Japan's Technical Intern Training Program (TITP): Objectives, Requirements, and Navigating the New Law

Japanese Attorney at Law - Bengoshi L.L.

• 9 min read

Japan's Technical Intern Training Program (技能実習制度 - Gino Jisshu Seido) is a unique and often discussed initiative designed with the stated aim of international cooperation. Its primary objective is to transfer Japanese skills, technologies, and knowledge to developing countries by providing on-the-job training opportunities in Japan for individuals from these nations. While intended as a means of human resource development for the trainees' home countries, the program also plays a role in supplying labor to various Japanese industries. Recent legal reforms have sought to address longstanding issues and reshape the program's operation and oversight.

Core Objectives of the TITP

Officially, the TITP is structured around several key goals:

  1. Skill, Technology, and Knowledge Transfer: The central aim is for participants, known as technical intern trainees (技能実習生 - gino jisshusei), to acquire practical Japanese skills and expertise in a wide range of industrial, agricultural, and construction sectors.
  2. Contribution to Developing Economies: A core expectation of the program is that trainees, upon completing their training in Japan, will return to their home countries and apply the newly acquired skills and knowledge to contribute to their nation's economic and industrial advancement. This is often framed as a form of "human resource development" (人づくり - hitozukuri).
  3. Distinct from Labor Importation (In Principle): A foundational philosophy repeatedly emphasized in official guidelines is that the TITP should not be utilized merely as a means to address labor shortages or adjust labor supply and demand within Japan. The focus is intended to be on training and international contribution.

Structure of the TITP and Corresponding Statuses of Residence

The TITP is structured in progressive stages, with trainees advancing based on experience and skill acquisition. This progression is reflected in different categories of the "Technical Intern Training" status of residence:

"Technical Intern Training No. 1" (技能実習1号 - Gino Jisshu Ichi-go)

This is the initial phase of the program, typically lasting up to one year, focused on acquiring fundamental skills and knowledge. It has two sub-categories based on the acceptance structure:

  • No. 1 (イ) (Type 'a' - Individual Enterprise Type / 企業単独型 - Kigyo Tandoku-gata):
    In this model, Japanese companies directly accept trainees from their own overseas subsidiaries, joint venture partners, or significant international business affiliates. The trainee is often an existing employee of the related foreign entity who is transferred for training.
  • No. 1 (ロ) (Type 'b' - Supervising Organization Type / 団体監理型 - Dantai Kanri-gata):
    This is the more prevalent model. Trainees are accepted through non-profit supervising organizations (監理団体 - kanri dantai), such as business cooperatives, chambers of commerce and industry, or agricultural cooperatives. These organizations recruit trainees (often via sending organizations in the trainees' home countries), place them with various Japanese implementing companies (実習実施機関 - jisshu jisshi kikan), and assume responsibility for overseeing the entire training program, including providing guidance and support.

Activities under No. 1:
Upon arrival in Japan, trainees must first undergo a mandatory period of classroom-based lectures (講習 - koshu). This initial training covers essential topics such as the Japanese language, general knowledge about living in Japan, information on their legal rights and protections under Japanese immigration and labor laws, and knowledge that will aid in the smooth acquisition of their targeted skills. Following this lecture period, trainees commence on-the-job training (OJT) under an employment contract with the implementing company.

"Technical Intern Training No. 2" (技能実習2号 - Gino Jisshu Ni-go)

This is the advanced phase, allowing trainees to further develop and master the skills they acquired during their No. 1 training.

  • Eligibility: To transition to No. 2, trainees must have successfully completed their Technical Intern Training No. 1 activities and, crucially, passed a designated skills proficiency test relevant to their occupation (e.g., Basic Grade 2 - 基礎2級, or an equivalent national trade skill test).
  • Structure: Similar to No. 1, this phase also has "イ" (Individual Enterprise) and "ロ" (Supervising Organization) sub-categories, corresponding to the trainee's No. 1 status.
  • Activities: The focus shifts to more advanced on-the-job training to enhance proficiency. This training must be conducted at the same implementing company and in the same skill area as their No. 1 training.
  • Duration: This phase typically lasts for up to two additional years, bringing the maximum combined duration for Technical Intern Training No. 1 and No. 2 to three years.

"Technical Intern Training No. 3" (技能実習3号 - Gino Jisshu San-go)

Introduced as part of the reforms under the new Technical Intern Training Law, this phase aims to allow for even more advanced skill development.

