Rules and precautions for employment of foreigners

Employment of foreigners who can work

For foreigners,Immigration controlas well as the Refugee recognition lawEmployment activities in Japan are permitted within the scope of the status of residence stipulated by the Immigration Control and Refuge (hereinafter referred to as the "Immigration Control and Refuge").
If you are a business owner, when you hire a foreigner,Check if you are allowed to work with a foreigner's "Residence Card" etc.please.
* When hiring or leaving a foreigner, please check your name, status of residence, etc. and notify Hello Work.

XNUMX. XNUMX.Foreigners with the following status of residence can carry out employment activities within the range specified in each status of residence.

• ● Diplomacy (foreign government ambassadors, ministers, etc. and their families)
• ● Public use (those engaged in public affairs such as foreign governments and their families)
• ● Professor (university professor, university lecturer, etc.)
• ● Performing arts (composer, painter, writer, stage director, etc.)
• ● Religion (Missionaries dispatched from foreign religious groups, etc.)
• ● Press (foreign news reporters and cameramen)
• ● Highly-skilled professional No. 1 (highly-skilled personnel who meet the specified points), highly-skilled professional No. 2
• ● Management / Management (Company managers and managers)
• ● Legal / accounting services (qualification holders such as lawyers, certified accountants, administrative scriveners)
• ● Medical care (medical workers such as doctors, dentists, and nurses)
• ● Research (researchers of public and private institutions in Japan, etc.)
• ● Education (Language instructors at high school, junior high school, elementary school, etc.)
• ● Technology, humanities knowledge, international work (engineers, interpreters, designers, language instructors, etc.)
• ● Transfer within a company (transferred from a foreign branch or head office related to a Japanese company)
• ● Nursing care (certified care worker)
• ● Entertainment (actors, singers, athletes, etc.)
• ● Skills (foreign cooking cooks, sports instructors, etc.)
• ● Specified Skills No. 1 (for workers in 14 specific skill fields), Specified Skills No. 2
• ● Technical Intern Training No. 1 (Technical Intern Trainee), Technical Intern Training No. 2, Technical Intern Training No. 3

XNUMX.As a general rule, foreigners with the following status of residence cannot engage in employment activities.

• ● Cultural activities (research on Japanese culture and Japanese technology, etc.)
• ● Short-term stay (sightseeing, business invitation, relative visit, etc.)
• ● Study abroad (university, junior college, vocational school, Japanese language school students)
• ● Training (trainees)
• ● Family stay (spouse and child of a foreigner residing with a working status of residence)

XNUMX. XNUMX. Foreigners who have been granted "specific activities"

For specific activitiesIf it is a employment activityOrWhen the specified activity includes employment activityonly,It is possible to carry out employment activities within the specified range.

* In any of the above cases XNUMX to XNUMX, "Allowance for activities outside your statusIf you get "", you can work only if you have permission.

The following statuses of residence areStatus of residenceThis is a status of residence that is given based on a foreigner's status, not on their activities.
Foreigners with this status of residence are:There are no restrictions on activities during your stayThis means that you can work in a variety of fields and can do any job as long as it does not violate the law.

• ● Permanent Resident (Person who has received a permanent residence permit)
• ● Residents (third-generation Japanese, children of foreign spouses, etc.)
• ● Japanese spouse, etc. (Japanese spouse, real child, special adoption)
• ● Spouse of permanent resident (spouse of permanent resident / special permanent resident and real child born and staying in Japan)

Precautions after accepting foreigners

① Confirmation of status of residence

Check the residence card to see what status of residence a foreigner currently holds.
If your current residence status does not match the job content or type of work you are expected to do, you will need to change your residence status to one that matches the job content of your expected employment.
You also need to make sure that the foreigner you are hiring meets the status of residence criteria that apply to your planned employment.

② Conclusion of employment contract (written)

It is desirable to prepare labor contract documents such as employment contracts and notifications of working conditions in a language that can be understood by the foreigners who employ them.

③ Application for work visa (application for permission to change status of residence)

If you want to hire a foreigner who is already in Japan with the same job content as before you changed jobs, there are cases where you do not need to apply and cases where you do.
If you have a general work-related visa status such as Engineer, Specialist in Humanities, or International Services, you do not need to apply for a change.
If you have a designation such as specific activities, highly skilled, or specific skills affixed to your passport indicating your place of employment, you will need to apply for a change of residence status every time you change jobs.
This is because the status of residence is given by working at the workplace.

④ Preparation for acceptance (company housing, etc.)

