On-the-job training system
An on-the-job training system is conducted to ensure that trainees become more proficient in a practical and business-oriented manner in their techniques, skills and knowledge, which they acquire by training during a maximum time of three years, together with the training period, under their employment relationship.
Resident status, for the purpose of the Immigration Control Law, is Designated Activities.
1.Requirements for on-the-job trainees
Persons who satisfy all of the following conditions:
| (1) | Persons who have completed training in respect of a job category and work for which on-the-job training can be implemented; |
| (2) | Persons who return to their home country after their completion of on-the-job training and have plans to engage in businesses for which they can make good use of techniques and skills that they acquire in Japan; |
| (3) | Persons for whom it is considered, judging from their visa status, that achievement in line with the objectives of the on-the-job training program can be expected; |
| (4) | Persons who desire to acquire more practical techniques or skills by carrying out on-the-job training, based on an employment contract. |
2.Organizations that can accept on-the-job trainees
Organizations in which on-the-job training can be implemented are companies or other entities that satisfy all of the following requirements:
| (1) | Content of on-the-job training involves techniques and skills of the same category as training activity; |
| (2) | On-the-job training is implemented by the same entity as the accepting company in which training activities are carried out; |
| (3) | An employment contract that sets forth remuneration, which is equal to or higher than the salary of Japanese employees is paid, is concluded between applicants for on-the-job training and the accepting company or others. |
| (4) | An accepting company or other entity secures accommodation facility for trainees of on-the-job training and takes measures to ensure that they return to their home country, such as security of traveling expenses for returning home. |
| (5) | Organizations that implement on-the-job training or their owners or managers have not committed any illegal act in connection with training, on-the-job training or employment of foreigners in the past three years. |
3.Jobs and work for which on-the-job training can be implemented
Subject jobs for the technical skill test, based on the Occupational Skill Development Promotion Law, or jobs based on the skills evaluation system approved by JITCO, that consist of 62 jobs (114 types of work) in the industry areas of agriculture, fisheries, construction, manufacturing and so on.
4.Period of stay
The total period of training and on-the-job training is up to three years.
The period of on-the-job training allowed is within a duration of approximately 1.5 times as long as the training period; provided, however, that this is not applicable if the training period is longer than nine months.
In the case of on-the-job training a period which is relatively short (less than six months) is not allowed.
5.Evaluation of transition from training to on-the-job training
All of the following three criteria must be met in order that the transition to on-the-job training is authorized:
(1)Evaluation of training achievements
At the time when approximately five-sixths (5/6) of the total training period has elapsed, trainees are recognized by a technical skill test conducted by the Government or an evaluation system, which utilizes a test of an organization approved by JITCO (Japan International Training Cooperation Organization) that they have acquired techniques and skills that are equal to or higher than a certain level (equal to the basic second-grade of the technical skill test conducted by the Government).
(2)Evaluation of residence status
The status of training and living is recognized to be good.
(3)Evaluation of on-the-job training plan
The on-the-job training plan, submitted by accepting companies or others, that accepts trainees is recognized to appropriately reflect the training achievement.
6.Responsibility of on-the-job training implementing organizations
Since on-the-job trainees receive remuneration based on the employment relationship with the accepting company and fall under the category of workers for purposes of the Labor Standards Law, relevant laws and regulations relating to labor, those relating to labor and social insurance and so on, are applicable to them similarly to ordinary workers. Accepting companies must comply with these.
7.Treatment of on-the-job trainees
(1)Delivery of written notice of working conditions to on-the-job trainees
Accepting companies or others are required to notify on-the-job trainees in writing of their treatment concerning the contents of on-the-job training, working hours, wages and so on for purposes of preventing trouble or ensuring appropriate treatment. This written notification is given in the employment contract or a “Written Notice of Working Conditions for Foreigners” in various languages.
(2)Treatment of working hours
With respect to working hours of on-the-job trainees, the principle of eight hours per day and 40 hours per week applies, based on the Labor Standards Law. If accepting companies or others cause on-the-job trainees to work overtime or exceed such limit, predetermined procedures must be taken pursuant to the provisions of law, and the payment of overtime wages become necessary.
(3)Proper payment of wages
Accepting companies or others must pay wages to on-the-job trainees in consideration of the work done by them. Such wages must be paid in full, in accordance with the Labor Standards Law, directly to the on-the-job trainees themselves, in cash, on a fixed date every month. If paid into a bank account, the agreement of trainees themselves is required. A passbook, seal and cash card must be kept by trainees themselves. Furthermore, in the case of withholdings, other than statutory withholdings such as taxes or social insurances, for example withholding of housing expense, it is necessary to conclude a labor-management agreement.
(4)Other treatment of on-the-job trainees
On-the-job trainees are workers, and if a work-related accident or sickness arises, they are eligible to receive worker’s accident compensation as run by the Government. In case of accident or sickness outside of work, the health insurance run by the Government is applicable. In any case, the accepting companies or others are required to bear in mind that they must enroll in the social insurance and labor insurance as run by the Government. (With respect to insurance premium, only labor accident compensation insurance must be paid by accepting companies or others and premiums for other insurance run by the Government are paid equally by labor and management.)
