When you provide a dormitory for technical intern trainees or specified skilled foreign workers, is a filing of dormitory rules required?

In short: When a dormitory a company provides falls under the "business-attached dormitory" of the Labor Standards Act, there is a duty to create dormitory rules and file them with the head of the competent Labor Standards Inspection Office (Article 95 of the Labor Standards Act). The filing must be accompanied by a document proving the consent of a person representing the majority of the workers who reside there. Because the dormitories of technical intern trainees and specified skilled workers also overlap with separate housing-environment standards (such as bedroom floor area), a dormitory must satisfy both the Act's dormitory rules and the receiving side's housing standards. To deduct dormitory fees from wages, a labor-management agreement on wage deduction is required. Creating and filing dormitory rules and putting labor management in order are for a Shakai Hoken Roumushi; residence-status application agency is for a Gyoseishoshi; selecting and leasing the property is for a real estate company (each a separate business entity, contracted separately).

"Do we have to file anything with the Labor Standards Inspection Office for a company house rented for interns?" and "may we deduct the dormitory fee from pay?" — these are consultations we receive from companies that accept foreign workers. This page is for HR staff at receiving companies that provide company housing or dormitories for technical intern trainees and specified skilled workers, and it sorts out where the filing duty under the Labor Standards Act and the housing standards overlap. The final judgment on whether a particular property is a dormitory, and the residence-status application itself, are outside the scope of this article.

When does a dormitory a company provides become a "dormitory" under the Labor Standards Act?

The Labor Standards Act imposes several duties on an employer who has workers reside in a dormitory attached to the business (Articles 94 to 96-2). Whether something falls under a "business-attached dormitory" is judged by the actual situation, not by its name. Administrative interpretation looks at factors such as: (1) a connection with the business (that the workers of that business reside there), (2) that a considerable number of workers lead a communal life, and (3) that it is an independent or partitioned facility.

• A dormitory where several technical intern trainees or specified skilled workers live in the same room or building, managed by the receiving company, is a form that often falls under a business-attached dormitory
• On the other hand, where a worker lives individually in a rental they chose themselves, with no reality of communal life or employer management, it may be sorted out as not a dormitory
• Because the judgment depends on the reality of each facility, borderline cases need to be checked individually

When it is a dormitory, the employer must not infringe the private-life freedom of the workers who reside there, and must not interfere with the selection of officers necessary for self-governance, such as a dormitory head (Article 94). The overall flow of accepting foreign workers is also sorted out in whom to ask about foreign employment.

What must dormitory rules set out, and when and to whom are they filed?

An employer who has workers reside in a business-attached dormitory must create dormitory rules on the following matters and file them with the administrative authority (the head of the competent Labor Standards Inspection Office) (Article 95, paragraph 1 of the Labor Standards Act). The same applies when they are changed.

Matters set out in dormitory rules (Art. 95, para. 1)	Consent of majority representative
(1) Waking, sleeping, going out, and staying overnight	Required
(2) Events	Required
(3) Meals	Required
(4) Safety and hygiene	Required
(5) Management of buildings and facilities	Not specified

For (1) to (4), the employer must obtain the consent of a person representing the majority of the workers who reside there, and must attach a document proving that consent when filing (Article 95, paragraphs 2 and 3). Both the employer and the residing workers have a duty to comply with the dormitory rules that have been set (Article 95, paragraph 4). When foreign workers reside there, preparing an explanation or notice in a language they can understand helps avoid later trouble.

In addition, when establishing, relocating, or altering an attached dormitory for a business that employs ten or more workers at all times, a plan conforming to the safety-and-hygiene standards must be filed with the administrative authority up to 14 days before construction starts (Article 96-2, paragraph 1). When newly building or substantially renovating a dormitory, check early whether this plan filing is required.

How do the technical-intern and specified-skilled-worker housing standards overlap with the Labor Standards Act?

For dormitories of foreign workers, housing-environment standards for each acceptance system overlap with the Act's dormitory standards. The technical intern training system and the specified skilled worker system each show a guideline for bedroom size in their operation guidelines. Because they are set separately from the Act's standards, both must be met.

