Many employers are particularly interested in hiring foreign nationals with Specified Skilled Worker status and wonder whether they can employ these workers through more flexible arrangements such as part-time or temporary agency positions to simplify the hiring process.
This article provides a clear explanation of the available employment options and legal restrictions when hiring foreign workers in the Specified Skilled Worker “Care Work” field.
We will specifically discuss whether temp agency and part-time employment are permitted under the Specified Skilled Worker program, as well as how this differs from other visa categories. If you are considering hiring foreign workers, this guide will serve as a valuable reference for your decision-making process.
Table of Contents
Specified Skilled Worker “Care Work” Requires Full-Time Employment as a General Rule
When hiring foreign nationals under the Specified Skilled Worker “Care Work” visa status, the system requires full-time and direct employment as mandatory conditions. Specifically, workers must work at least 30 hours per week, plus 217 days or more annually and 5 days or more per week.Part-time or short-hour employment contracts that do not meet these requirements are not eligible for the Specified Skilled Worker visa status. Therefore, there are certain limitations when it comes to choosing employment arrangements.
The Specified Skilled Worker program was designed to address chronic labor shortages, and employment intended for short-term or supplementary work purposes falls outside the scope of this system.
Employment Possible Without Regular Full-Time Employee Status
The term “regular full-time employee” generally refers to employees with indefinite-term contracts that have no specified end date.In contrast, the Specified Skilled Worker Type 1 visa status has a maximum stay period of 5 years in total, making fixed-term employment contracts the standard arrangement. Therefore, even with a fixed-term contract, visa status can be obtained as long as the full-time work requirements are met.
When applying for Specified Skilled Worker visa status, whether the employment contract is indefinite-term or fixed-term is not subject to review in the application process.
Compensation Must Be Equal to or Higher Than Japanese Workers
The Specified Skilled Worker system requires employers to provide foreign workers with wages and benefits equal to or higher than those offered to Japanese workers.This standard is established to prevent unreasonable treatment differences based on nationality.
While differences in wages and allowances due to varying years of service or qualifications held are permitted, unfavorable treatment in terms of wages and benefits based solely on being a foreign national is not allowed.
Temp Agency Employment Is Not Permitted for Specified Skilled Worker “Care Work”
In the care work field under the Specified Skilled Worker program, hiring foreign workers through temp agencies is not permitted, and direct employment is a mandatory system requirement.However, in fields such as agriculture and fisheries where workload fluctuates significantly by season, temp agency employment of Specified Skilled Workers is exceptionally permitted to address labor shortages during busy periods.
It should be noted that not only in the care work field, but in most Specified Skilled Worker fields, direct employment is the standard, and temp agency hiring is generally not allowed.
What Happens If You Hire Through a Temp Agency?
If you hire Specified Skilled Workers in the care work field through temp agencies, legal risks arise for the employer, temp agency, and the foreign worker themselves.For the foreign worker, this would constitute working beyond the scope of their residence permit, potentially resulting in charges of illegal employment or violation of reporting obligations.
The hiring company and temp agency also face increased risk of being charged with violations such as aiding and abetting illegal employment or facilitating fraudulent acquisition of residence status for profit.
How to Hire Foreign Workers Through Temp Agencies in the Care Work Field
If you want to hire foreign workers as temp agency employees in the care work field, while Specified Skilled Workers cannot be hired through this arrangement, other visa categories do allow temp agency employment.For example, foreign nationals with “status-based residence permits” such as Permanent Resident, Long-term Resident, or Spouse of Japanese National can work under the same conditions as Japanese workers, allowing them to work in care through temp agencies.
Additionally, foreign nationals who have obtained certified care worker qualifications and hold the “Care Work” visa status are also permitted to work in care facilities as temp agency employees.
Furthermore, foreign students or those with Dependent visa status who have obtained permission to engage in activities outside their residence status can work part-time in care within the 28-hour weekly limit, including through temp agency arrangements.
