Specified Skilled Worker, a new status of residence that began in 2019, has drawn attention, yet partly due to COVID-19, far fewer foreign nationals than the government expected have obtained this status and started working in Japan.

This article explains in detail the “pre-guidance” that is mandatory when accepting Specified Skilled Workers.

What Is the Pre-Guidance Required to Accept Specified Skilled Workers?

Pre-guidance means providing information to foreign nationals who will become Specified Skilled Workers—before applying for a Certificate of Eligibility for the Specified Skilled Worker status of residence, or before changing to that status—on the contents of the Specified Skilled Worker employment contract, activities they may perform in Japan, conditions for entry and residence, and other matters requiring attention.

Pre-guidance must be conducted for at least three hours, and proper implementation is also checked when applying for the Specified Skilled Worker status of residence.

Applications may sometimes pass review even if conducted in less than three hours; even then, proper implementation is required, and additional confirmation materials may be requested to show that the Specified Skilled Worker fully understood the content.

As for the method, it may be conducted not only in person but also via videophone or other means. For example, when providing pre-guidance to a foreign national who is not currently in Japan, it is possible to use Zoom or similar tools.

Who Conducts Pre-Guidance?

Pre-guidance is to be conducted by the accepting organization that employs the Specified Skilled Worker. If the accepting organization cannot conduct it, it may entrust pre-guidance to a Registered Support Organization.

※ If pre-guidance is entrusted to a Registered Support Organization, all other mandatory support matters (such as the living orientation and other items required when employing Specified Skilled Workers) must also be entrusted to that Registered Support Organization.

Content That Must Be Covered in Pre-Guidance

Explanation of the Duties the Specified Skilled Worker Will Perform, the Amount of Remuneration, and Other Working Conditions

Based on the statement of working conditions, you must clearly explain the specific tasks the worker will perform at the workplace where they will work as a Specified Skilled Worker, the actual amount of remuneration paid as monthly, hourly, or daily wages, whether there are bonuses or pay raises, and holidays and leave, so there are no misunderstandings after employment begins.

Activities the Specified Skilled Worker May Perform in Japan

In Japan, Specified Skilled Workers may not engage in work other than the job permitted under their Specified Skilled Worker status of residence.

Working outside the permitted duties constitutes unauthorized activity and is punishable by law, so this must be fully understood.

Explanation of Procedures the Specified Skilled Worker Must Complete Before Entry

Specified Skilled Workers must receive a complete explanation of matters they must complete before entry (such as embassy procedures in their home country) and requirements under the then-current COVID-19 measures (such as specially established rules to follow, including the Residence Track).

Explanation That No Security Deposit or Other Money or Property Will Be Managed by Others, and That No Contract Imposing Penalties for Breach if the Employment Contract Is Interrupted Midway, or Any Other Contract Unjustly Confiscating Money or Property, Will Be Made

For any reason whatsoever, Specified Skilled Workers may not be charged a security deposit or enter into a penalty contract for breach of contract.

Not only must the company employing the Specified Skilled Worker refrain from such collections or contracts; all related parties, including intermediary organizations, are also prohibited from doing so to Specified Skilled Workers. The fact that these practices are illegal must be clearly explained to the Specified Skilled Worker as well.

If the Specified Skilled Worker Pays Money to an Organization in Their Home Country for Application Intermediation or Other Procedures, They Must Fully Understand the Amount and Breakdown and Have Agreed with That Organization

Collecting fees from the individual for assistance with procedures to become a Specified Skilled Worker or for job placement is not prohibited, but if fees are collected, the amount and breakdown must be clearly explained in advance and agreement obtained.

Explanation That Support-Related Costs Must Not Be Borne Directly or Indirectly by the Worker

Companies accepting Specified Skilled Workers may entrust mandatory support and related services to a Registered Support Organization, and in that case it is common to make monthly payments to the Registered Support Organization as support fees.

Collecting these Registered Support Organization fees from the Specified Skilled Worker is prohibited, so this is also explained to the individual.

Explanation That the Accepting Organization Must Provide Pickup and Drop-Off at the Port or Airport upon Entry

One of the mandatory support measures for Specified Skilled Workers is pickup and drop-off from the airport or similar location upon entry.

Because this pickup and drop-off is mandatory, it must always be provided upon entry. Some Specified Skilled Workers arrive without knowing this, so an explanation is required to ensure they understand the rules at entry.

Support to Secure Appropriate Housing

To enable Specified Skilled Workers to work with peace of mind, housing that properly reflects their preferences must be provided. In advance, either hear their preferences regarding distance from the company and monthly rent before contracting an apartment, or, if company dormitories already exist, clearly explain the conditions upon occupancy so there are no misunderstandings later.

In addition, initial costs incurred when securing housing (such as security deposits and key money) may not be borne by the Specified Skilled Worker.

A System Is in Place to Receive Consultations or Complaints Regarding Daily Life or Social Life

While working in Japan as a Specified Skilled Worker, there must be a system through which they can consult about dissatisfaction or difficulties in daily life or at the workplace.

During pre-guidance, clearly explain how consultations can be made and the means of contacting the counselor, and put an environment in place so that it does not lead to the Specified Skilled Worker absconding.

Points to Note When Conducting Pre-Guidance

Pre-guidance must be conducted in a language the prospective Specified Skilled Worker can fully understand. Conducting it in Japanese is not prohibited, but it is normally conducted in each person’s native language.

Therefore, care is needed to conduct pre-guidance either through an interpreter or by a staff member who speaks the Specified Skilled Worker’s native language.

Although we have explained the methods of pre-guidance above, the content of pre-guidance is not prescribed in strict detail, and submission of the former pre-guidance confirmation form is no longer required.

That does not mean pre-guidance may be neglected, so cover the required items and implement it properly.

Summary

We have explained the pre-guidance that is mandatory before accepting Specified Skilled Workers.

Pre-guidance must be carried out thoroughly, covering the key points, so that Specified Skilled Workers do not find after starting work that things differ from what they were told.

To help both the accepting organization and the Specified Skilled Worker build a good relationship over a maximum employment period of five years, please fully understand the content of this article and conduct pre-guidance accordingly.

This article explains the content of pre-guidance in detail.