Rules for Employment of Foreigners

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

1. Employment of foreign workers who can work

Foreign residents are permitted to work in Japan within the scope of the status of residence stipulated by the Immigration Control and Refugee Recognition Act (hereinafter referred to as "Immigration Control Act"). For employers, when employing foreigners, please check whether employment is permitted by foreign residents' "residence card" etc.
※ When hiring or leaving foreigners, please confirm the name, status of residence, etc., and submit it to Hello Work.

2. Improvement of Employment Management and Reemployment Assistance of Foreign Workers

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

  1. Appropriate recruitment and recruitment of foreign workers
    ① Recruitment
    ② adoption
  2. Securing appropriate working conditions
    ① Equal treatment
    Do not discriminate on wages, working hours and other working conditions, due to the nationality of workers.
    ② Specification 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 Management of appropriate working hours
    In addition to managing appropriate working hours, prepare worker lists etc. Also, do not keep passports etc. of foreign workers. Also, in case of retirement, return the money belonging to the rights of said workers.
    ④ Notification of relevant laws such as Labor Standards Law
    To be informed about its contents as stipulated by relevant laws and regulations. At that time, make efforts to give necessary consideration to promote understanding of foreign workers, such as using descriptive instructions.
    ⑤ Preparation of labor list etc.
    ⑥ Return of money and others
  3. Securing safety and health
    ① Implementation of safety and health education
    When implementing safety and health education for foreign workers, do so in a way that foreign workers can understand its contents. In particular, be careful to ensure that you understand the machine equipment used for foreign workers, how to use safety equipment or protective equipment, etc.
    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
    Ensure that foreign laborers try to understand their contents by using methods such as illustrations for signs, bulletin boards, etc. on labor accident prevention in the workplace. Also, conduct medical examination according to the occupational safety and health law etc.
    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
    To inform about its contents according to the relevant laws and ordinances. In doing so, try to make necessary consideration to promote understanding of foreign workers, such as using easy-to-understand instructions.
  4. Application of employment insurance, workers compensation insurance, health insurance and welfare pension insurance
    ① Familiarization of the system and implementation of necessary procedures
    To make public about the contents of laws and ordinances concerning employment insurance, workers' accident insurance, health insurance and welfare pension insurance, and claims procedure concerning insurance benefits etc. In accordance with the provisions of laws and regulations concerning labor and social insurance, take necessary procedures such as application procedures for foreign workers who fall under the insured.
    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.
  5. Appropriate personnel management, education and training, welfare benefits 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 Living instruction
    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
    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 Benefits 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 home and changing status of residence
    When the period of stay expires, endeavor to terminate the employment relationship and to consult with the procedures for returning home. Also, at the time of changing the status of residence etc, make efforts to make consideration for working hours in proceedings.
    ⑥ Points to be noted for employers who dispatch workers or contractors
    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 dispatched person shall not receive worker dispatching pertaining to foreign workers from those who do not have permission or notice of worker dispatching business. In addition, for business owners who do contracts, comply with the Employment Security Law and Worker Dispatch Law so that they do not practically carry out labor supply projects or worker dispatching business under the terms of contract contracts. If the employment place of the foreign worker employed is within the business office of the other business owner who is the orderer, the employer who undertakes the contract shall give the person in charge of employment and labor, etc. personnel management, living instruction etc Make the duties done.

  6. Prevention of dismissal and re-employment assistance
    In the case of reducing the scale of the project etc., it is recommended not to make easy dismissal etc to foreign workers, and when unavoidably doing dismissal, etc., for related persons who are interested in reemployment etc. Implementation of training, education and training etc · Attendance to make necessary assistance so that re-employment according to the status of residence of foreign workers such as offering of recruitment and job offering information can be made.

3. About notification of employment situation of foreigners

Based on the Employment Measures Law, for employers hiring foreigners * so that foreign workers can demonstrate their abilities appropriately, confirm their names, status of residence, etc. when employing or leaving foreigners , And it is obliged to report it to Hello Work (Employment Countermeasures Act 28 Article). For details, please refer to the "Notification System of Foreign Employment Status" below.

* Those who do not have Japanese citizenship and who are not eligible for status of residence "diplomacy" "official" will be subject to notification. In addition, "special permanent resident" is not subject to the notification.
Regarding the method of reporting the status of employment of foreigners, the format to be used, the items to be notified, and the notification deadline will differ depending on whether the applicable foreigner is an insured person of employment insurance.

Illegal employment promotion crime

The following one is a crime of 73 2 term of 1 article of Immigration Control Act,
The punishment imposed on employer side involves illegal employment promotion crime
A sentence of imprisonment less than 3 years or a fine of 300 ten thousand yen or less will be imposed.
Person who caused foreigners to engage in illegal work as regards business activities.
Those who put this under their control in order to allow foreigners to engage in illegal work.
A person who has engaged in acts causing foreigners to engage in illegal work as a work or mediated relating to the acts of the preceding item.
Because it is a punishment, it means that there is a possibility that a company may be presided.