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Pay attention to the procedures specific to employment of foreigners!What are the necessary procedures for a company to hire a foreigner?

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When a company hires a foreigner from Japan or abroad, it is not so difficult because the procedure is the same as for Japanese people in terms of taking out social insurance and calculating salary.It is necessary to obtain or renew a visa (status of residence), which is not available when hiring Japanese people.Therefore, you have to go through the procedure.
If the company does not properly process this visa, it may not be possible for the hired foreigner to start working on the scheduled date.In the worst case scenario, companiesIllegal workThere is also the possibility of getting involved in.
In this article, we will explain the most common type of visa for foreigners to work at a company, keeping in mind the "Engineer/Specialist in Humanities/International Services" visa.

1. Procedures for hiring foreigners in Japan

The most important point that companies should pay attention to when hiring foreigners isEmploying foreigners who are not allowed to workand make them work, etc.Being subject to penalties for promoting illegal employmentis to avoid. If the crime of promoting illegal employment is established by employing a foreigner who would normally not be hired,Imprisonment for 3 years or more or a fine of 300 million yen or less(possibly both).

▼ When hiring as a full-time employee

<Step 1> Investigating whether it is possible to change or renew the visa

In order for the foreigner you want to hire to be allowed to change or renew his "Engineer/Specialist in Humanities/International Services" status, the content of the work he will be responsible for at the company must be related to the educational background and work history of the foreigner applying for a visa. is required. At the time of interview, etc., ask to see a diploma, transcript, etc. from a university or vocational school, check the foreigner's major and course content, and check whether it is related to the work content you want them to do at the company. We will investigate. In addition, the company will check the "residence card" of the foreigner they want to hire, and check whether the period of stay has expired and what status of residence (visa) they are currently living in Japan. . In this case, if the foreigner's current residence status is "permanent resident," "spouse of permanent resident, etc.," "spouse, etc. of Japanese national," or "long-term resident,"Visa without work restrictionsIf so, you do not need to change your visa.

<Step 2> After receiving a job offer, create a notice of working conditions or an employment contract

Once we determine that the foreigner's educational background and major are related to the work content and that it is possible to obtain a visa, we will prepare a notice of working conditions or employment contract for the foreigner to be hired.

<Step 3> Apply for change or renewal of work visa

The company applies for a visa to the Immigration Bureau that has jurisdiction over the residence of the foreigner or the company.

Documents prepared by the company in principle when applying for renewal after changing jobs or changing jobs (for category 3)
  • ・ A copy of the statutory record total table such as the withholding slip of salary income for the previous year (in the case of electronic filing, the email transmission part is also included)
  • ・ Registration certificate
  • ・ Financial statements for the most recent years
  • ・ Working conditions notice or employment contract
  • ・ Reason for employment (statement of the foreigner's work, educational background, major, reason for hiring the foreigner, etc.)

You can apply for a change from an international student who is scheduled to join the company in April to a work visa from December 4st of the previous year.
Also, if you want to renew your visa after changing jobs, but your current visa has more than three months left in its expiration date, you cannot apply for visa renewal yet. In this regard, if you are unsure whether your visa will be renewed in the future,Apply for certification of employment qualificationWe recommend that you do this. This application is for the Immigration Bureau to determine whether the work to be performed at the company after changing jobs falls under the content of a work visa.Once an appropriate work qualification certificate is issued, the next visa renewal is in principle not possible. You can rest assured that this will be permitted. If you hire a foreigner who has only a short period of time left on his or her stay without a "Certificate of Employment Eligibility," you will not be able to continue hiring him if he is denied permission in the renewal procedure that will soon come. It becomes difficult. Recruitment takes effort, time, and cost, so a company's recruiter must avoid a situation where a hired foreigner has to quit immediately. The documents prepared by a company when applying for a certificate of employment eligibility are basically the same as above.

<Step 4> Wait for the results of the visa application examination at the immigration office

The work visa examination usually takes about 1 to 3 months. Therefore, it is recommended that you prepare and apply for a visa by calculating backwards the period required for the examination from the day you start working.

<Step 5> Once you have obtained a work visa, start employment.

The method of enrolling in social insurance and calculating salary is the same as for Japanese people.
When hiring a foreigner, you need to be careful about the following points.

① Report to Hello Work
If a foreigner takes out employment insurance, he / she can also use this notification by submitting an employment insurance insured qualification acquisition notification.
② Give a copy of the employment regulations to the foreigner
To avoid work-related problems after employment, we recommend that you give a copy of the work regulations and get a signature of receipt.
③ Be careful about the work that foreigners are responsible for
Foreigners with an "Engineer/Specialist in Humanities/International Services" visa are limited in the work they can do. As a general rule, you cannot be asked to perform any work other than what is written on the document when applying for a visa, and you cannot engage in simple work. If a company assigns a foreigner with an "Engineer/Specialist in Humanities/International Services" visa to work other than those permitted by immigration authorities,The crime of promoting illegal employment is established and penalties are imposed.Sometimes. As a hiring manager for a company, I absolutely want to avoid charges of promoting illegal employment.
④ Manage visa renewal dates for foreigners
You can apply for renewal from 3 months before the expiration date written on your residence card. If you apply before the period of stay, you can continue to work even after the period has passed. However, if a company continues to work after the period of stay has passed without applying, the company may be charged with promoting illegal employment.

▼ When hiring as a part-time worker

When hiring a foreigner as a part-time job, it is most important to check the residence card of the foreigner who wants to work part-time to see if it is possible to work part-time.