  • Eligibility: This is available only to trainees who have successfully completed Technical Intern Training No. 2, demonstrated a high level of skill proficiency (e.g., by passing a higher-level skills test such as the Expert Grade - 専門級, or Grade 3 - ３級, depending on the specific occupation), and have temporarily returned to their home country for a certain period (generally at least one month) after completing No. 2 training. Furthermore, both the implementing company and the supervising organization (if applicable) must be certified as "excellent" (優良 - yuryo) under the new regulatory framework.
  • Activities: Focus on achieving an even higher level of mastery in the chosen skill.
  • Duration: This phase can extend for up to two additional years, potentially allowing a total of up to five years of technical intern training in Japan for those who qualify for all three stages.

Key Stakeholders and Their Respective Roles and Requirements

The TITP involves a complex interplay of several parties, each with specific responsibilities and requirements:

  1. Technical Intern Trainees (技能実習生 - gino jisshusei):
    • Must generally be 18 years of age or older.
    • Must possess a clear intention to utilize the skills acquired in Japan for the benefit of their home country upon their return.
    • The skills targeted must be those that are difficult or impossible to acquire in their home country.
    • For certain types of training (especially No. 1ロ), they may need prior experience in the same or a similar field of work, or demonstrate special circumstances necessitating the training in Japan.
    • Trainees (or their families) must not be subjected to illicit payments, such as deposits or penalties for contract non-fulfillment, by sending organizations, supervising organizations, or implementing companies.
    • Under the Supervising Organization Type (No. 1ロ), trainees often need to have a recommendation from a public body or similar institution in their home country.
  2. Implementing Companies (実習実施機関 - jisshu jisshi kikan): These are the Japanese companies where the actual on-the-job technical training takes place.
    • Must appoint qualified technical intern training instructors (技能実習指導員) who have at least five years of experience in the specific skills being taught. They must also appoint lifestyle advisors (生活指導員) to support trainees with their daily life in Japan.
    • Are required to maintain detailed daily records of the training conducted (技能実習日誌 - gino jisshu nisshi) and report on the trainee's progress.
    • Must provide remuneration to trainees under their employment contract that is equal to or greater than that received by Japanese workers performing similar tasks.
    • Must ensure trainees have appropriate accommodation and are enrolled in Japanese social insurance schemes, including labor insurance (covering workers' accident compensation), health insurance, and pension.
    • Must have a clean record concerning violations of labor, immigration, or other relevant laws.
    • There are limits (acceptance quotas) on the number of trainees an implementing company can accept, based on its total number of full-time employees. For example, under the supervising organization model, a company with 50 or fewer full-time employees can generally accept up to 3 trainees at a time; different ratios apply to larger companies.
  3. Supervising Organizations (監理団体 - kanri dantai): Applicable for the "団体監理型" (Type 'b') training, these are non-profit entities.
    • Under the new law, they must obtain a license from the relevant Japanese ministries (typically Justice and Health, Labour and Welfare) after a review by OTIT.
    • Responsibilities include developing appropriate training plans in conjunction with implementing companies, conducting regular audits of implementing companies (at least once every three months by an organization officer) and frequent on-site visits to monitor training progress (at least once a month by staff).
    • Must provide comprehensive support and consultation services for trainees, including assistance with issues that may arise during their stay.
    • Are responsible for arranging and ensuring the quality of the initial lecture-based training (講習) for No. 1 trainees.
    • Must ensure that implementing companies are adhering to all relevant laws and are managing the training program appropriately.
    • Are prohibited from charging unreasonable fees to implementing companies or trainees and must ensure that any costs associated with supervision are transparent and not directly or indirectly borne by the trainees.
  4. Sending Organizations (送出し機関 - okuridashi kikan): These are entities located in the trainees' home countries that are involved in recruiting candidates, preparing them for dispatch to Japan, and liaising with Japanese supervising organizations or implementing companies. They, too, must operate ethically and are prohibited from charging trainees illicit fees or imposing unfair contractual conditions.

The New Technical Intern Training Law: Reforms and Enhanced Oversight

In response to various criticisms and issues that had emerged within the TITP over the years—such as instances of poor working conditions, unpaid wages, human rights violations, and the program being misused as a source of cheap labor—Japan enacted a new Technical Intern Training Law (外国人技能実習の適正な実施及び技能実習生の保護に関する法律 - Gaikokujin Gino Jisshu no Tekisei na Jisshi oyobi Gino Jisshusei no Hogo ni Kansuru Horitsu), which came into full effect in November 2017 (with some provisions phased in). This law brought about significant reforms aimed at ensuring the proper implementation of the program and strengthening the protection of trainees.

