Hiring a Specified Skilled Worker (Care) foreign national in care and disability welfare — the key points of labor and social insurance

In short: A Specified Skilled Worker (i) "Care" foreign national enters after passing the Care Skills Evaluation Test and the Care Japanese Evaluation Test, so in principle they can be counted in the care-insurance staffing standard from the start of employment (technical intern trainees and EPA candidates in principle after six months). Working conditions must be equal to or better than for a Japanese person, and social insurance applies compulsorily regardless of nationality when the requirements are met. The residence-status application and support plan are the work of a Gyoseishoshi; labor management, social insurance, and the lump-sum withdrawal payment are the work of a Shakai Hoken Roumushi; and the decisions on residence eligibility and on conformity with designation standards are reserved to the Gyoseishoshi and the local government.

"We hired a Specified Skilled Worker (Care) staff member, but from when can we count them in the staffing standard? Do we have to pay the same as a Japanese person?" — as acceptance spreads, such labor and social-insurance questions increase. This article, for the managers of care and disability-welfare service offices accepting Specified Skilled Worker (Care) staff, sets out the timing of staffing inclusion, working conditions, social insurance and the lump-sum withdrawal payment, and the division of support and labor.

From when can a Specified Skilled Worker (Care) staff member be counted in the staffing standard?

In principle, from the start of employment.

When you can count a foreign staff member in the care-insurance staffing standard differs by residence status and Japanese ability. Because a Specified Skilled Worker (i) "Care" must have passed the Care Skills Evaluation Test and the Care Japanese Evaluation Test (or an equivalent test) before entry, they can be counted in the staffing standard from the start of employment. In contrast, technical intern trainees and EPA care-worker candidates are, in principle, counted after six months from the start of employment, and those holding the Japanese-Language Proficiency Test N2 or above can be counted from the start.

Residence status / category	Timing of inclusion in the staffing standard
Specified Skilled Worker (i) "Care"	In principle, from the start of employment
Technical intern "Care"	In principle, after six months (N2 or above from the start)
EPA care-worker candidate	In principle, after six months (N2 or above from the start)

However, being countable and being able to work a night shift alone from the outset are different. For care safety and settling in, at first you should set up a structure of working in a team with Japanese staff. The very idea of an office's staffing standard also connects to the staffing standard and labor of employment support type A and B in disability welfare.

Must working conditions be equal to or better than for a Japanese person?

Yes. That the remuneration is equal to or above that for a Japanese person is a requirement of acceptance.

In accepting a Specified Skilled Worker, that the specified-skilled-worker employment contract with the foreign national is appropriate is a standard for the accepting organization (the specified-skilled-worker affiliating organization), and it includes that "the remuneration is equal to or above the amount for a Japanese person doing the work." This is grounded in the Immigration Control and Refugee Recognition Act and the ministerial ordinance setting its standards. Of course, labor laws such as the Labor Standards Act, the Minimum Wage Act, and the Industrial Safety and Health Act apply just as for Japanese people.

Item	Content
Remuneration	Equal to or above that for a Japanese person doing the work (Immigration Act, standards ordinance)
Employment type	Full-time direct employment as a principle
Disclosure of conditions	Disclosed in writing, etc. under the Labor Standards Act; explanation in a way the person can understand is desirable
Applicable laws	Labor Standards Act, Minimum Wage Act, Industrial Safety and Health Act, etc., same as for Japanese people

A design of "hiring cheaply because they are foreign" breaches the requirement. From the recruitment and hiring stage, confirm alignment with the wages of Japanese staff in the same job. Organizing the entrance to foreign employment is set out in how to divide the counters when hiring foreign nationals.

How are social insurance, social security agreements, and the lump-sum withdrawal payment handled?

Social insurance applies compulsorily regardless of nationality, and on return home the person chooses between the lump-sum withdrawal payment and totalizing under a social security agreement.

Health insurance and employees' pension insurance apply, regardless of nationality, when the coverage requirements are met. Being foreign is not a ground for exclusion. There are two routes for the pension when returning home.

Route	Content	Note
Lump-sum withdrawal payment	After return, claim a lump sum under Article 29 of the Supplementary Provisions of the Employees' Pension Insurance Act	Claim within two years from the day of ceasing to have an address in Japan. The covered period is not counted as a pension period
Totalizing under a social security agreement	Totalize the Japanese and home-country pension periods, connecting to a future pension	Only where a social security agreement with the home country is in force. Many major care-sending countries have none in force

If the lump-sum withdrawal payment is received, that period is no longer counted as a Japanese pension period. The choice must weigh the chance of working in Japan again and whether there is a social security agreement with the home country, and it is a part the person easily misunderstands. Settling the pension on return is set out in settling the pension of a returning foreign employee, and avoiding double coverage through an agreement in overseas assignment and the social security agreement. As the presence of an agreement differs by country, confirm it in the Japan Pension Service list of agreements in force.

How do the registered support organization's support and the office's labor divide?

Support relating to residence is borne by the registered support organization, and labor management as employment is borne by the office, and the referral to professionals divides accordingly.

A Specified Skilled Worker (i) foreign national must have a support plan for daily life and work carried out, and this can be entrusted to a registered support organization. On the other hand, labor management as employment — managing working hours, payroll, and social-insurance procedures — is borne by the office (the accepting organization) as the employer. The two are different roles.

