Important labor management points to note for companies hiring foreign workers for the first time: Immigration Law and Labor Standards Law

Hiring foreign workers has great advantages in solving labor shortages and promoting the internationalization of companies. However, companies hiring foreign workers for the first time need to pay particular attention to two points that differ from hiring Japanese workers: compliance with the Immigration Control Act and strict adherence to the Labor Standards Act.

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1. 🚨 Compliance with immigration law related: prevention and proper control of illegal employment

Immigration Control and Refugee Recognition Act (Immigration Control and Refugee Recognition ActCompliance with the "Labor Standards for Foreign Workers" (hereinafter referred to as "Labor Standards") is a prerequisite for employing foreign workers, and companies may be subject to penalties (e.g., for encouraging illegal employment) if they violate this rule.

📌 Important information to be strictly observed

• Thoroughly check and manage residency status
  • Confirmation of work availability:. Before hiring, be sure toresident cardand asked to present the original copy of theResident status.",Period of stay."and "availability for work".
    • In principle, those with "College Student" or "Family Visa" status are restricted from working, but with "Permission to Engage in Activity other than that Permitted under the Status of Residence," they may work up to 28 hours per week, with some restrictions. It is necessary to confirm whether or not you have this permission and the restrictions on the reverse side.
  • Residency Management:. Know if your period of stay has expired and when it is due for renewal, and if it has expired (see below).overstayCompanies must have a management system in place to ensure that overstayed workers do not end up working in the U.S. or in other countries. If overstayed workers are allowed to work, they will be charged with encouraging illegal employment.
  • Match of status of residence and job description:. The status of residence (e.g., "Engineer/Humanities/International Services" or "Specified Skills") held by the foreigner to be hired.scope of activity(job description) and the actual work to be assigned.
  • Currently, there are many foreigners staying in Japan who are seeking jobs, and about these persons as well,The status of residence and job description are strongly required to match.
    
• Notification of Employment Status of Foreign Nationals
  • of foreign workers.hiring.leaving or losing a jobNotify Hello Work when youNotification of Employment Status of Foreign NationalsYou are obliged to do so (see below). Failure to file a report or making a false report is also subject to penalties (a fine of up to 300,000 yen).

✅ Specific actions companies should take

Companies that employ foreign nationals must ensure that the following measures are taken

1. Residence card verification and recording:.
   • Before hiring, be sure to obtain a residence cardthe originaland asked them to present theConfirmation of "Status of Residence" and "Period of Stay" and a copy of them.storage.
   • In particular, the "Technical/Humanities/International ServicesQualifications with limited job descriptions, such as "Study abroad"Family Stayetc.Permission to engage in activities other than that permitted under the current status of residenceOn the reverse side, for those who work inDetailed checks of work restrictions and activities.
2. Confirmation of job fit:.
   • The work you are planning to do is an activity permitted under the foreigner's status of residence.Fully applicable orCarefully determine theAs a rule, operations in which the majority of the work is simple labor are not allowed..
   • In the case of "Technical/Humanities/International Services" status of residence, the applicant's academic and professional backgroundandDuties to be performedpalacerelevanceis also an important aspect of the screening process.
3. Use of "Certificate of Eligibility for Employment":.
   • After being hired, the foreign worker must submit a "Certificate of Eligibility for Employment" to the local immigration office with jurisdiction over his/her place of residence.The company can confirm that the planned duties are within the scope of the status of residence by applying for the issuance of a "Work Permit". This is a good way for companies to avoid the risk of illegal employment.It is a strong collateral.

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2. ⚖️ Ensure Labor Standards Law: Ensure working conditions equivalent to those of Japanese nationals

Foreign workers as well as Japanese workersLabor Standards Actand other Japanese labor-related laws and regulations apply.Any unfair and discriminatory treatment on the basis of nationality will not be tolerated.

📌 Important matters to be complied with

• Ensure working conditions equivalent to those of Japanese nationals
  • All working conditions, including wages, working hours, vacations, vacations, health and safety, and accident compensation, must be set equal to or better than those of Japanese workers.
  • Particularly,minimum wageIt is important to comply with the following and not set unreasonably low wages.
  • Overtime Payments.Granting of paid leaveWe will also take appropriate action in accordance with Japanese law with regard to the
• Clearly stated working conditions and language considerations
  • When concluding a labor contract, wages, working hours, etc.Specify working conditionsIt is obligatory to do so.
  • To ensure that foreign workers understand the content accurately,native languageorEasily understood language（It is preferable to deliver a written document prepared in (Japanese and foreign language).
• Compliance with restrictions on termination of employment, etc.
  • For foreign workers, the Japanese law also provides for notice of dismissal and the abuse of the right to dismiss, etc.Dismissal Ruleswill be applied. Easy dismissal is not permitted.

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💡 Summary

The employment of foreign workers requires thorough legal compliance from two aspects: not allowing them to work illegally (Immigration Control Act) and treating them properly without discrimination (Labor Standards Act). Especially for first-time employers, the key to avoiding risks and stabilizing the business is to utilize specialists such as administrative scriveners to establish appropriate procedures and labor management systems.