The licensing criteria are intended to ensure the protection of foreign workers and independence from the accepting organization (受入れ機関). The requirements, which are stricter than those for supervising organizations under Technical Intern Training, are organized below by category.
Requirement 1: A Nonprofit Corporation in Japan
As a general rule, a Supervising and Support Organization must be a nonprofit corporation in Japan. Typical examples include business cooperatives and chambers of commerce and industry.
For-profit corporations, such as stock companies, generally cannot obtain a license. The corporation's legal form must be confirmed.
Requirement 2: Staffing with Full-Time Officers and Employees and Caseload Limits
To properly perform supervision and support duties, the organization must have at least 2 full-time officers or employees. It must also maintain a staffing structure appropriate to the number of companies and foreign nationals for which it is responsible.
Each full-time officer or employee may be responsible for fewer than 8 implementing organizations for Employment for Skill Development and fewer than 40 foreign nationals. Here, foreign nationals means foreign nationals participating in Employment for Skill Development.
As a general rule, there must be at least 2 implementing organizations for supervised Employment for Skill Development subject to supervision and support. Alternatively, there must be a reasonable expectation that there will be at least 2 promptly after the license is granted.
Note: Requirements for External Auditors
An external auditor must be a third party who does not have a close relationship with the Supervising and Support Organization or the accepting organization. This may include qualified professionals such as attorneys, certified labor and social security attorneys, and administrative scriveners, as well as persons with knowledge of the Employment for Skill Development System. They are required to complete a training course. The law prohibits involving a person who has a “close relationship” in an audit.
Requirement 3: Financial Standing, Independence, and Consultation Support
- Financial requirements: A financial foundation that allows the organization to continue operating is required, including not having liabilities exceeding assets.
- Independence: To maintain neutrality, restrictions are placed on the involvement in audits of officers and employees who have a close relationship with an accepting organization.
- Consultation support: A system must be in place to respond to consultations from foreign nationals participating in Employment for Skill Development in their native languages or other appropriate languages and to handle emergencies.
- Sending organization: If one is used, as a general rule, an organization accredited under a Memorandum of Cooperation (二国間取決め) (MOC) must be selected. Its information must be included in the application form.
An MOC means a Memorandum of Cooperation between 2 countries. When using a foreign sending organization, confirm that it is accredited under this Memorandum of Cooperation.
Depending on the sector, there may also be additional licensing criteria. These apply to sectors such as nursing care, industrial product manufacturing, automobile repair and maintenance, logistics warehouses, and fisheries.
In addition to the corporation's legal form, be sure to check the
staffing, auditing, financial standing, consultation support system, and sector-specific criteria.