<Step1> Confirm residence card/passport

First of all, foreigners with a work visa should, in principle, work at restaurants, convenience stores, factories, etc.Part-time jobs that involve simple labor are not allowed. This type of part-time work is available to foreigners who have a ``Student'' visa or ``Dependent Stay'' visa, and who have permission to engage in activities other than that permitted under the status of residence previously granted, as well as ``Permanent Residents,'' ``Spouses of Permanent Residents,'' etc. I am a foreigner with a visa that does not have any restrictions on working, such as ``spouse of a Japanese national, etc.'' or ``long-term resident.'' Check whether a foreigner has such a visa by looking at their residence card. Tell the foreigner you want to hire, "Please show me your residence card," and ask them to show it to you. Permission to engage in activities other than that permitted under the status of residence is stamped on the back of the residence card or passport.

<Step 2> Notify Hello Work

If you hire a foreigner to take out employment insurance, you can also use this notification by submitting an employment insurance insured qualification acquisition notification.

<Step 3> When hiring foreigners who have obtained permission to engage in activities other than that permitted under the status of residence previously granted as part-time workers, be careful not to allow them to work more than 28 hours a week.

Permission to engage in activities other than that permitted under the status of residence is granted to the extent that it does not interfere with the original activities of the student or dependent visa that one currently holds, and as a general rule,You can only work part-time for up to 28 hours a week.

2. Procedures for hiring foreigners overseas

The procedure for hiring a foreigner abroad as a full-time employee and having them work in Japan is basically the same as that for a foreigner in Japan, but there are some differences.
As for the type of application"Application for Certificate of Eligibility"Therefore, the immigration office where you apply will also be the immigration office that has jurisdiction over the company's address.
There are some similarities with the case in Japan, but I will explain the specific flow until getting a visa.

<Step 1> Investigation to determine whether visa certification is permitted

In order for a Certificate of Eligibility for Residence for "Engineer/Specialist in Humanities/International Services" to be issued, the content of the work in charge of the company must be related to the educational background and work history of the foreigner applying for a visa. . At the time of the interview, etc., ask to see a diploma, transcript, etc. from a university or vocational school, check the foreigner's major and course content, and investigate whether it is related to the work you want them to do. Masu.

<Step 2> After receiving a job offer, create a notice of working conditions or an employment contract

Once we determine that the academic background and major of the foreigner we want to hire are related to the work content and that it is likely that he will be able to obtain a visa, we will prepare a notice of working conditions or an employment contract.

<Step 3> Apply for issuance of Certificate of Eligibility

Apply for a visa to the Immigration Bureau that has jurisdiction over the company's address.

Documents prepared by the company when applying for a Certificate of Eligibility for the “Engineer/Specialist in Humanities/International Services” visa (for Category 3)
  • ・ A copy of the statutory record total table such as the withholding slip of salary income for the previous year (in the case of electronic filing, the email transmission part is also included)
  • ・ Registration certificate
  • ・ Financial statements for the most recent years
  • ・ Working conditions notice or employment contract
  • ・ Reason for employment (statement of the foreigner's work, educational background, major, reason for hiring the foreigner, etc.)

<Step 4> Wait for the results of the visa application examination at the immigration office

The work visa examination usually takes about 1 to 3 months. Therefore, it is recommended that you prepare and apply for a visa in time for your start date.

<Step 5> Perform procedures for visa issuance

The original of the Certificate of Eligibility issued by the Immigration Bureau will be sent to the foreign national in his or her home country, and the visa issuance procedures will be completed at the Japanese Embassy in his or her home country. Once the visa is issued, I will come to Japan.

<Step 6> After the foreigner scheduled to be hired comes to Japan, employment will begin.

The method of enrolling in social insurance and calculating salary is the same as for Japanese people.
If you are a foreigner, you need to be careful about the following points.

① Report to Hello Work
If a foreigner takes out employment insurance, he / she can also use this notification by submitting an employment insurance insured qualification acquisition notification.
② Give a copy of the employment regulations to the foreigner
To avoid work-related problems after employment, we recommend that you give a copy of the work regulations to the hired foreigner and have them sign the receipt.
③ Be careful about the work that foreigners are responsible for
Foreigners with an "Engineer/Specialist in Humanities/International Services" visa are limited in the work they can do. As a general rule, you cannot be asked to perform any work other than what is written on the document when applying for a visa, and you cannot engage in simple work. If a company assigns a foreigner with an "Engineer/Specialist in Humanities/International Services" visa to work other than those permitted by immigration authorities, a company may be charged with promoting illegal employment and may be subject to penalties. there is.
④ Manage visa renewal dates for foreigners
You can apply for renewal from 3 months before the expiration date written on your residence card. If you apply before the period of stay, you can continue to work even after the period has passed. However, if the period of stay has expired without applying and the company continues to work, the company may be charged with promoting illegal employment, so be careful.

[Information] Foreigner employment consulting

Our office provides services for companies that employ foreigners.Total support, from establishing a system for hiring foreign personnel to supporting their retention after acceptance.We are doing this.
In addition to providing comprehensive advice based on the specialized knowledge necessary for hiring foreigners, we can also handle all application work.
We also have three types of plans available to suit your company's needs, so if you are considering hiring foreigners, please feel free to contact us!
Please read the details from the link below.

We support foreign employment!

 
■ The person who wrote this article ■
Representative Takashi Moriyama

Takashi Moriyama
Representative of administrative scrivener corporation Climb.Specializing in visa application and naturalization application, which is an international business from the time of establishment.The number of visa applications for foreigners is about 1,000 per year, and we are confident in our abundant experience and know-how.Based on his knowledge of immigration services, he is also in charge of advisory services for employment of foreigners to companies as an advisor.

⇒Consult the "administrative scrivener corporation Climb" where this teacher is

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