What notifications are required when a specified skilled worker retires?

One day, a foreigner with specific skills quit his job.
At such times, many people may not know where to start.
This article explains the notifications required when a specified skilled worker retires.

If you are asked to resign, you will need to notify the Immigration Bureau and Hello Work.
In other cases, you may be required to notify a specific support organization.

We also introduce in detail the procedures to be followed at the time of retirement, which you should know when hiring foreigners with specific skills.
This is an important procedure because you may be subject to penalties if you do not perform it properly.
If your company employs foreigners with specific skills, please use this as a reference.

Procedures when an employed foreigner with specified skills resigns midway through the employment

When an employed foreigner with specific skills requests retirement, there are certain procedures that the employer must take.
It's tempting to think about filling in the blanks for the jobs that were handled by the person who is retiring, but don't forget to follow the steps below.

1. Notification to Immigration Bureau
2. Notification to Hello Work

1. Notification to Immigration Bureau

When a foreigner with specific skills retires, the employer willWithin 14 days from the date of retirementIt is necessary to notify the Immigration Bureau of your resignation.
Please complete and submit the following documents.

● Notification regarding difficulty in acceptance
● Notification regarding specific skill employment contract
● Notification regarding change in support plan
● Notification regarding full support contract

If you do not report promptly, it may cause legal trouble.
If you fail to do so, you will be considered disqualified due to non-compliance with your notification obligations.
If that happens, we will not be able to continue hiring other specific skilled workers.

There is a tight schedule for reporting to the Immigration Bureau, so be sure to act early.

2. Notification to Hello Work

Just like with immigration, you need to submit a notification to Hello Work.
This depends on whether the retiring foreigner is insured by employment insurance or not.
If the foreigner was insured by employment insurance, he or she only needs to submit a notification of loss of qualification as insured by employment insurance, but if the foreigner is not insured, the foreigner's employment status notification form must be submitted to Hello Work when the foreigner retires. must be reported to.

It takes longer to submit this employment status notification form to Hello Work than the immigration office, and you can submit it by the end of the month following your retirement.
However, it will be a burden if you postpone it, so we recommend doing it as soon as possible.

Is it necessary to submit a “notification regarding termination or conclusion of a support entrustment contract” when retiring?

When a specified skilled worker retires, some people may be wondering how to submit a "notification regarding termination or conclusion of a support entrustment contract."

In conclusion, it depends on the following two cases.
Please compare it to your own situation.

1. If support is not entrusted to a registered support organization
2. If support is entrusted to a registered support organization

1. If support is not entrusted to a registered support organization

If you have not entrusted support to a registered support organization, you do not need to submit a notification.
The "Notification form regarding termination or conclusion of support entrustment contract" is a document that needs to be submitted only when support is entrusted to a registered support organization.
Since it was not commissioned, there is of course no need to submit it.

2. If support is entrusted to a registered support organization

If you are entrusting support to a registered support organization, you will need to submit a "Notification of Termination or Conclusion of a Support Entrustment Contract".
Be sure to submit this form when the foreign national in question retires.

The same applies if there is a foreigner who is entrusted with support other than a retired specified skilled foreigner.
Submission is required as this is a notification related to the foreigner concerned.

On the other hand, even if you say you are retiring, there are cases where you are temporarily retiring to return to your home country.
In such cases, make a judgment based on whether the support has terminated the outsourcing contract.
There is no need to submit this form if you are returning to your home country temporarily without terminating your support contract.

Whether or not you need to submit this information will vary depending on the case, so please consider it in light of your company's employment contract.

Are there any penalties for not submitting a “notification regarding difficulty in acceptance” or “notification regarding termination or conclusion of a specific skill employment contract”?

When a specified skill foreigner retires, he or she must submit a "notification regarding difficulty in accepting" or "notification regarding termination or conclusion of a specified skill employment contract."

As an acceptor, you should be concerned about the penalties for not submitting your application.
In short, there are penalties.
If you do not submit a notification form, it will be considered that the specific skill organization has not fulfilled its obligations.
As a result, there is a possibility that the applicant will fall under the grounds for disqualification and will not be able to accept specific skilled foreigners.

However, failure to submit does not necessarily mean that it falls under the grounds for disqualification.
The circumstances under which penalties may be imposed vary on a case-by-case basis.
If the Immigration Bureau interviews the applicant's affiliated institution and determines that there is no malicious intent, it may be determined that the applicant does not fall under any grounds for disqualification.

Since it depends on the decision of the immigration authorities, it is basically a good idea to make sure to submit the notification form.

What is the procedure if I decline the job offer after obtaining a status of residence but have not yet completed the employment procedures?

If you decline a job offer after obtaining a status of residence, you will have to return your Certificate of Eligibility because the examination of your status of residence has already been completed.
This is because the purpose of obtaining the status of residence is different.

If you have sent it overseas, it would be a good idea to have the "Certificate of Eligibility for Residence" returned to you.
Once you receive it, please return it to the Immigration Bureau with a reason.

There is an expiration date, so if left unchecked, it will automatically lose its effectiveness, but the company's stance on hiring is highly evaluated.
If it is determined that you are enthusiastic about immigration, you will be able to proceed with a positive impression when accepting foreigners in the future.

The same applies if you decide to postpone your joining due to personal circumstances. Please return it and then apply again.

Do foreign nationals with specific skills need to submit a notification?

When a specified skilled worker retires, there are some things that the person himself/herself must report.
"Notification regarding affiliated institution (reference form 1-4 (termination of contract))".
This is a report that the contract with the contracting organization (company) has ended.

The specified skilled foreign national must submit it to the immigration office within 14 days from the date the contract with the affiliated organization ends.
This is important because without this notification, your visa change application may not be approved.

The procedure can be done in the following ways, so choose the method that is easiest for you to apply.

● Internet (Immigration Services Agency electronic notification system)
● Bring it to the Immigration Bureau counter.
● Mail to the Immigration Bureau

If you fail to report, you will be subject to penalties.

After leaving the company, are there any procedures required when changing jobs to another company (with the same job content)?

If you want to change jobs to another company after leaving your company, you will need to complete a visa change procedure.
Even if you are working using the same "Specified Skilled Worker" visa, you will need to apply for permission to change your status of residence because your workplace will change.
This is because the specific skill visa specifies the ``specified skill organization that is the company you work for'' in the designation document.

When you change jobs, the institution to which you belong will change as indicated on your designation form.
I need to apply for a specific skill visa that is different from the current one and get permission.

At this time, you need to be careful about the type of application.
Please note that the application is not a "renewal permit application" but a "change permit application".

Summary

If a specified skilled worker requests retirement, immediately report the resignation to the Immigration Bureau and Hello Work.
If you have requested support from a registered support organization, you will also need to notify them.
Failure to do so may result in penalties, which will vary on a case-by-case basis.
It may become impossible to accept foreigners with specific skills.
The period until notification is short, so be sure to prepare and submit the documents promptly.

For questions about specific skills, please contact Climb
Please feel free to contact us by phone or inquiry form.!

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