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Employment of Foreigners Changing with the Training and Employment System: The Role of Gyoseishoshi Lawyers in Supporting Companies and Foreigners

training and employment
Employment of Foreigners Changing with the Training and Employment System: The Role of Gyoseishoshi Lawyers in Supporting Companies and Foreigners

Voice Explanation

Scheduled to take effect on April 1, 2027.system for training and employmentis a change in the acceptance of foreign human resources from "international contribution" to "Developing and securing human resources in areas where there is a shortage of laborThis is a major institutional reform for Japan that will clearly shift the country to a "new system. The following is a list of the most common problems with the

With the introduction of this new system, new procedures and obligations will be imposed on companies (implementers of training and employment) and institutions that support foreign human resources. Here, we explain the important role that Gyoseishoshi Lawyers play as navigators of this complex system.

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1. understanding of the purpose and basic structure of the system

The fostering employment system is a system that allows foreigners to work in Japan3 yearsThe purpose of this program is to work and acquire skills at the level of specified skill No. 1 during the course of employment. The following is a list of the most common problems with the

  • Objective.: Training and Employment Industry Sector（In the areas of the specified skills system, where it is appropriate to have employees acquire skills through work, we aim to develop and secure human resources.
  • flow: Foreign nationals may be eligible for longer-term "fostered employment (3 years)" if they meet the requirements for skills and Japanese language proficiency.Specified Technical Skills No. 1 (5 years)It is possible to move to the "M" or "H" side of the screen.
  • Japanese Language Proficiency: By the start of employmentJapanese Language Proficiency A1 or equivalentPassing a Japanese Language Proficiency Test (JLPT N5, etc.) or taking an equivalent Japanese language course is required.

2. obligations of companies: increasingly complex "plan approval" and "supervision" procedures

Companies accepting foreigners under the new system (Fostering Work ImplementerThe most significant challenge facing the (GYPS) is dealing with the following two new procedures. Gyoseishoshi Lawyers will be able to help with theseCumbersome application processThe company will take on the responsibility of

(1) Application for approval of a training and employment plan on behalf of the client

Companies are required to provide a "per-foreigner"training and employment planand create a "________",Organization for the Training and Employment of Foreignersmust be certified by the The following is a list of the most common problems with the

  • business: The plan must include specifics such as the three-year period, training goals (work, skills, Japanese language proficiency, etc.), and content, and expertise is essential for receiving certification.
  • Role of the Administrative LawyerWe will check whether the company's training objectives match the certification criteria of the program, prepare a plan, and submit the application to ETIC on behalf of the company.

(2) Application for Supervisory Support Organization license on behalf of the client

which replaces the traditional "supervisory body."supervisory support organizationThe "Training and Employment Department" is responsible for auditing the proper implementation of the training and employment program. The following is a list of the most common problems with the

  • business: Supervisory support agencies arelicense systemThe criteria for obtaining a permit will become stricter. Consulting on procedures to obtain these permits and organizational structures is an important part of the work of an administrative scrivener.

3. development of status of residence and conditions that support the transfer of foreign nationals

Under the training and employment system, if certain requirements are met, a foreigner can work at his or her own will.transfer of residence(job change) will now be allowed. This is an important change to protect your rights as a foreign worker.

🔑 Requirements for transfer (administrative support area)

In order for a transfer to be approved, the foreign national must meet the following criteria The following is a list of the most common problems with the

  • skill level: Basic level of proficiency test, etc.orSpecified Skill 1 Evaluation TestThe applicant must pass the
  • Japanese Language Proficiency: Japanese Language Proficiency A2 or abovePass the JLPT's N4 exam (or similar).
  • business: In addition to assisting with post-transfer status procedures, Gyoseishoshi Lawyer can also assist foreign nationals themselves with the necessary procedures for transferring.Japanese language proficiency (A2 equivalent) and skillsThe program can provide advice on the establishment of an educational system at the host institution so that the student can achieve the following

4. enforcement schedule: preparation is key now

The training and employment system isJune 21, 2024The law is promulgated on a date to be specified by a Cabinet Order within three years of the date of promulgation (hereinafter referred to as the "date of promulgation").Scheduled for 2027(1) will be enforced in the following manner The following is a list of the most common problems with the

Notable,In 2026, prior application for permission of supervisory support organization, etc. will be required.is that a new program is scheduled to be launched The following is a list of the most common problems with the

For companies and organizations seeking to establish a supervisory support organization, the professional support of an administrative scrivener is indispensable even before the law comes into effect in order to smoothly obtain permits and accreditation in compliance with the new system.