Can Specified Skilled Worker “Care Work” Foreign Nationals Work Part-Time?
The term “part-time work” is commonly used to refer to short-hour employment or side jobs, but there is no clear legal definition for it.Here, we will explain whether foreign nationals with Specified Skilled Worker “Care Work” visa status can choose what is commonly considered part-time work arrangements.
Short-Hour Work Does Not Meet Permit Requirements
Short-hour work commonly considered part-time, such as employment contracts with less than 30 hours per week, cannot qualify for the Specified Skilled Worker “Care Work” visa status.The Specified Skilled Worker system is designed to accept foreign workers who can serve as immediate assets in industries facing serious labor shortages, based on specific standards. Employment based on short-hour work is not within the scope of this program.
However, even if a contract is classified as part-time, it is possible to obtain Specified Skilled Worker visa status if the work conditions meet the requirements of 5 or more days per week, 217 or more days annually, and 30 or more hours per week.
Can Specified Skilled Worker “Care Work” Visa Holders Obtain Permission for Activities Outside Their Status?
Permission for activities outside one’s residence status refers to authorization required to engage in work not permitted under one’s current visa status, namely jobs outside of one’s primary employment.For example, if a foreign national with Specified Skilled Worker “Care Work” visa status wishes to take on part-time work or side jobs in addition to their main employment, they must apply for permission for activities outside their status in advance. However, since the Specified Skilled Worker system is based on full-time employment and it is difficult to meet the permit requirement that activities “do not interfere with the performance of activities under the original residence status,” the possibility of Specified Skilled Workers being granted permission for activities outside their status is extremely low.
Since decisions are made through individual review, it cannot be said to be absolutely impossible, but realistically, obtaining permission for activities outside one’s status for side job purposes is difficult.
How to Hire Foreign Part-Time Workers in the Care Work Field
If you want to hire foreign nationals as short-hour part-time workers in the care work field, you cannot employ those with Specified Skilled Worker visa status.However, foreign nationals with visa statuses such as Permanent Resident, Long-term Resident, or Spouse of Japanese National have no restrictions on working hours or employment arrangements, just like Japanese workers, making it possible for them to work only a few days per week or for short hours.
Additionally, foreign students or those with Dependent visa status can also engage in part-time care work within a 28-hour weekly limit if they have obtained permission for activities outside their residence status.
Summary
This article has explained the employment rules for hiring foreign nationals under the Specified Skilled Worker “Care Work” program, the feasibility of temp agency and part-time hiring arrangements, and important system considerations for each approach.For managers and staff members considering hiring foreign workers in care facilities, it is crucial to thoroughly understand the employment arrangements permitted for each visa category and proceed with hiring that complies with laws and regulations. When you have questions or are uncertain about decisions, consult with experts or government offices to select the optimal employment method for your situation.
Expert Commentary
The Specified Skilled Worker system is a well-established framework for accepting foreign talent from overseas and is well-suited for medium to long-term hiring plans such as “one person per year” or “10 people over 5 years.” However, since this system operates under strict residence management, it is not suitable for spot-based staffing needs such as sudden vacancy coverage.On the other hand, individuals with “non-work-based” visa statuses such as Permanent Residents or international students can work under relatively flexible employment conditions. Understanding the characteristics of each visa category and selecting employment arrangements according to your specific purposes will be an effective approach toward resolving labor shortages.
Primary Sources Referenced in Article Creation
The primary sources referenced in creating this article are as follows:Immigration Services Agency | Specified Skilled Worker Field-Specific Operational Guidelines (Care Work)
(URL: https://www.moj.go.jp/isa/content/001437816.pdf)
Immigration Services Agency | Field-Specific Operational Policies (Care Work)
(URL: https://www.moj.go.jp/isa/content/001434811.pdf)
Immigration Services Agency | About Permission for Activities Outside Residence Status
(URL: https://www.moj.go.jp/isa/applications/procedures/nyuukokukanri07_00045.html)
This article is a translation of the original Japanese version.