Basis	Guideline for bedroom/living-room size
Business-Attached Dormitory Ordinance (ordinance delegated by Art. 96)	For a Type-2 dormitory, the bedroom is 2.5 square meters or more per person, with 50 or fewer per room (Article 39)
Operation guideline of the technical intern training system	The bedroom is 4.5 square meters or more per person, excluding the alcove and closet
Operation guideline of the specified skilled worker system (support for No. 1 specified skilled foreign workers)	The living room (bedroom) is 7.5 square meters or more per person (with transitional measures such as continued residence in the room lived in before)

The technical-intern and specified-skilled-worker guidelines are larger figures than the Act's minimum standards. Therefore, dormitories for foreign workers end up being chosen to match the system-side housing standards. Because these guideline figures may be revised, check the latest version in the Immigration Services Agency and each system's official materials (this article refers as of 23 September 2026). The selection and lease of the property itself is handled by a real estate company (a separate business entity, contracted separately), and the residence-status application agency by a Gyoseishoshi (the same).

What must you keep when deducting rent or dormitory fees from wages?

Wages must be paid in currency, directly to the worker, and in full (Article 24, paragraph 1 of the Labor Standards Act). To deduct dormitory fees or company-house fees from wages, as an exception to this full-payment principle, a labor-management agreement on wage deduction with the majority representative of the establishment must be concluded in advance.

• What can be deducted is, in principle, the range corresponding to actual cost. Any portion that involves conferring a benefit — such as letting a worker live for less than the market rate — may become subject to social-insurance calculation or taxation as a payment in kind
• Whether providing a company house or dormitory amounts to a payment in kind, and how far the deductible cost extends, is sorted out in is a company house a payment in kind?
• Under the technical-intern and specified-skilled-worker systems, collecting dormitory fees exceeding actual cost is sometimes seen as a problem under the receiving side's standards, so check both the appropriateness of the wage deduction and the system-side standards

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What must the operator put in place for the safety, hygiene, and evacuation standards?

For a dormitory attached to the business, the employer must take measures necessary for ventilation, lighting, illumination, heat retention, damp-proofing, cleanliness, evacuation, accommodating the capacity, and sleeping, and other measures necessary to preserve workers' health, morals, and life (Article 96, paragraph 1 of the Labor Standards Act). The specific standards are set out in a Ministry of Health, Labour and Welfare ordinance (the Business-Attached Dormitory Ordinance).

• Put in place facilities related to the safety and hygiene of residence, such as evacuation routes, firefighting equipment, and lighting and ventilation
• Fire prevention and evacuation of the building and facilities also relate separately to the standards of the Fire Service Act and the Building Standards Act, so confirm with the fire station or an architect (a separate business entity, contracted separately)
• Meet the bedroom size, storage, and heating together with the housing standards above

The facility standards under laws and ordinances span labor, safety and hygiene, construction, and firefighting. Which standard applies to which property needs to be confirmed according to the reality of the facility.

What can 四葉社会保険労務士事務所 do?

四葉社会保険労務士事務所, in Kohinata, Bunkyo City, handles creating dormitory rules and filing them with the Labor Standards Inspection Office, putting in order the consent procedure of the majority representative, drafting the labor-management agreement on wage deduction, and sorting out the treatment of dormitory and company-house fees. Selecting and leasing the property is handled by a real estate company, the residence-status application agency and acceptance plan by a Gyoseishoshi, and confirmation of firefighting and building standards by a fire station or architect — each a separate business entity from this office, contracted separately. This office handles the labor-management and filing side. Consultation is free. For fees, see the fee schedule; for frequently asked questions, see the FAQ.

Frequently asked questions

Q. If only two technical intern trainees live in the dormitory, is a filing of dormitory rules still required?
A. It is not decided by the number of people alone. Whether it falls under a business-attached dormitory is judged by the actual situation, from the connection with the business, the reality of communal life, the state of the facility, and so on. When it does, under Article 95 of the Labor Standards Act you create dormitory rules and file them with the head of the competent Labor Standards Inspection Office, attaching the majority representative's consent document. Whether a particular facility is a dormitory is judged by confirming the reality.

