
SKILLS & APPRENTICESHIPS
Sending Frameworks for Specified Skilled Worker: How Effective Are Bilateral Agreements?
The Japanese government has amended the law governing the acceptance of foreign nationals under the Specified Skilled Worker program in order to exclude unscrupulous intermediary businesses among sending organizations.
(*Sending organization = an organization that recruits people who wish to work in Japan or foreign nationals who wish to acquire skills and knowledge in Japan and sends them to Japan)
The amendments include a commitment to conclude bilateral memoranda of cooperation between sending countries and Japan, and to share information and ensure proper operation. (See below: 12 countries that have concluded memoranda of cooperation)
◇◇12 countries that have concluded memoranda of cooperation
Philippines, Cambodia, Nepal, Myanmar, Mongolia, Sri Lanka,
Indonesia, Vietnam, Bangladesh, Uzbekistan, Pakistan, Thailand
http://www.moj.go.jp/nyuukokukanri/kouhou/nyuukokukanri05_00021.html
↑Ministry of Justice website / Bilateral memoranda of cooperation on Specified Skilled Worker
One reason why the securing of international talent under Specified Skilled Worker has grown more slowly than expected is the problem of sending organizations that operate improperly, and there have been cases in the past of technical intern trainees and accepting organizations being deceived by fraudulent sending organizations. Going forward, the sending of new international talent is expected to improve through bilateral agreements.
In addition to preventing unscrupulous intermediaries, bilateral agreements also provide a legal framework that can help protect the human rights of foreign workers and reduce the number of absconders.
●Country-by-country situations regarding sending frameworks
Bilateral agreements differ in their arrangements by country.
(JITCO reference: https://www.jitco.or.jp/ja/skill/send.html )
◇Philippines
http://www.moj.go.jp/content/001312544.pdf
↑List of certified sending organizations
Employment contracts are concluded through sending organizations certified by the Philippine government.
If the accepting organization accepts five or fewer people, direct employment is possible.
◇Cambodia
http://www.moj.go.jp/content/001310656.pdf
↑List of certified sending organizations
Employment contracts are concluded through sending organizations certified by the Cambodian government.
◇Nepal
Sending is conducted through a Nepalese government agency.
◇Myanmar
http://www.moj.go.jp/content/001315724.pdf
↑List of certified sending organizations
Employment contracts are concluded through sending organizations certified by the Myanmar government.
◇Mongolia
Sending is conducted through a Mongolian government agency
◇Sri Lanka
Employment contracts are concluded through sending organizations certified by the Sri Lankan government.
The list of certified sending organizations has not been made public.
◇Indonesia
The bilateral arrangement does not include provisions regarding sending organizations.
It is recommended that job openings be registered in IPKOL (labor market information system) operated by Indonesia’s Ministry of Manpower, and that candidates be selected through it.
◇Vietnam
Employment contracts are concluded through sending organizations. The list of certified sending organizations has not been made public.
◇Bangladesh
The bilateral agreement does not include provisions regarding sending organizations.
◇Thailand
Employment contracts are concluded through sending organizations.
◇Uzbekistan
The bilateral agreement does not include provisions regarding sending organizations.
◇Pakistan
The bilateral agreement does not include provisions regarding sending organizations.
Given the current situation in which there are discrepancies in how the Specified Skilled Worker system is being developed between countries, the conclusion of bilateral agreements is expected to be effective as a legal framework for realizing the smooth operation of the Specified Skilled Worker system.