Role	Mainly borne by	Professional involved
Residence-status application / support plan	Registered support organization / office	Gyoseishoshi
Office designation / staffing standard application	Office	Gyoseishoshi
Working hours / payroll / social insurance	Office	Shakai Hoken Roumushi
Lump-sum withdrawal payment / pension on return	Person / office	Shakai Hoken Roumushi

Drafting the support plan and applying for the residence status, and day-to-day labor management, are handled by different professionals. Trying to run them as one without dividing the counter tends to leave both jobs half-done.

Residence, designation, labor — to whom should they be referred?

Refer residence status, support plan, and designation to a Gyoseishoshi, and labor, social insurance, and the lump-sum withdrawal payment to a Shakai Hoken Roumushi.

Organizing the boundaries of the work gives the following.

1. Residence-status application / support plan / office designation → the work of a Gyoseishoshi. The decision on residence eligibility and on conformity with designation standards is ultimately made by the Immigration Services Agency and the local government.
2. Working-condition design / payroll / social insurance / lump-sum withdrawal payment → the work of a Shakai Hoken Roumushi.
3. Whether a person can be counted in the staffing standard itself → decided by the designating authority (the local government). The office grasps the idea of the inclusion timing and builds a staffing structure that does not over-rely on inclusion.

四葉社会保険労務士事務所 and 四葉行政書士事務所 are independent business entities, and labor is contracted with the Shakai Hoken Roumushi office and residence status, support plan, and designation with the Gyoseishoshi office, separately. They cannot be taken on together in one contract. This is because their exclusive services are divided by law.

Frequently asked questions

Q. Can a Specified Skilled Worker (Care) staff member be counted in the staffing standard right after joining?
A. In principle, from the start of employment. This is because a Specified Skilled Worker (i) enters after passing the Care Skills Evaluation Test and the Care Japanese Evaluation Test. Technical intern trainees and EPA candidates are in principle after six months, and those holding the JLPT N2 or above can be counted from the start.

Q. May I set the pay lower than for a Japanese person?
A. You may not. As a standard of the specified-skilled-worker employment contract, the remuneration must be equal to or above that for a Japanese person doing the work (Immigration Act, standards ordinance). The Minimum Wage Act and the Labor Standards Act also apply the same as for Japanese people.

Q. Do foreign staff join the employees' pension? Is it thrown away if they return home?
A. They join, regardless of nationality, when the requirements are met. On returning home, they may claim the lump-sum withdrawal payment under Article 29 of the Supplementary Provisions of the Employees' Pension Insurance Act within two years of leaving Japan, or, if a social security agreement with the home country is in force, totalize the covered period.

Q. Can the residence-status application and labor management be asked of the same person?
A. No. The residence-status application and support plan are for a Gyoseishoshi, and labor management and social insurance for a Shakai Hoken Roumushi, divided by their exclusive services. At Yotsuba they are contracted as independent business entities, separately.

Sources

• The Specified Skilled Worker residence status and the operation guidelines. Specified Skilled Worker "Care" is one field of the residence status "Specified Skilled Worker (i)" under the Immigration Control and Refugee Recognition Act, with passing the Care Skills Evaluation Test and the Care Japanese Evaluation Test, etc., as entry requirements (Immigration Services Agency "Specified Skilled Worker system"; Ministry of Health, Labour and Welfare "On accepting Specified Skilled Worker foreign nationals in the care field"; accessed 29 August 2026).
• Inclusion in the staffing standard. A Specified Skilled Worker (i) "Care" can, in principle, be counted in the staffing standard from the start of employment, and technical intern trainees and EPA care-worker candidates in principle after six months (from the start with JLPT N2 or above) (Ministry of Health, Labour and Welfare "On the treatment of foreign care personnel in the staffing standard"; accessed 29 August 2026).
• The equal-remuneration requirement. A specified-skilled-worker employment contract includes, as a standard for the accepting organization, that the remuneration is equal to or above the amount for a Japanese person doing the work (Immigration Services Agency "Overview of the Specified Skilled Worker system," and the Immigration Control and Refugee Recognition Act and standards ordinance; accessed 29 August 2026).
• Lump-sum withdrawal payment. A person who is not a Japanese national, is not an insured person of a public pension, has six months or more of employees'-pension coverage, and does not meet the qualifying period for the old-age pension (ten years) may claim the lump-sum withdrawal payment within two years from the day of ceasing to have an address in Japan. The covered period is not counted as a pension period (e-Gov Law Search, Employees' Pension Insurance Act, Supplementary Provisions Article 29, Act No. 115 of 1954, and the Japan Pension Service guidance on the lump-sum withdrawal payment; accessed 29 August 2026).
• Social security agreements. Where a social security agreement between the home country and Japan is in force, pension periods can be totalized and double coverage avoided. Whether an agreement exists differs by country (Japan Pension Service "Social security agreements" list; accessed 29 August 2026).
• The final decision on residence eligibility and on conformity with designation standards is made by the Immigration Services Agency and the local government. Please confirm individual requirements in the latest operation guidelines and the local government's guidance.

This article does not decide whom to consult. Labor management, social insurance, and the lump-sum withdrawal payment are the work of a Shakai Hoken Roumushi. The residence-status application, support plan, and office designation are the work of a Gyoseishoshi, and 四葉社会保険労務士事務所 and 四葉行政書士事務所 are independent business entities 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. Whether the system applies and individual procedures are handled by a qualified professional after a consultation, in light of the latest primary sources (the Immigration Services Agency, the Ministry of Health, Labour and Welfare, the Japan Pension Service, etc.) and individual circumstances. Written by Joji Uramatsu (Shakai Hoken Roumushi, Gyoseishoshi, Registered Real Estate Transaction Specialist).