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ソリューション行政書士事務所

〒108-0075
東京都港区港南2-16-2太陽生命品川ビル28F
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Creation Of Tokutei Ginou

Creation of Specified Skilled Worker

 

 

1. What kind of "working activities" can foreigners do in Japan?

 

First of all, foreigners need a status of residence in order to stay legally in Japan.

The Immigration Control and Refuge Law stipulates 29 types of status of residence in the attached table.

 

The status of residence is roughly divided into two.

(1) Activity type qualifications  (2) Status type qualifications .

 

 

(1)About activity type qualifications

 

(1) Activity type qualifications (25 types) are categorized by focusing on the activities carried out in Japan.

Depending on each activity type, they can carry out the activities listed in the lower column of the Immigration Control and Refuge Law Table. 

They cannot receive income or compensation  for activities not listed there.

 

For example, if the status of residence is "Engineer/ Specialist in Humanities/ International Services" , they can engage in work based on a contract entered into with a public or private organization in Japan.

The work is limited to work that requires skills or knowledge in the field of physical science, engineering, or other natural science fields, or in the field of jurisprudence, economics, sociology or other humanities fields, or to engage in duties which require the ways of thinking or sensitivity founded on foreign culture.

 

Similarly, the status of residence "Skilled Labor" is limited to activities that require skilled skills belonging to a special field of industry.

 

In this way, (1) In the activity type qualification, so-called unskilled labor is referred to as "Student" and "Dependent" and "Designated Activities" .

You can only do it with permission for activities outside the status of qualification.

This non-qualified activity does not mean working and earning money in Japan, but envisions a so-called part-time job as a supplement to living expenses.

 

 

 (2) About status type qualifications

 

The status of residence in (2) is the "status" given to foreigners who are recognized as having a close relationship with Japan, and that "status" is the basis of the status of residence.

The "activities" are treated differently from (1), which is the basis of the status of residence.

 

In other words, in (2), there are no restrictions on the "activities" , and unskilled labor is also possible.

 

 

③ About the principle of employment of foreigners in Japan

 

In this way, as a general rule, foreign workers in Japan are designed so that only those with a certain level of expertise and skills can work.

 

 

2. Did the specific skill system open the door to unskilled labor for foreigners?

 

Based on this principle, the industrial fields in which it is difficult to secure human resources and therefore the shortage of human resources should be secured by foreigners (“Specific Industrial Fields”)

If the work was not professional and technical, I could not accept foreign "workers" and relied on part-time jobs of international students.

 

However, international students can only work 28 hours a week,

If you do not attend school (if you do not have enough days to attend), you will not be able to renew your status of residence and will be returned to Japan.

 

As a labor force, it is unstable.

 

Specified Skilled Worker have been created to solve this problem.

 

In other words, we have decided to accept a wider range of foreign workers in specific industrial fields.

 

So how are Specified Skilled Worker clearly defined?

 

 

Activities to engage in duties that require skills for which a considerable degree of knowledge or experience provided (Specific Skill Worker No. 1)

Or

Activities to engage in duties that require expert skills (Specific Skill Worker No.2)

 

 

The Government of Japan has only expanded the range of skill levels and has only included it in the "professional and technical fields".

 

(However, since it is permitted for Japanese people engaged in the relevant work to be incidentally engaged in related work that they normally engage in,

In effect, you will be able to engage in unskilled work as well. )

 

You can read the intention of not wanting to break the conventional principles.

 

In the first place, the reason for the legislation was to accept workers from overseas in the labor shortage industry (specific industry).

In the Diet over the revision of the law, it was argued that the specific skill was "immigration policy".

 

The government denies that it is an immigration policy, but it is also pointed out that it has avoided the word "immigrant", which has the image of leading to settlement, in consideration of conservative supporters.

 

In the future, it is also being discussed to expand specific industries that are currently limited to 14 industries .

 

If "business" as a leader at a convenience store is "included in the specialized and technical fields",

 

Isn't the typology that should have focused on a specific "industry" broken?

 

Because, no matter what "industry" you are, you should be able to recognize your expertise and technicality in your "business" as a leader.

 

In other words, it will be a major shift to the widespread acceptance of foreign workers.

 

And foreigners are not just labor force, but human beings with basic human rights,

 

They have a natural right as a human being, and that right is naturally guaranteed.

 

Depending on the operation of the specific skill worker system, the future of Japan will be questioned.

 

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〒108-0075
東京都港区港南2-16-2太陽生命品川ビル28F

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