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 easy to think of prioritizing filling the gaps left by the person who is retiring, but don't forget to follow the steps below.

1. 1. Notification to Immigration Bureau
2. 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 retirement"ToNotification of resignation to the Immigration Bureauyou need to do.
Please complete and submit the following documents.

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

If you do not report promptly, it may cause legal trouble.
If you can't,Failure to comply with notification obligationsByReason for disqualificationApplies to.
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

Hello Work requires the same notification as the immigration office.
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 eligibility to be insured by employment insurance, but if the foreigner is not insured, theForeigner Employment Status Notification Formmust be reported to Hello Work.

The deadline for submitting this Employment Status Notification Form to Hello Work is longer than the Immigration Bureau, and you can submit it until the last day 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 specific skilled foreigner retires,“Notification form regarding termination or conclusion of support outsourcing contract”Some of you may be wondering how to submit your application.

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

1. 1. If support is not entrusted to a registered support organization
2. 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, please submit a notification.Must not.
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 support is entrusted to a registered support organization,“Notification form regarding termination or conclusion of support outsourcing contract”Is required to be submitted.
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, the decision should be made based on whether the outsourcing contract has been terminated.
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 specific skilled foreigner retires,“Notification regarding difficulty in acceptance”,“Notification form regarding termination or conclusion of specific skill employment contract”must be submitted.

As an acceptor, you should be concerned about the penalties for not submitting your application.
Speaking from conclusion,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,Reason for disqualificationcorresponds toPossibility of not being 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 affiliated organization 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, the examination of your status of residence has already been completed.Return of Certificate of Eligibilityyou have to
This is because the purpose of obtaining the status of residence is different.

If you are sending it overseas,"Certificate of Eligibility"It would be best if you could send it back.
Once you receive it, please return it to the Immigration Bureau with a reason.

Since there is an expiration date, it will automatically lose its effectiveness if left unattended, but the company's attitude towards 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.

From the date the contract with the affiliated institution endsWithin 14 DateThe specific skilled foreigner himself/herself must submit it to the Immigration Bureau.
Without this notification,Possibility that your visa change application will not be approvedIt is important because there is

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 change jobs to another company after retirement,Visa change procedure required.
Even if you work using the same “Specified Skilled Worker” visa, your workplace will change.Apply for change of status of residenceLet.
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.
The application is"Application for renewal permission"not"Application for change permission"Please be careful.

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.
If you fail to submit, penalties may be imposed and you may not be able to accept specified skilled foreigners.
The deadline for notification is short, so be sure to prepare and submit the documents promptly.

For questions about specific skills, please contact Climb
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