Gyoseishoshi Lawyer in this new system of training and securing foreign human resources,Compliance with Laws and Regulations and Smooth Residency Proceduresto make it happen.specialistwill play an increasingly important role in the future as a

Revision of the Administrative Scrivener Law: Clarification of measures against unqualified persons and strengthening of penalties (related to Article 19)

Among the amendments to the Gyoseishoshi Law that will go into effect on January 1, 2026, the change regarding the provisions restricting the practice of administrative scriveners by unqualified persons (non-gyoseishoshi scriveners) is extremely important for the protection of the administrative scrivener industry and the public.

1. clarification of business limitation provisions

Clarification of the definition of remuneration In the current revision, the provision (Article 19) prohibiting a person who is not an administrative scrivener from engaging in the exclusive business of an administrative scrivener (preparation of documents, etc. to be submitted to public offices) as a business has been further clarified as follows. Before Amendment After Amendment (Article 19, Paragraph 1 of the New Law) A person who is not an administrative scrivener may not perform the services prescribed in Article 1-2 for remuneration. (2) A person who is not an administrative scrivener may not perform the services prescribed in Article 1-2 for remuneration under any name whatsoever.

🔑 Impact and point "by any name whatsoever" added

To date, unqualifiedConsulting Fees, Membership Fees, Instructional Fees."In some cases, there have been attempts to avoid illegal activities by receiving substantial consideration for the preparation of documents under the name of "compensation" or the like. This amendment clarifies that even if the consideration received is not in the form of "remuneration," as long as it is substantially compensation for administrative scrivener services, it is an illegal non-administrative scrivener act.

This provision will make the legal crackdown on malicious and unqualified contractors easier and more certain, preventing the public from being unfairly disadvantaged by unprofessional or fraudulent practices.

2. strengthen penalties and double penalties

Along with the clarification of the provisions restricting business, the penalties for illegal acts by unqualified persons have also been strengthened. Penalties have been strengthened: from "imprisonment for not more than one year or a fine of not more than one million yen" to "imprisonment for not more than one year or a fine of not more than one million yen",'imprisonment for not more than three years or a fine of not more than 3,000,000 yen.(Article 20 of the new law). (2) Provision of Double Penalty: The new law provides that when a corporation commits an illegal act, not only the offender (e.g., an employee) but also the corporation itself may be fined (Article 22 of the new law).

🔑 Increased impact and point deterrence

The significantly stricter penalties dramatically increase the risk and deterrent effect of conducting business without a license.

Dealing with organized and malicious vendors

The development of both penalty provisions will strengthen the crackdown on malicious corporations and organizations that systematically and repeatedly engage in unqualified conduct, thereby ensuring public confidence.

🛑 Impact of the Law Amendment and the Prohibition in Principle on the Preparation of Residential Status Application Documents by Registered Assistance Agencies

Registered support agencies will no longer be able to apply for status of residence for specified skills.

◎Original Scope of Business of Registered Support Agencies
In the specified skills system, the original role of a registered support organization is to provide support for theImplementation of the Support Plan for Specified Skilled Foreigners."It is. This includes pre-arrival orientation, assistance in securing housing, opportunities to learn Japanese, and lifestyle counseling.

On the other hand,Preparation of documents for application for status of residence" is defined as the exclusive business of Gyoseishoshi Lawyers or attorneys, according to Article 19 of the Gyoseishoshi Law. It is not included in the duties of registered support organizations.

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