Prepare the working environment for the foreigners you plan to employ.

⑤ Various notifications and applications (after joining the company)

It is better to confirm the notifications and applications made by the foreigner, such as resident registration, without leaving it to the foreigner.

Notification of employment status of foreigners

Based on the Employment Measures Law, so that foreign workers can properly demonstrate their abilitiesFor business owners who hire foreigners (*), when hiring or leaving a foreigner,Confirm the name, status of residence, etc., and notify Hello Work.Is obligatory.(Article 28 of the Employment Measures Law)
(*) Those who do not have Japanese nationality and whose status of residence is not "diplomatic" or "public" are eligible for notification.In addition, "Special Permanent Residents" are not subject to notification.

If you are covered by employment insurance

If the foreign worker you hire is covered by employment insurance,Notification of qualification for employment insurance insuredWill be submitted.

If you are not covered by employment insurance

If the foreign worker to be hired is not covered by employment insurance, submit a "Foreign Employment Status Notification Form" to the Hello Work office under the jurisdiction by the end of the month following hiring and leaving the job.
Regarding notification system of foreign employment situation."

Improvement of employment management of foreign workers and support for reemployment

Employers who hire foreign workers should consider the ability of foreigners employed by foreign nationals to consider their abilities in view of the fact that foreigners do not have sufficient knowledge on employment practices in Japan and information on employment necessary for job seeking activities, Implement measures to make it easier for you to adapt to the workplace · Improve other employment management as well as make efforts for reemployment assistance in case of getting off due to dismissal etc etc so that you can demonstrate it effectively. (Article 8 of Employment Measures Law)

Necessary measures that employers should take to improve the employment management of foreign workers (Excerpts from the Guidelines for Foreign Workers)

▼ Appropriate recruitment and recruitment of foreign workers

When recruiting, it is necessary to clearly indicate the business content, labor contract period, place of employment, working hours, treatment, etc. by issuing a document.
When hiring, make sure that you are an authorized person to engage in, and strive for fair recruitment selection.

▼ Ensuring proper working conditions

① Equal treatment

Do not discriminate on wages, working hours and other working conditions, due to the nationality of workers.

② Clarification of working conditions

When concluding a labor contract with a foreign worker, deliver a document clarifying the content so that the foreign worker can understand the main working conditions such as wage, working hours etc.

③ Appropriate management of working hours

Manage working hours appropriately.

④ Dissemination of related laws and regulations such as the Labor Standards Act

The contents of the information will be made public in accordance with the provisions of relevant laws and regulations.
In doing so, efforts should be made to take the necessary steps to promote understanding among foreign workers, such as by using easy-to-understand instructions.

⑤ Preparation of worker list, etc.

Prepare employee lists, etc.

⑥ Return of money, etc.

Do not keep the passports, etc. of foreign workers.
In addition, when a worker resigns, he or she must return any money or valuables that are his or her right.

▼ Ensuring safety and health

① Implementation of safety and health education

When providing safety and health education to foreign workers, the education must be provided in a manner that allows the foreign workers to understand the content.
In particular, make sure that you understand how to use machinery, safety devices or protective equipment for foreign workers.

② Implementation of Japanese language education etc. to prevent occupational accidents

To make it easier for foreign workers to understand instructions for prevention of occupational accidents, endeavor to acquire necessary Japanese and basic cues etc.

③ Labels and notices relating to occupational accident prevention

Strive to ensure that signs and notices regarding the prevention of industrial accidents within the workplace are presented in a manner that foreign workers can easily understand, such as by using illustrations.

④ Implementation of medical examination etc.

Conduct health examinations in accordance with the Industrial Safety and Health Act, etc.

⑤ Implementation of health guidance and health counseling

⑥Well-known knowledge of related laws such as the Industrial Safety and Health Act

The contents of the plan shall be publicly announced in accordance with the provisions of relevant laws and regulations.
In doing so, efforts should be made to take necessary measures to promote understanding among foreign workers, such as by using easy-to-understand instructions.

▼ Application of employment insurance, workers' accident compensation insurance, health insurance and welfare annuity insurance

① Familiarization of the system and implementation of necessary procedures

Make efforts to publicize the contents of laws and regulations related to employment insurance, workers' compensation insurance, health insurance, and employee pension insurance, as well as procedures for claiming insurance benefits.
In accordance with the provisions of labor and social insurance laws, take the necessary procedures, such as application procedures, for foreign workers who are insured persons.

② Assistance for claiming insurance benefits etc.

