Can We Hire a “Designated Activities” (No. 46) Employee Under a Staffing/Dispatch Contract?
- We plan to hire an international student graduating from a university this March as a retail sales & interpreter staff member, joining in April, and to file a change of status to “Designated Activities” (No. 46). We are considering employing the person as a dispatched (staffing agency) worker. Is that acceptable?
- “Designated Activities” (No. 46) includes the following requirement:
A person who satisfies all requirements listed in Appended Table 11, who, as a full-time employee of the Japanese public or private institution designated by the Minister of Justice, engages in that institution’s business activities under a contract with that institution (including work requiring smooth communication in Japanese; excluding adult-entertainment services and work legally reserved to licensed professionals).Because No. 46 is limited to work performed as a full-time employee of the host institution, only full-time regular employment qualifies; short-hour part-time or casual (arubaito) roles are not covered.
From the standpoint of employment forms, in addition to direct hire there are arrangements such as secondment, staffing/dispatch, and contracting. However, workers engaged under in-service secondment, staffing/dispatch, or contracting at the business site are not regarded as that site’s “full-time regular employees.”
Accordingly, employment as a dispatched (staffing) worker does not fall under “Designated Activities” (No. 46). Please exercise caution when structuring the employment contract.
Designated Activities (No. 46) — Q&A Index
If hired as front-of-house & interpreter staff under “Designated Activities” (No. 46), is kitchen assistance permitted?
Can we hire someone under “Designated Activities” (No. 46) through a staffing (dispatch) contract?
Related Service Page:
Application for Status of Residence “Designated Activities (No. 46)”
Under Designated Activities (No. 46), foreign graduates may, if certain requirements are met, work in general service roles at restaurants and retail shops or in manufacturing roles.
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