Q. Between the Act's bedroom size and the technical-intern size standard, which should we follow?
A. Both. The area in the Business-Attached Dormitory Ordinance is a minimum standard, and the operation guidelines for technical interns (4.5 square meters or more per person) and specified skilled workers (7.5 square meters or more per person) show larger guidelines. Dormitories for foreign workers end up being prepared to match the larger system-side standards. Because the guideline figures may be revised, check the latest version.

Q. Is it a problem to withhold the dormitory fee from monthly pay?
A. Wages are paid in full in principle (Article 24 of the Labor Standards Act). To deduct the dormitory fee from wages, a labor-management agreement on wage deduction with the establishment's majority representative is required. What can be deducted is, in principle, the range corresponding to actual cost; a portion where a worker is let live more cheaply than that may relate to social-insurance calculation or taxation as a payment in kind.

Q. Can a Shakai Hoken Roumushi be asked to file the dormitory rules?
A. Creating dormitory rules and filing them with the Labor Standards Inspection Office, the majority-representative consent procedure, and putting the wage-deduction labor-management agreement in order are the work of a Shakai Hoken Roumushi. On the other hand, the residence-status application agency is handled by a Gyoseishoshi and the lease of the property by a real estate company — each a separate business entity, contracted separately.

The basis for this article

• Labor Standards Act (Act No. 49 of 1947) Article 94 = non-interference with the private-life freedom and self-governance of workers residing in a business-attached dormitory / Article 95, paragraph 1 = the duty to create and file dormitory rules (five matters: waking/sleeping/going out/staying overnight, events, meals, safety and hygiene, management of buildings and facilities) / paragraphs 2 and 3 = for (1)-(4), consent of the majority representative of residing workers and attachment of a consent document / paragraph 4 = the duty of both employer and residents to comply
• Labor Standards Act Article 96, paragraph 1 = measures for ventilation, lighting, evacuation, accommodating capacity, sleeping, and other measures to preserve health, morals, and life for a dormitory / paragraph 2 = standards delegated to a Ministry of Health, Labour and Welfare ordinance / Article 96-2, paragraph 1 = for an attached dormitory of a business with 10 or more workers, etc., a plan filing up to 14 days before construction starts
• Business-Attached Dormitory Ordinance (Ministry of Labour Ordinance No. 7 of 31 October 1947) = the ordinance delegated by Article 96; facility standards for bedrooms, lighting, evacuation, etc. (for a Type-2 dormitory, the bedroom is 2.5 square meters or more per person, 50 or fewer per room = Article 39)
• Labor Standards Act Article 24, paragraph 1 = the principle of currency, direct, and full payment of wages; deducting dormitory or company-house fees from wages requires a labor-management agreement on wage deduction
• Operation guideline of the technical intern training system (bedroom 4.5 square meters or more per person, excluding alcove and closet), and the operation guideline of the specified skilled worker system / support for No. 1 specified skilled foreign workers (living room 7.5 square meters or more per person, with transitional measures such as continued residence). Because the figures may be revised, check the latest materials of the Immigration Services Agency (referred as of 23 September 2026)
• Provisions are confirmed via the e-Gov Law Search (as of September 2026)

This article does not conclude whether a particular property is a dormitory. Creating and filing dormitory rules, putting the wage-deduction labor-management agreement in order, and labor management are the work of a Shakai Hoken Roumushi. The residence-status application agency is the work of a Gyoseishoshi, and selecting and leasing the property is the work of a real estate company (each a separate business entity from this office, contracted separately). For fees when consulting 四葉社会保険労務士事務所, see the fee schedule; for frequently asked questions, see the FAQ.

This article is general information. A judgment on individual circumstances is made by a qualified professional after a consultation. Written by Joji Uramatsu (Shakai Hoken Roumushi, Gyoseishoshi, Registered Real Estate Transaction Specialist).