Key changes introduced by the new law include:

  • Establishment of the Organization for Technical Intern Training (OTIT / 外国人技能実習機構): A new, dedicated government-authorized body was created to serve as the central oversight authority for the TITP. OTIT's responsibilities include:
    • Certifying Technical Intern Training Plans submitted by implementing companies.
    • Granting licenses to Supervising Organizations.
    • Conducting inspections and audits of both implementing companies and supervising organizations.
    • Providing consultation and support services directly to technical intern trainees.
  • Mandatory Certification of Training Plans: Before a Certificate of Eligibility can be applied for, implementing companies (usually with guidance from their supervising organization) must develop a detailed Technical Intern Training Plan (技能実習計画) for each trainee. This plan must be submitted to and certified by OTIT as being appropriate and feasible.
  • Licensing System for Supervising Organizations: All supervising organizations must now obtain a license from the competent government ministers, following a thorough review by OTIT to ensure they meet stringent operational and ethical standards.
  • Enhanced Protection for Trainees: The new law explicitly prohibits human rights abuses against trainees and establishes clearer penalties for such violations. It also creates mechanisms for trainees to report problems, access consultation services, and, in certain circumstances (such as abuse by the implementing company or bankruptcy of the company), seek assistance in transferring to another implementing company to continue their training.
  • Expansion of the Program for "Excellent" Entities: The law introduced the concept of certifying "excellent" (優良 - yuryo) implementing companies and supervising organizations that demonstrate high standards of training and trainee welfare. These excellent entities are eligible for benefits such as an expansion of the "Technical Intern Training No. 3" phase (allowing up to five years of training in total) and an increase in the number of trainees they can accept.
  • Strengthened Oversight and Penalties: The new framework includes provisions for more rigorous inspections and stricter penalties for any violations of the law or program guidelines by either implementing companies or supervising organizations.
  • Bilateral Intergovernmental Agreements: Japan is actively pursuing bilateral agreements with major sending countries to cooperate in eliminating unscrupulous sending organizations and ensuring the integrity of the recruitment process in the trainees' home countries.
  • Ongoing Review and Expansion of Eligible Occupations: The list of job categories and tasks eligible for the TITP is subject to ongoing review and expansion to meet evolving industrial needs, provided the tasks involve acquirable skills. The current list covers 74 occupations and 134 work tasks across various sectors like agriculture, fisheries, construction, food manufacturing, textiles, machinery, and metals.

The Initial Lecture-Based Training (講習 - Koshu)

A mandatory component for all Technical Intern Training No. 1 participants is an initial period of classroom-based lectures conducted after their arrival in Japan and before they commence on-the-job training at their implementing company.

  • Content: This training must cover:
    • Japanese language essentials.
    • General knowledge about daily life, customs, and societal rules in Japan.
    • Information regarding Japanese immigration laws, labor standards law, and other legal protections relevant to technical intern trainees, including their rights and how to seek assistance.
    • Knowledge that will facilitate the smooth acquisition of their designated technical skills.
  • Duration: The lecture period must constitute at least 1/6th of the total planned hours for the first year of the No. 1 training program. This can be reduced to 1/12th if the trainee has already completed equivalent pre-departure training overseas for at least one month (and a minimum of 160 hours).
  • Instructors: The lectures, particularly those on specialized topics like legal rights, should be delivered by qualified instructors, who may include external experts.

Transitioning and Program Completion

The transition from Technical Intern Training No. 1 to No. 2 requires passing a relevant skills proficiency test. The application for this change of status is made within Japan. The training is intended to be a continuous process at the same implementing company, focusing on the same skill set.

Upon completion of the program, trainees are expected to return to their home countries to apply their acquired skills. Direct re-employment in Japan in a standard worker capacity immediately following the TITP is generally not the intended outcome of the program, although discussions around creating pathways for former excellent trainees to return under different work statuses have been ongoing in Japan. Re-engaging in the TITP for further training (再技能実習 - sai-gino jisshu) is generally not permitted unless under very specific and exceptional circumstances, such as acquiring demonstrably higher-level or distinctly related skills, and not simply for repeating the same training or for labor purposes.

Conclusion: A Program of International Cooperation with Evolving Standards

The Technical Intern Training Program is a multifaceted and highly regulated system. While it provides Japanese industries with a source of labor and offers individuals from developing countries an opportunity to gain valuable skills, it is fundamentally positioned as an instrument of international cooperation and human resource development. The introduction of the new Technical Intern Training Law and the establishment of OTIT signify a concerted effort by the Japanese government to improve the program's integrity, enhance the protection and welfare of trainees, and ensure that its operations align more closely with its stated objectives. Companies in Japan considering participation, whether directly or through supervising organizations, must be prepared to commit to significant responsibilities and adhere to a complex web of compliance requirements.