The Specified Skilled Worker system establishes freedom to change jobs as a measure that respects the rights of foreign workers.

Job changes became permitted under Specified Skilled Worker status against a backdrop of problems such as disappearances and workplace abandonment among technical intern trainees who were not allowed to change jobs. The new Specified Skilled Worker system was therefore designed with consideration for foreign workers’ rights. (Technical intern trainees are now permitted to change jobs.)

Job changes within the same industry have been possible since April 2020, and changes to a different industry since September 2020.

Freedom to change jobs offers one way out for foreign nationals who cannot maintain ongoing employment due to mismatches in working conditions or the workplace environment. However, to address foreign nationals who join with a job change already in mind and to prevent problems that can arise from job changes, the Specified Skilled Worker system includes rules that act as barriers for foreign nationals.

To carry out a job change under these barrier rules requires time and effort comparable to obtaining a status of residence again, and means advancing through a highly demanding process. That process involves finding an employer through a staffing agency or a Registered Support Organization, then completing the status of residence application period before the job change is finalized.

What is difficult for foreign nationals is understanding how to prepare the documents required by the authorities and how to apply. Because this series of procedures cannot be completed without an intermediary, the risk that unscrupulous intermediaries will enter the picture can further raise the hurdles to changing jobs.

For employers, on the other hand, job changes by Specified Skilled Workers after hiring are also a concern. To avoid job changes and achieve long-term employment, it is important to present a career path and set aside time for both sides to discuss working conditions.

Employers must also meet the essential condition of paying at least the minimum wage required for workers, including from a productivity standpoint.
(The Ministry of Justice stipulates that the wage level for Specified Skilled Workers must be equal to or higher than that of Japanese workers.)

Four Barriers to Job Changes for Specified Skilled Workers

When a Specified Skilled Worker seeks to change jobs, the hurdles that arise in the process can be explained in four points.

● On the “self-restraint rules against poaching”

The Ministry of Justice has presented measures to prevent Specified Skilled Workers from concentrating in major metropolitan areas or specific regions. It requests self-restraint regarding hiring skewed toward certain regions or large companies in the 14 Specified Skilled Worker fields, and regarding poaching of talent within industries.

Because it is not clear how far “poaching” of foreign workers extends, the ambiguous request risks slowing employers’ actions and affecting the flow of foreign hiring. A clearer definition of “poaching” with respect to Specified Skilled Workers is expected to be announced.

● On restrictions on part-time work

When a Specified Skilled Worker begins a job search, part-time work during that activity is not permitted. During the period of applying for a change of status of residence, they have no income, making remittances to their home country difficult as well.

Leaving one’s current job before searching for a new one is a high-risk approach for foreign nationals. To carry out a job change, they also need to understand the time required during the application period, their income and expenses, and the fact that part-time work is not allowed.

● Be prepared for the possibility that the application is denied

If an application to change status of residence is not approved, the status of residence is lost and the person must return to their home country. Specified Skilled Workers need to understand what happens if the application is not approved before they begin a job search.

● The status application period takes two to three months

When a Specified Skilled Worker changes jobs, the application period takes approximately two to three months. Looking at the full job-change period—from leaving the current job through the job search, procedures with the new employer, and the application to change status of residence—it is necessary to think in terms of a long time frame. However, for foreign nationals who have no income during this application period after resignation and little financial leeway, it is advisable to carefully consider how worthwhile a job change without income really is before taking action.

● Renewal of status of residence and job-change activity

When a Specified Skilled Worker wishes to change jobs, they submit an application to change status of residence to the Immigration Services Agency of Japan. If this application is not completed by the renewal expiration date of their Specified Skilled Worker status, they must return to their home country.

When a Specified Skilled Worker carries out a job change, they need to begin activity only after considering the renewal date of their status of residence and the number of days required for the job-change application.

Procedures for Changing Jobs

Procedures for changing jobs are required at both the company the worker leaves and the new accepting organization they join.

※ Procedures by the former accepting organization after resignation
Two notifications are required: the “Notification Concerning the Specified Skilled Worker Employment Contract” and the “Notification Concerning Difficulty in Acceptance.”

※ Procedures by the new accepting organization
It is necessary to file an “Application for Permission to Change Status of Residence.”

※ Procedures by the individual
Within 14 days, the foreign national themselves must submit a “Notification Concerning the Affiliated Organization” to the Immigration Services Agency of Japan.

Freedom to change jobs is a progressive system related to the rights of Specified Skilled Workers. However, for those who wish to change jobs to actually move to a new workplace under this system, measures addressing the status of residence application period and the economic burden during the job search are needed. For employers, whether they present a career path that leads to long-term employment is a key point.

So that job changes by Specified Skilled Workers do not easily become a major trend, employment systems with well-organized working conditions and workplace environments are desired.