Chugoku Shimbun article
According to Chugoku Shimbun, “Hiroshima’s famous okonomiyaki restaurant also employs foreigners with specified skills.” (July 17, 2024), there are quite a few restaurant operators can hire foreigners with specified skills as chefs. Let me explain this.
Status of residence as a chef
It has become a daily sight to see foreign nationals working as cooks in cafeterias and restaurants in the city, but what kind of residence status do they have?
Common cases that can be considered are as follows.
- Works as a chef of traditional foreign cuisine under “Skilled Worker” status of residence
- Works as a chef regardless of the type of cooking under “Specified Skilled Worker” status of residence
- Works as a part-time chef under a permission to engage in activities other than permitted
- Works as a Japanese cuisine chef under the “Designated Activities” status of residence which allows to learn Japanese cuisine with the aim of promoting Japanese food culture
- Works as a chef under the “Designated Activities #46” status of residence for employment support for foreigners who have graduated from Japanese universities
- Works as a chef under the “Spouse of Japanese national etc.”, “Long-term resident” etc. where do not limit his/her activities
I would like to explain below about the difference between #1 and #2, which are frequently asked questions.
Status of residence: “Skilled Worker”
Until the creation of the “Specified Skilled Worker” status, the only status of residence specifically designed for working as a chef was the “Skilled Worker” status. The meaning of “skilled” as a status of residence is that it is “devised in a foreign country and is unique to Japan,” in other words, it is knowledge and experience that cannot be obtained by Japanese people, and in the field of cooking activities, it requires 10 years of experience. (5 years for Thai chef)
It must be a cooking activity for a dish that was invented in a foreign country and is unique to our country. For example, fried rice or ramen, etc., are not considered to be cooking activities covered by “skills” because they have fairly been “Japanized”, but Shumai is considered, according to the judicial precedents.
The period of stay for the “skilled worker” status of residence is up to 5 years and can be renewed as many times as you like. There are also no restrictions on changing jobs(there is no need to apply for permission to change your status of residence when changing jobs).
Status of residence: “Specified Skilled Worker”
It is possible to work as a chef under the status of “Specified Skilled Worker”. This activity does not have any restrictions on cooking content, such as “Skilled Worker”.
In addition, the requirements set for the applicant (foreigner) are not so strict as “Skilled Worker”. There is no career requirement (10 years), and it requires to pass relatively simple skill measurement test and Japanese language proficiency test.
However, for employers (referred to as specific skill affiliated organizations), the necessary procedures, duties, and requirements for the organization are stipulated in a wide variety of details. (Excerpt below)
- Necessary procedures
- Create a support plan for specified skilled foreigners (a plan for providing support in occupational life, daily life, or social life) and submit it to the Immigration Services Agency.
- Notification regarding the implementation status of the specified skilled foreign worker support plan and the activity status of specified skilled foreign workers
- Requirements
- Equipped with a system and equipment that can carry out the contents stipulated in the specified skill foreigner support plan (transportation, securing housing, life consultation, etc.)
- Measures are taken to understand the health and living conditions of foreign nationals.
- No employee leaves the company due to the employer’s circumstances
- No cases of missing persons
- There are no other reasons for disqualification (violation of relevant laws, member of an organized crime group, person with limited ability to act, etc.)
- Duty
- Do not collect security deposit etc.
- The various expenses to be borne by the applicant must be explained and understood in a language that the applicant understands.
- If the applicant wishes to return to his/her home country temporarily, the applicant must take the necessary paid leave.
- If the applicant is unable to bear the cost of returning home, the employer must bear the cost.
- Comply with the provisions of laws and regulations regarding labor, social insurance, and taxation.
The total period of stay that a Specified Skilled Worker No. 1 can stay is set at 5 years.
Summary
The changes in immigration policy can be summarized as follows.
| Requirement Level for Foreign Nationals | Requirement Level for Employers | |
| Conventional (Example: Skilled Worker) | High | Low |
| From now (Example: Specific Skilled Worker) | Low | High |
Today, while it has become possible for foreigners to work as unskilled workers, the responsibilities and burdens of managers on employers have increased dramatically.
The gist of the opening article is that such a burden is unrealistic for small and medium-sized enterprises.
Regarding “Specified Skilled Worker”, there are registered support organizations across the country, and they can be entrusted with the formulation and implementation of support plans for specific skills foreigners, as well as intermediaries for applications for status of residence.
However, even if this is outsourced to a registration support organization, there will be costs involved, and the employer cannot escape responsibility for managing foreigners.
Large companies themselves become registered support organizations (reported to the Immigration Services Agency) and have a dedicated department to support foreigners.