When a foreign worker leaves his/her job, necessary procedures must be carried out, such as issuing a notice of separation from employment, and efforts must be made to provide the worker with information on the contact points at public employment security offices for receiving unemployment benefits and other necessary assistance.
In the event of a work-related accident, etc., we will endeavor to respond to consultations from foreign workers regarding claims for workers' compensation benefits and other procedures, handle such procedures on their behalf, and provide other necessary assistance.
When a foreign worker who has been a member of the Employees' Pension Insurance for six months or more returns to his or her home country, the government must explain to him or her that he or she may apply for a lump-sum withdrawal payment after returning to his or her home country, and endeavor to provide him or her with the contact points of relevant institutions, such as pension offices.

▼ Appropriate personnel management, education and training, welfare, etc.

① Appropriate personnel management

Various human resources such as clarification of image of employees such as qualities and abilities required at workplace, improvement of conditions that are the prerequisites for smooth communication at the workplace, transparency of management related to personnel management such as evaluation · wage determination, arrangement etc. Endeavor to develop an environment that is easy to demonstrate.

② Life guidance, etc.

To provide guidance for deepening your understanding of Japanese language education and Japanese lifestyle habits, culture, customs, employment practices etc, and try to respond to living or professional consultation from foreign workers.

③ Implementation of education and training, etc.

Implementation of education and training, other efforts to take necessary measures, improvement of complaints and consultation system, implementation of introduction training in native language, efforts to improve workplace environment that is easy to work.

④ Welfare facility

Endeavor to ensure proper accommodation facilities and make sure that sufficient opportunities are guaranteed for facilities such as lunch, medical care, education, culture, physical education and recreation.

⑤ Assistance for returning to Japan and changing status of residence

When the period of stay expires, the employment relationship will be terminated and efforts will be made to provide consultation regarding the procedures for returning to one's home country.
When making changes to residence status, etc., efforts will be made to take into consideration working hours etc. involved in the procedures.

▼ Dismissal prevention, reemployment support

When reducing the scale of business for economic reasons, etc., efforts must be made to avoid easy dismissal of foreign workers.
When dismissal is unavoidable, support reemployment for those who wish to re-employ, according to the status of residence of foreign workers, such as mediation to related companies, implementation of education and training, attendance, etc. Strive.

▼ Points to note for business owners who dispatch or contract workers

The dispatching business owner shall comply with the Worker Dispatch Law and make appropriate business operations.

• · Explain specific contents of temporary work to said foreign worker such as the work content to be engaged, the place of work, matters concerning direct ordering of said foreign workers
• · Name of foreign workers dispatched to dispatched workers, notification of labor / social insurance subscription etc.

The dispatch destination shall not receive worker dispatch related to foreign workers from a person who does not have permission or notification of the worker dispatch business.
Furthermore, the employer who undertakes the contract shall comply with the Employment Security Law and the Worker Dispatching Law so as not to substantially carry out the worker supply business or the worker dispatching business in the name of the contract contract.
If the place of employment of the foreign worker to be hired is within the place of business of another business operator who is the orderer, the business owner who undertakes the contract will provide personnel management, life guidance, etc. to the employment labor manager, etc. within the place of business. To do the job.

▼ Appointment of employment labor manager

When hiring 10 or more foreign workers at all times, appoint a personnel section manager, etc. as the person in charge of employment and labor.

▼ Necessary measures to be taken according to the status of residence of foreign workers

● Specific skills

It is necessary to properly implement necessary notifications and support, paying attention to the standards of employment contracts and the standards of the host organization stipulated in the Immigration Control and Refugee Recognition Act.In addition, for foreigners with specific skills, it is necessary for the host organization or the registration support organization entrusted with the support to continue to provide the legal support.

● Technical intern trainee

Pay attention to the contents of "Basic Policy on Proper Implementation of Technical Intern Training and Protection of Technical Intern Trainees", etc., and work so that technical intern trainees can acquire effective skills.

● International students

When hiring international students as new graduates, etc., the students must obtain permission to change their residence status.
When hiring someone as a part-timer, please be aware that they will need permission to engage in activities outside of their status of residence, and that activities outside of their status of residence are generally limited to 28 hours per week. In particular, this rule of 28 hours per week is often violated by people working multiple jobs at other places. Also, there is no specific starting point for the 28 hours per week, and no matter where you calculate from, you are required to keep it within 28 hours per week.
In recent years, the examination of the study abroad examination department has been strict, and it can be said that special attention is required because the period of study abroad is not permitted to be renewed and the application for change to the working status of residence is increasingly denied.
And, of course, the limit of 28 hours a week is also given to the employer, so if you violate it, you may be subject to punishment.

