (ii)(b)"
Technical Intern Trainees are required to clear the following evaluations and be determined to possess a "Good" Status of Residence in order to transfer from "Technical Intern Training (i)(b)" to "Technical Intern Training (ii)(b)".
- Evaluation of the results of "Technical Intern Training (i)(b)" After completing three (3) quarters of "Technical Intern Training (i)(b)", Technical Intern Trainees ((i)(b)) must be deemed to have acquired a certain standard (equivalent to the National Trade Skills Test Basic Grade 2) of Skills from the National Trade Skills Test or the public evaluation system approved by JITCO.
- Evaluation of Technical Intern Training Plan Technical Intern Training Plans for "Technical Intern Training (ii)(b)" to be submitted by Implementing Organizations accepting Technical Intern Trainees must be determined to be appropriately based on the evaluation (evaluation of the acquisition of Skills from 1.) of results from "Technical Intern Training (i)(b)".
Treatment of Technical Intern Trainees
(1) Treatment during the lecture period
Since employment agreements with Technical Intern Trainees are not effective during the lecture period, Supervising Organizations shall provide necessary living expenses to technical intern trainees without income during such period, and Supervising Organizations are required to disclose the amount of living expenses prior to technical intern trainees entering the country. Furthermore, accommodation is to be provided without charge. In addition, since Implementing Organizations are unable to issue orders to Technical Intern Trainees prior to their commencement of employment agreements, training activities must not be conducted on holidays without lectures or at night.
(2)Treatment during the period of "Technical Intern Training (i)(b)" (not including the lecture period) and "Technical Intern Training (ii)(b)" activities
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Identifying technical intern training conditions
Implementing Organizations are required to provide necessary explanations of relevant laws regarding the Technical Intern Training Program to Technical Intern Trainees (i) and specify the scheduled "Technical Intern Training (i)(b)" content, requirements regarding the transition to "Technical Intern Training (ii)(b)" and labour conditions during the training period in writing (in Japanese and the native language of the trainees).
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The appropriate execution of employment agreements
Implementing Organizations are required to create employment agreements in writing and issue notification of labour conditions (in Japanese and the native language of technical intern trainees) in order to clearly specify the subordinate position of Technical Intern Trainees, work times, wages and other labour conditions which exist to prevent problems in advance.
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Compliance with labour related laws, etc.
Implementing Organizations must comply with all laws and regulations which relate to accepted Technical Intern Trainees such as the Labour Standards Act, Minimum Wages Act, Workmen's Accident Compensation Insurance Act, Employment Insurance Act, Health Insurance Act, National Health Insurance Act, Welfare Pension Insurance Act and the National Pension Act. Furthermore, labour laws and regulations shall be applied in exactly the same manner as to general Japanese employees.
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The appropriate payment of wages
Implementing Organizations must pay all Technical Intern Trainee wages directly to the relevant person on the specified date each month. However, as an exception to currency payment, wages may be paid pursuant to (a) the execution of a bank transfer labour agreement, (b) written agreement with the relevant Technical Intern Trainee, (c) transfer into the account of the financial institution specified by the Technical Intern Trainee and in the name of such trainee, or (d) transfer into the account of a financial institution under certain requirements such as the attachment of a wage statement. In addition, the execution of a labour agreement is required in event to deduct expenses other than the deductions prescribed by law for the wage deduction which is an exception of wage payment. In such an event, only clearly identifiable expenses such as accommodation expenses may be deducted and such deduction amounts must not exceed the actual amount.
Furthermore, wages must not be lower than the minimum wage prescribed by each Prefecture (even though minimum wages generally apply in each region; however, specific minimum wages (according to the industry) may also be applicable).
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Treatment of work hours
As a general rule, the work hours of Technical Intern Trainees ((i) and (ii)) shall be a maximum of eight (8) hours per day and a maximum of 40 hours per week as prescribed in the Labour Standards Act. In the event Implementing Organizations require Technical Intern Trainees ((i) and (ii)) to work irregular hours or on holidays, Implementing Organizations must perform the specific procedures such as executing labour agreements and pay wage premiums for irregular hours.
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Health and safety and insurance
Since Technical Intern Trainees are unfamiliar and unaccustomed to the Japanese language, culture and customs, it is important that health and safety in the work place and everyday life of Technical Intern Trainees is ensured to a higher level than for Japanese people. Implementing Organizations have an obligation to return Technical Intern Trainees to their home countries and families without injuries and in a healthy condition. Therefore, it is necessary to promote the prevention of accidents and health maintenance measures centering on compliance with the industrial health and safety laws and regulations. In addition, Implementing Organizations are required to enter into social insurance schemes such as workers accident compensation insurance for accidents which occur in the workplace or while commuting, and health insurance and welfare pension insurance for compensating everyday injuries and illnesses, disability compensation and bereaved family member compensation. Also, Comprehensive Insurance for Technical Intern Trainees was developed as private accident insurance described in the "Guidelines on Entry and Residence Management of Technical Intern Trainees" (Ministry of Justice, immigration Bureau as, "Unfortunately, some technical intern trainees encounter unexpected accidents or become sick every year, therefore (snip) buying private accident insurance as complementary measures to buy public health insurance contributes to protection of technical intern trainees".
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Discussions with labour unions
Since Technical Intern Trainees are entering into an employment relationship, companies scheduled to accept Technical Intern Trainees are recommended to hold prior discussions with the relevant industry labour union in relation to the treatment of Technical Intern Trainees.
