Rules and precautions for employment of foreigners

 Regarding the employment of foreigners, I introduce because the Ministry of Health, Labor and Welfare provides the following rules.

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)
● Advanced Professional No. 1 (advanced human resources who meet the specified points)
 Advanced Professional 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.)
● Specific Skill No. 1 (Workers in 14 specific skills fields)
 Specific Skill 2
● Technical intern training No. 1 (technical intern trainee)
 Technical internship 2
 Technical internship 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 status of residence is called status of residence, and is the status of residence given to the status, not the activities of foreigners.
Foreigners with this status of residence have no restrictions on their activities while they are in Japan, so they can work in various fields and can do any kind of work as long as they do not comply with 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 status of residence currently held by the foreigner with the residence card.
・ If the current status of residence and the work content or occupation you plan to hire do not apply, you must change the status of residence to match the work content you plan to hire.
 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 employment status such as technology, humanities knowledge, international affairs, etc., you do not need to apply for change, and a passport that describes the place of employment is affixed to the passport such as specific activity, advanced profession, and specific skill. If you do, you will need to apply for a change even if you have the same status of residence each 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.)

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.

詳 し く は 「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)

[Excerpt of foreign guidelines]

Measures to be taken by employers regarding improvements in employment management of 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

・ In addition to managing appropriate working hours, prepare a list of workers.
・ Do not store passports of foreign workers.
・ When retiring, return the money that belongs to the worker's rights.

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

・ Disseminate the contents as required by relevant laws and regulations.
  In that case, make efforts to give necessary consideration to promote the understanding of foreign workers, such as using easy-to-understand instructions.

⑤ Preparation of worker list, etc.
⑥ Return of money, etc.
▼ Ensuring safety and health
① Implementation of safety and health education

-When conducting safety and health education for foreign workers, use a method that allows the foreign workers to understand the contents.
  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

-Try to use methods such as illustrations for signs and notices related to the prevention of occupational accidents in the workplace so that foreign workers can understand the contents.
・ Conduct a medical examination as stipulated by the Industrial Safety and Health Act.

④ Implementation of medical examination etc.
⑤ Implementation of health guidance and health counseling
⑥Well-known knowledge of related laws such as the Industrial Safety and Health Act

・ Disseminate the contents as required by relevant laws and regulations.
・ In that case, make efforts to give necessary consideration to promote the understanding of foreign workers, such as 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 disseminate the contents of laws and regulations related to employment insurance, workers' accident compensation insurance, health insurance and welfare annuity insurance, and the procedure for claiming insurance benefits.
-Take necessary procedures such as application procedures for foreign workers who fall under the insured in accordance with the provisions of laws and regulations related to labor and social insurance.

② Assistance for claiming insurance benefits etc.

· When a foreign worker leaves his / her job, make necessary procedures such as issuance of a job release slip, and try to teach the window of the public employment security office concerning receipt of unemployment etc. benefits and other necessary assistance .
· In case of occupational accidents, etc., make efforts to respond to consultation from foreign workers on behalf of claims for workers' compensation insurance benefits and other procedures, act on behalf of such procedures, and provide other necessary assistance.
· When a foreign worker with an entry period of 6 years or more wishes to return to Welfare Pension Insurance, he / she explains that he / she can request payment of withdrawal lump sum after returning home and tells the window of the relevant organization such as pension office Try as much as you can.

▼ 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, end the employment relationship and endeavor to consult with the procedure for returning to Japan.
・ When changing your status of residence, make an effort to consider working hours in the procedure.

▼ 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 an international student as a new graduate, the international student must obtain permission to change his / her status of residence.
・ When hiring as a part-time job, please note that permission for activities outside the qualification is required and that activities outside the qualification are restricted to 28 hours per week in principle.
 In particular, this principle tends to be broken within 28 hours a week due to sharing with other workplaces.
 In addition, there is no particular starting point for 28 hours a week, and it is required to be within 28 hours a week no matter where you calculate.
 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 guilty not only of the foreigner who is hiring but also of the employer.

[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 of the punishment, the company may have a criminal record and the employer is required to confirm the identity before employment.

[Obligation of business owners to hire 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?
・ Temporary deportation means that people who have already been deported or who are in the process of deportation on suspicion of violating the Immigration Control and Refugee Recognition Act are detained in the detention facility of the Immigration Bureau of Japan. It should be temporarily deported for health reasons.Some foreigners continue to stay in Japan for a long time under this provisional release situation.
・ Temporary release is not a residence permit, so basically you cannot work.
・ You cannot work if the condition on the back of the provisional release permit is that you cannot engage in activities that receive profession or remuneration.


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

[Adviser contract] Administrative scrivener directly supports employment of foreigners

 

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Accepting 365 hours a day, 24 days a year

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