<Ministry of Health, Labor and Welfare:Brochure on rules for employment of foreigners>

Illegal employment is a crime that not only the foreign nationals employed but also their employers are held accountable for.

[Punishment imposed on the employer side "Illegal employment promotion crime"】

The following one is a crime of 73 2 term of 1 article of Immigration Control Act,"Prisonment of up to 3 years" or "fine of up to 300 million yen"Will be imposed.

• ・ When illegal immigrants and deportees work
• ・ Overstay or smuggled people work
• ・ People who have been deported will work, etc.
• ・ When working without permission from the Immigration Bureau of Japan
• ・ International students and those applying for refugee status work without permission
• ・ Persons who have entered Japan for the purpose of short-term stay such as sightseeing work
• ・ When a foreigner who is permitted to work exceeds the range permitted by his / her status of residence
• ・ A cook or a person who is recognized as a language school teacher does unskilled labor at the factory.
• ・ International students work beyond the permitted working hours

Because it is a criminal penalty, there is a possibility that the company will have a criminal record, which is why employers are required to check the identity of employees before hiring them.

Obligations of employers who employ foreigners

▼ Confirmation of identity before employment

● General business

Before hiring a foreigner, you will be asked to show your residence card and passport, and you will be asked if you are a foreigner who can be hired by checking the status of residence / period, period of stay, permission for activities outside the status, etc. please confirm.
[Penalties] Imprisonment for up to 3 years, a fine of up to 300 million yen, or both may be imposed.

● Customs business

Customs business operators, etc. who are engaged in business such as entertainment, food and drink, etc., regarding the business, the date of birth, nationality, and status of residence, period of stay for those who do not have Japanese nationality. , You must confirm the existence of permission for activities outside the status of qualification, and create and save a record of confirmation.
[Penalty] Fine of 100 million yen or less

▼ Notification of employment status of foreigners

Article 28 of the Act on Comprehensive Promotion of Labor Measures, Stabilization of Employment of Workers and Enhancement of Work Life, etc.
When hiring or leaving a foreign worker (excluding "diplomatic" and "public" and "special permanent resident" status of residence), all business owners shall have the foreigner's name, status of residence, period of stay, etc. It is obligatory to notify the Minister of Health, Labor and Welfare (Hello Work).
[Penalty] Fine of 30 million yen or less

▼ Points when confirming residence card

● Check if you have a residence card

Be sure to use the actual residence card when confirming your identity, as the contents may be tampered with when copying the residence card.
Employers may also be punished if they work illegally without confirming the actual residence card.

● Check the column for work restrictions on the surface of the residence card

・ In the case of "No work restrictions", there are no restrictions on the work content.
・ If you cannot work, you cannot hire in principle, but please see the permission column for activities outside the status of residence on the back of your residence card.
・ If there are some work restrictions, please see the restrictions.

● Check the non-qualified activity permission column on the back of the residence card

Even if the "Existence of employment restrictions" column on the front of the residence card states "No work" or "Only employment activities based on the status of residence are possible", the "Working activities based on the status of residence" will be displayed on the back.Non-qualified activity permission columnYou can work based on the restrictions stated in.
<Description example>
・ Permit (within 28 hours a week in principle, excluding engagement in customs business)
・ Permit (activity within the range stated in the non-qualified activity permit)

● If you can work without having a residence card

Those who have been granted a period of stay of "March" or lesspassportPlease check if you can work at.
Those who are resident with the status of residence of "College Student", "Training", "Family Stay", "Cultural Activities", and "Short-term Stay" are not allowed to work in principle. can not.

What is provisional release?

Provisional release is when a person who has already been deported or who is currently undergoing deportation procedures due to suspicion of violating the Immigration Control and Refugee Recognition Act is temporarily released from detention for health reasons, etc., even though he or she would normally be detained in a detention facility run by the Immigration Services Agency. Some foreigners continue to reside in Japan for the long term under this provisional release status.
Provisional release is not a residence permit, so you are generally not allowed to work.
If the back of your provisional release permit states that you "may not engage in occupational or remunerative activities," you will not be able to work.

Climb, an administrative scrivener corporation, will continue to support your concerns regarding employment of foreigners.
Please see below for details about the advisory contract!

[Adviser contract] Administrative scrivener directly supports employment of foreigners