Specified Skilled Worker (Caregiving): Headcount Limits and Full-Time Staff Calculation

As Japan’s caregiving industry continues to face a severe labor shortage, more facilities are turning to the Specified Skilled Worker (Caregiving) program to employ foreign workers.
However, when it comes time to move forward with hiring, many facilities encounter questions about the allowable number of foreign workers and how to calculate the required number of full-time staff.

This article clearly explains the receiving capacity limits for foreign workers in the caregiving field under the Specified Skilled Worker program, as well as the definition of full-time staff necessary for calculating these limits.
By gaining a proper understanding of the relevant rules and calculation methods, employers can confidently make use of the system and ensure a stable, compliant working environment for foreign personnel.

There Are Limits on the Number of Foreign Workers Accepted Under the Specified Skilled Worker Program in the Caregiving Field

When employing foreign workers under the Specified Skilled Worker program in the caregiving field, there are defined limits on the number of individuals that can be accepted. Specifically, the number of foreign workers must not exceed the total number of full-time Japanese or equivalent caregiving staff at each individual facility.

This section explains the details of these capacity limits and the method used to calculate them.

Headcounts Must Be Calculated Separately for Each Individual Facility

As a general rule, headcounts are not calculated on a corporate-wide basis but are instead determined separately for each individual facility.
The term “facility” here follows the definition set forth in the Long-Term Care Insurance Act, meaning that each designated facility is counted individually based on the specific type of service it provides.

Even if multiple facilities operate under the same corporation or are located on the same premises, each one is required to independently manage its own foreign worker headcount.

Definition of “Japanese or Equivalent” Personnel

The category of “Japanese or equivalent” personnel includes more than just full-time caregiving staff with Japanese nationality.
It also encompasses individuals such as EPA-certified care workers who have passed the national examination, foreign nationals residing in Japan under the Caregiver visa status, as well as those holding status-based residence permits like Permanent Resident or Spouse or Child of Japanese National.

Conversely, foreign caregiving workers employed under visa statuses such as Specified Skilled Worker, Technical Intern Training, or EPA candidate care workers are not included in the headcount for staffing limits, even if they are employed full-time.

Definition of “Full-Time Status”

Under the definition of full-time status, caregiving staff included in the headcount for capacity limits must be full-time employees whose primary duties involve caregiving or related tasks.

This definition encompasses not only standard full-time employees, but also daily or monthly wage workers who consistently work the same hours as full-time staff.

It is important to note that the number of full-time staff should not be calculated using a full-time equivalent (FTE) method. Instead, facilities must directly count the actual number of continuously employed staff members who are primarily engaged in caregiving duties.

Scope of “Caregiving Staff”

For the purpose of calculating headcount limits, the scope of caregiving staff is restricted to full-time employees whose primary duties involve caregiving or related tasks.

Therefore, administrative personnel, employment support staff, and nursing professionals such as registered nurses and licensed practical nurses working at caregiving facilities are not included in the count.

However, in medical institutions, nursing assistants who provide daily living support to residents—such as meals, bathing, and toileting—under the supervision of registered or licensed practical nurses, as well as the supervising nurses themselves when working on the same ward, may be counted as caregiving staff for this purpose.

These criteria are established to ensure that staffing figures are accurately determined based on the actual roles and responsibilities performed by each occupational category.

Calculating Headcount for Employees Working at Multiple Facilities

For caregiving staff who work across multiple facilities, they must be counted toward the headcount of only one specific facility. It is not permitted to count a single employee multiple times across different locations.

While there are no strict regulations specifying which facility should include the employee in its headcount, it is generally appropriate to allocate them to the facility where they primarily perform their duties.

What Happens If the Number of Specified Skilled Workers Exceeds the Total Number of Full-Time Caregiving Staff?

There may be situations in which multiple Japanese staff members resign, resulting in the number of Specified Skilled Workers exceeding the total number of full-time Japanese or equivalent caregiving staff.

In such cases, the facility may be prohibited from accepting additional Specified Skilled Workers, and current foreign employees may face the denial of their residency renewal applications.

To address this, employers must take prompt action to replenish the number of Japanese or equivalent staff in order to remain compliant with the headcount requirements.

Is It Necessary to Submit Notifications or Reports to Immigration Authorities?

If the number of Specified Skilled Workers exceeds the total number of full-time Japanese or equivalent caregiving staff, you must promptly explain the situation to the Immigration Services Agency.

Employers hiring Specified Skilled Workers are required to submit a written pledge during the residency application process, stating that the number of foreign workers will not exceed that of full-time Japanese or equivalent staff. If this condition can no longer be met, it is necessary to report the change in circumstances to the authorities without delay.

Is It Acceptable to Dismiss Foreign Workers Solely to Adjust Headcount?

If a Specified Skilled Worker is dismissed solely to maintain compliance with headcount limits, the accepting organization will no longer meet the requirement of having had no involuntary separations within the past year.

Failure to meet this condition may result in the denial of both new applications for acceptance and residency renewal requests for existing Specified Skilled Workers.

Terminating employment for the sole purpose of adjusting staff numbers is strongly discouraged, as it may lead to a complete suspension of the organization’s eligibility to host Specified Skilled Workers.

Summary

In this article, we provided a detailed explanation of the fundamental rules governing foreign worker quotas in the Specified Skilled Worker (Caregiving) category, including how headcounts are calculated per facility, the definitions of full-time status and Japanese or equivalent personnel, and the potential consequences of exceeding the quota.

For facilities accepting foreign workers, having a clear understanding of the system and the key operational considerations is essential to maintaining a stable employment environment.

If you are planning to utilize the Specified Skilled Worker system to hire foreign caregiving staff, it is critical to confirm your current staffing structure and accurately calculate your quota in advance to prevent unexpected issues. Should you encounter difficulties in meeting the requirements, be sure to consult with professionals or relevant authorities promptly and take appropriate action without delay.

Supervisor’s Comment

The Specified Skilled Worker program in the caregiving field was established to address the ongoing labor shortage, and therefore allows for a larger acceptance quota compared to the Technical Intern Training Program.

However, the severity of labor shortages varies depending on the region and the type of caregiving services provided, meaning that in some cases, facilities may reach the upper limit of their allowable headcount.

In such situations, it is advisable to consider utilizing foreign workers who hold residence statuses not subject to quota restrictions, such as Permanent Residents, Long-Term Residents, international students (part-time), or family members of residents (part-time).