Evaluation of acquired Skills
Technical Intern Trainees ((i)(b)) who wish to transfer into "Technical Intern Training (ii)(b)" must be certified to have acquired a certain standard (equivalent to the National Trade Skills Test Basic Grade 2) of Skills by evaluation examinations based on the National Trade Skills Test or the public evaluation system approved by JITCO. The National Trade Skills Test examination system is a national testing system that publically certifies skill by testing the standard of skills possessed by workers. The National Trade Skills Test is conducted at Vocational Ability Development Associations in each Prefecture pursuant to the Human Resources Development Promotion Act. Furthermore, the evaluation examination system based on the public evaluation system approved by JITCO was accredited as a public evaluation system by the "Public Evaluation System Accreditation Conference" after the panel of experts deliberated matters such as evaluation standards, evaluation methods and the examination implementation system. This examination is conducted at examining organizations for each occupation.
Procedures regarding the transfer from Technical Intern Training (i) to Technical Intern Training (ii), etc.
(1) Conducting evaluations for the transfer to Technical Intern Training (ii)
Acquired Skills and Technical Intern Training Plans are required to be evaluated for transfers to Technical Intern Training (ii). Acquired Skills are evaluated after a technical skills examination is arranged in partnership with the relevant examining organization. Technical Intern Training Plans are evaluated in accordance with the evaluation standards. Furthermore, the appropriateness of the content is determined after considering on-site surveys and the opinions of specialists and advice and guidance is provided to Supervising Organizations and Implementing Organizations. The results are then reported to the Regional Immigration Bureau together with the results of the acquired Skills evaluation.
(2) Procedures for transferring to Technical Intern Training (ii)
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Application for transferring to Technical Intern Training (ii)
Technical Intern Trainees (i) intending to transfer to Technical Intern Training (ii) shall submit advance examination application information to the JITCO Regional Office up to five (5) months prior to the completion of Technical Intern Training (i) and apply to receive an evaluation of acquired Skills by providing the relevant Technical Intern Trainee's name, sex, country of origin, type of Skills to be acquired, the scheduled test and qualification examination to be undertaken in order to be transferred to Technical Intern Training (ii), the desired date of examinations and other necessary information to the JITCO Regional Office up to four (4) months prior to the completion of Technical Intern Training (i).
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Necessary documents for procedures to change Status of Residence
Technical Intern Trainees shall submit applications for permission to change Status of Residence in order to transfer to Technical Intern Training (ii) to the Regional Immigration Bureau in the jurisdiction of the relevant Technical Intern Trainee (i) one (1) month prior to the completion of Technical Intern Training (i).
In addition, in the event the check and application services by JITCO are used, the application documents shall be submitted to JITCO in the period between one and a half months to two (2) months prior to the completion of Technical Intern Training (i) (the same applies to procedures for changing Status of Residence).
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Documents relating to the relevant Technical Intern Trainee (i)
- Application form for permission to change Status of Residence
- Copy of passport and Residence Card (copy of Alien Registration Certificate)
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Documents relating to Supervising Organizations and Implementing Organizations
- Copy of Technical Intern Training (ii) Plans
- Copy of Technical Intern Trainee Dispatch Documents
- Copy of the contract executed between the Sending Organization and the foreign national (agreement)
- Copy of the employment agreement
- Copy of the employment conditions (copy of the labour conditions notification)
- Copy of the technical training instructor's history
- Copy of successful test scores
- Technical intern training/living conditions, etc., report
- Certificate of annual income and taxation amount
- Current Accepted Technical Intern Trainee Register (Implementing Organization)
- Current Accepted Technical Intern Trainee Register (Supervising Organization)
- Copy of Implementing Organization Register
- Applicant Register (Technical Intern Trainee (ii) and re-entry in Japan, etc.)
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(3)Procedures after transferring to Technical Intern Training (ii)
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Transfer report
In the event permission to change Status of Residence is granted, a Technical Intern Transfer Report must be submitted to the JITCO Regional Office within two (2) weeks of receiving permission.
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Necessary documents for procedures to renew Duration of Residence
An application for permission to renew the Duration of Residence must be submitted to the Regional Immigration Bureau up to one month prior to the expiration of the term of residence.
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Documents relating to the relevant Technical Intern Trainee (ii)
- Application form for permission to renew Duration of Residence
- Copy of passport and Residence Card (copy of Alien Registration Certificate)
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Documents relating to Supervising Organizations and Implementing Organizations
- Copy of Technical Intern Training (ii) Plans
- Technical intern training/living conditions report, etc.
- Copy of the employment agreement
- Copy of the employment conditions (copy of the labour conditions notification)
- Certificate of annual income and taxation amount
- Current Accepted Technical Intern Trainee Register (Implementing Organization)
- Current Accepted Technical Intern Trainee Register (Supervising Organization)
- Copy of Implementing Organization Register
- Applicant Register (Technical Intern Trainee (ii) and re-entry in Japan, etc.)
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Procedures after returning to home country
Completion report (after returning to home country)
Technical Intern Trainees who complete Technical Intern Training (ii) must submit a completion report to the Regional Immigration Bureau in each jurisdiction and the JITCO Regional Office after returning to their home country.
* Issuance of Technical Intern Training completion certificate
A completion certificate containing the content and duration of technical training, passed skills evaluation test, etc, shall be issued to Technical Intern Trainees who complete training (persons who have completed 80% or more of the scheduled term of Technical Intern Training (ii))
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