Important Notes for Employing Foreign Nationals in Japan

March 24, 2020

Question:

What are some points to be careful of when hiring foreign nationals at a Japan corporation or branch office?

Answer:

When employing foreign nationals at a Japan corporation or branch office, it is important to take special care in checking their acceptance conditions, working visa, and employment agreements/contracts.

Explanation:

Verify acceptance conditions

When you have found a suitable foreign national to employ, it is important to check the acceptance conditions of the said national. Confirm that that he/she is permitted to perform the job based on with his/her residence card. Also check whether or not their status of their residence has lapsed. Also make sure to notify the Employment Service Center (Hello Work) of the hiring.Foreigners in Japan will be permitted to engage in certain activities such as employment only during the period of residence stipulated within the range of the status of residence granted when entering the country.

Therefore, when accepting foreigners, it is important to confirm whether the activities within the scope of the resident status of the foreign national are not past the period of stay, and that the job he/she will undertake at your company is not outside the foreign national’s work conditions.

These status of residence and period of stay can be confirmed by checking one’s residence card, landing permit (found on passport), alien registration certificate (deemed equivalent to a residence card for a certain period of time), etc. For other concerns, you may also want to check with your local immigration bureau. It is necessary to confirm whether the acceptance condition is met well.

Verify working visa

If you are trying to recruit a foreign national for activities not within the scope of the visa that the foreigner has, you will need to apply for a work visa for the foreign nationals that you plan to recruit.(1) If the foreign national to be hired is not in Japan
If the foreign national you would like to hire is currently not in Japan, the company will serve as a sponsoring entity for the working visa application. The following is the general process for entry and hiring when it comes to foreigners.

① Invite the foreign national to Japan as sponsoring entity.
② Process the working visa application either through your company itself or through an agency.
③ The Immigration Bureau will review the work visa application and the Certificate of Eligibility will be issued when permission is granted.
④ Foreign nationals who will be hired will receive the Certificate of Eligibility and present it to the Japanese embassy or consulate.
⑤ A visa that allows entry into Japan is affixed on the foreign national’s passport.
⑥ Enter Japan with the Certificate of Eligibility and the visa-affixed passport.
⑦ The immigration inspector at the point of entry will imprint the residence status and period of stay in the passport upon landing.
⑧ Finalize the employment contract, then begin work.

(2) If the foreign national to be hired is currently a foreign student in Japan
If the foreign national you would like to hire is currently residing in Japan as foreign student, the “student” residence status they currently hold will need to be changed into a residence status that permits work (such as the “Engineer/Specialist in Humanities/International Services” residence status). The flow below illustrates what should be done in this case.

① The foreign national, the hiring company, and the foreign national’s school should each prepare documents from each side for the status of residence change application.
② Process the working visa application either through your company itself or through an agency.
③ The Immigration Bureau will review the application for the change the status of residence will be issued.
④ Finalize the employment contract, then begin work.

As illustrated, foreign nationals can obtain work visas, meaning companies can hire lawfully foreign nationals and proceed to the step of entering into an employment contract with foreign nationals.

Finalize the employment contract

During the finalization of the employment contract, it is important to state the terms and details of employment clearly in the contract. Vagueness in the details of the employment contract may result in misunderstandings between your company and the hired foreign national, which may cause unexpected trouble. For more information on employment contracts, you may refer to Q121.