Holidays for Specified Skilled Foreigners "Different from Contract"! Serious Risks Caused by Discrepancies in Working Condition Notices

To companies that support the acceptance of specified skilled foreign nationals.

There have been cases of foreign managers ignoring the stipulations of the employment conditions and changing the working days and holidays of their specified skilled foreign employees without their permission. We are constantly alerted to such behavior.

This is a result of Japan'sLabor Standards ActIn addition to being a serious problem in theRevocation of status of residence and serious impact on future acceptance of foreign nationals.The following is an example of a case in which a company's business is not only to provide a good product, but also to provide a good service.

Like Japanese workers, Specified Technical Foreigners are fully subject to the Japanese Labor Standards Law. This section explains the legal problems caused by this "discrepancy between contract and reality" and the measures that companies should take.

---

⚠️ Legal issues that disagreements over working conditions can lead to

Operating with a Specified Skilled Foreigner in a manner different from the working conditions exchanged in writing entails the following main legal risks

Violation of the obligation to clearly state working conditions (Article 15 of the Labor Standards Law)

Under the Labor Standards Law, when concluding a labor contract, the employer is required to provide the workerWorking hours, breaks and holidaysand other important working conditions.documentThe Act stipulates the obligation to clearly state in the

Item	Labor Standards Law Issues
Discrepancy with contract	If the notice of working conditions clearly states "Sundays" but the company actually designates another day of the week as a holiday, this isOperating under different working conditions from those originally specifiedCondition.
breach of express duty	If this change in working conditions is not clearly indicated again in writing, based on an agreement between labor and management,Violation of the express duty under Article 15 of the Labor Standards LawThe first two are the following.
Criteria for specific skills	In the case of specified skilled foreigners, the working conditionsLanguages that the person understandsIt is required to clearly state in the It is not sufficient to merely inform them verbally.

2. serious noncompliance in the specified skills system

What is the proper fulfillment of the contents of the employment contract in accepting specified skilled foreign nationals?Essential Requirements for Application and Renewal of Status of Residence.

• Impact on residency status: The state of affairs in which there is a discrepancy between the written terms and conditions of employment and the actual working conditions is the state of the specific skillsDoes not meet acceptance criteriaIt is judged to be a good idea. The result,Renewal of status of residence not grantedor worst case scenario,Revocation of status of residenceThere is a risk that this could lead to
• Violation of notification requirements: If the working conditions (especially holidays and the number of days off per year) are changed from those in the original contract, the receiving organization must notify the Immigration and Residence Management Agency (notification pertaining to the specified skilled employment contract). Failure to submit this notification is also a violation of the obligations under the Specified Skill System.

---

🎯 Measures companies should take now

If the current work arrangements differ from those in the Notice of Working Conditions, the following actions should be taken immediately

1. careful agreement with the foreigner himself/herself

• If it is reasonable for both parties to continue the current work schedule, the reasons for theLanguages that can be understood by the specified skilled foreign nationals themselvesI will explain in detail in the following section.
• After the changeHolidays, working hours and wagesand other new working conditions based on his/her free will.agreementPlease obtain

2. re-state in writing the changed working conditions

• agreed upon, stating the working conditions after the change.The "Terms and Conditions of Employment," once again.Prepared and delivered in a language you understand.