Notification on the Employment of Foreigners in Japan

April 14, 2020

Question:

Please tell me about the notification for when you hire foreigners at a Japanese corporation or branch office.

Answer:

If you hire a foreigner, you must notify it to Hello Work

Explanation:

Notification of employment status of foreigners

Under the Employment Measures Act, all business owners are obliged to confirm the name, status of residence, period of stay, etc. of the concerned employees and report it to Hello Work (Employment Measures Act Article 28-1) whenever they hire and dismiss foreign workers.

If you fail to make such notification or make a false notification, a fine of up to 300,000 yen will be imposed so you need to be careful.

Hello Work is located in each area of Japan under the name of “Public Employment Security Office”. In addition to allowing people who had employment insurance to receive their unemployment benefits when they lose their jobs, this is a public institution that handles job vacancies.https://www.japaneselawtranslation.go.jp/law/detail/?id=2227&vm=04&re=02

Employment Measures Act

(Notification, etc. of the Employment Status of Foreign Nationals)

Article 28 If an employer newly hires a foreign national or if a foreign national employed by an employer separates from employment, the employer must, pursuant to the provisions of Ordinance of the Ministry of Health, Labour and Welfare, verify the foreign national’s name, status of residence (meaning the status of residence as prescribed in paragraph (1) of Article 2-2 of the Immigration Control and Refugee Recognition Act; the same applies in the following paragraph), period of stay (meaning the period of stay as prescribed in paragraph (3) of the same Article), and other particulars prescribed by Ordinance of the Ministry of Health, Labour and Welfare, and notify the Minister of Health, Labour and Welfare thereof.

(Omitted below)

Source: Japanese Law Translation Database System
https://www.japaneselawtranslation.go.jp/

Employers who hire foreign workers must fulfill employment management and implement measures for foreigners who do not have enough knowledge about employment and information required for job search so that the latter can adapt to their workplaces and work using their abilities. Also, it is mentioned that you should support their re-employment in case they leave their jobs due to dismissal, etc. (Employment Measures Act Article 8).

Employment Measures Act

Article 8　In consideration of the fact that foreign nationals (meaning persons who do not have Japanese nationality, excluding persons prescribed by Ordinance of the Ministry of Health, Labour and Welfare; the same applies hereinafter) do not have full knowledge of Japanese employment practices or the full information on employment that is necessary when searching for jobs in Japan, an employer must endeavor to take measures to enable the foreign nationals it employs to adapt to their jobs, and must otherwise improve its employment management with regard to foreign nationals it employs to enable them to make effective use of their abilities, and if a foreign national separates from employment due to dismissal (excluding dismissal based on grounds attributable to the worker) or due to any other reason prescribed by Ordinance of the Ministry of Health, Labour and Welfare and the foreign national wishes to find new employment, the employer must endeavor to search for job openings and take other necessary measures to support the foreign national in finding new employment.

Source: Japanese Law Translation Database System
https://www.japaneselawtranslation.go.jp/

Regarding the Method for Notification of the Foreigner’s Employment Situation

Business owners who employ foreigners will report to Hello Work the depending on 3 different categories: “Notification concerning foreigners who have employment insurance”, “Notification about foreigners who do not have employment insurance”, and “Notification regarding foreigners currently employed as of October 1, 2007”. It is also possible to do this by electronic application.

(1) Notification concerning foreigners who are insured of employment insurance

Notification method: In the remarks column of the notification for acquisition of the insured person’s qualification of employment insurance or the notification of loss, report the status of residence, period of stay, nationality/ region, etc.

Notification deadline: It is the same as the deadline for the notification for acquisition or loss (in the case of hiring, by the 10th of the following month; in the case of job loss, etc., within 10 days starting from the day after job loss, etc.).

(2) Notification about foreigners who are not insured of employment insurance

Notification method: In the notification form (third form), list the name, residence status, period of stay, date of birth, gender, nationality/region, etc.

Notification deadline: For both cases of hiring and leaving the job, the deadline is until the last day of the following month.

(Example) When you hire on October 1, notification must be sent by November 30.