JUDICIAL ASPECTS

JUDICIAL ASPECTS

About VISA


Foreigners need a work visa to work in Japan

 

When a foreigner enters or resides in Japan to get a job and work in Japan, the basic matters concerning this are stipulated in the " Immigration Control and Refugee Recognition Act".

The status of residence is as follows.

(From the Immigration Services Agency of Japan website)

http://www.moj.go.jp/isa/content/930002260.pdf

 



1. Status of residence that allows you to work regarsdless of occupation or industry


«Permanent resident»,

«Permanent resident spouse»,

 «Spouse or Child of Permanent Resident»,

«Long-term resident».


Those with the above status of residence have no restrictions on their activities in Japan. Regardless of the genre of occupation, if you have a job that you want to get, you can work if you take and pass the entrance examination. You can also change jobs freely.

 

2. Status of residence that allows you to work only within a certain range of occupations, industries, and work contents



 Those other than 1 above can work in Japan if they have the following work visa.


 

 «Diplomat»,

«Official»,

«Professor»,

«Artist», «Religious activities»,

«Journalist»,

«Highly skilled professional»,

« Investor /Business manager»,

«Legal / Accounting services»,

«Medical services»,

«Researcher»,

 «Instructor»,

«Engineer/Specialist in Humanities/ International Services»,

«Nursing Care service»,

«Intra-company Transferee»,

«Entertainer»,

«Skilled labor»,,"«Technical Intern training »,

«Specific skilled labor »,

« Designed activities (depending on conditions) ».

3.    The following status of residence is not workable


«Cultural activities»,

«Student»,

«Temporary visitor»,

«Trainee» 

«Dependent»


* In the case of "Student": If you obtain permission for activities outside the qualification, you can work part-time within 28 hours a week (40 hours a week as a special case during long vacations such as summer vacation). If an international student wants to work in Japan after graduation, he / she must switch from a student visa to a working visa.


* For "Dependent": If you obtain permission for activities outside the qualification, you can work part-time within 28 hours a week. However, if you receive more income than your dependents, you will not be eligible for a family stay.

 

Working visa procedure


1. When the foreigner to be hired is overseas

 

Application for the Certificate of Eligibility (CoE) to the Immigration Office

Promulgation of Certificate of Eligibility (CoE) (about 1 month later)

Visa application and issuance by the person himself / herself at the Consulate General of Japan overseas

Apply for landing permission

 


2. When the foreigner to be hired is already in Japan

 

Confirmation of "status of residence"

Creating an employment contract

Application for permission to change "status of residence" if necessary

 


Examination points when applying for a work visa

 

① Is there any possibility of illegal employment in the future?

② Are foreign workers considered as low-wage workers and employed?

③ Is there any problem with the behavior of the foreigner him/herself?

These seem to be the main checkpoint.

 

 

* In principle, the person must do the procedures to obtain a visa in person, but in most cases, if the person have not come to Japan, an agent will do that.


Required documents


Documents prepared by the visa applicant (example)

 

・ Passport (or travel certificate) and residence card in the name of the visa applicant

・ ID photo

・ Application for permission to change status of residence

・ Reason for application to the Immigration Services Agency

・   Resume

・ Certificate of employment of previous job (if you have work experience)

・ Graduation certificate (or certificate of expected graduation)

・ Certificate of the language tests

・ Reply envelope (for simple registered mail)

 

*All documents written in a foreign language must be translated into Japanese.

Documents prepared by the employer (example)

 

・ Certificate of corporate registration (registered copy)

・ A copy of the statutory record total table such as the certificate of income and withholding tax of salary income for the previous year

・ A copy of the financial statements of the employment company

・ Documents describing the reason for the application addressed to the Immigration Services Agency

・ A copy of the employment contract

・   Company Profile


* All documents written in a foreign language must be translated into Japanese.

illegal work


In the following cases, you will be illegally employed.


1. Even if you have a status of residence that allows you to work, if you engage in activities to operate a business with income outside the range permitted by your status of residence or to receive remuneration without obtaining permission for activities outside your status.

2. If you have a status of residence that you cannot work and have not obtained permission for activities outside the status of residence and you are engaged in activities to operate a business with income or receive compensation.

3. If you stayed and worked for more than the specified period of stay

Such employment falls under illegal employment activities under the Immigration Control and Refugee Recognition Act and is subject to deportation or criminal penalties.


Labor Relations Law

 

The Labor Standards Act, Minimum Wage Act, Industrial Safety and Health Act, Workers' Accident Compensation Insurance Act, etc. also apply to foreign workers.

In addition, Article 3 of the Labor Standards Act prohibits discrimination based on nationality in terms of working conditions.



(Example)

 

-Working hours, holidays

The statutory working hours are 8 hours a day and 40 hours a week (44 hours for business establishments of some sizes and industries) (Labor Standards Act, Articles 32, 40, 131).  The statutory holidays are one day per week or four days or more per four weeks (Labor Standards Act, Article 35).

-Clarification of working conditions

When an employer hires a worker, wages, working hours and other working conditions must be clearly stated in writing. Workers can immediately terminate their employment contract if the stated working conditions differ from the facts. (Labor Standards Act, Article 15)

-Payment of wages

Wages must be paid in currency directly to the worker in full, at least once a month on a fixed day. (Labor Standards Act, Article 24)

In the case of a leave of absence due to reasons attributable to the employer, the employer must pay the worker 60% or more of the average wage during the leave period. (Labor Standards Law, Article 26)

-Notice of dismissal

The employer must give notice at least 30 days in advance if he / she intends to dismiss the worker. Users who do not give notice 30 days in advance must pay an average wage of 30 days or more. However, this shall not apply if the business cannot be continued due to a natural disaster or other unavoidable reason, or if the worker is dismissed for reasons attributable to the worker. (Labor Standards Act, Article 20)

-Minimum wage

The employer must pay a worker who is subject to the minimum wage a wage equal to or greater than the minimum wage. (Minimum Wage Act, Article 4 of the)

-Transportation expenses

Payment of transportation costs is not stipulated by law, but it must be stipulated in work regulations. Make sure to check when you sign the contract.

-Paid leave

Employers shall grant annual paid leave of 10 working days, either consecutively or divided, to Workers who have been employed continuously for 6 months from the day of their being hired and who have reported to work on at least 80 percent of the total working days.

(Labor Standards Act, Article 39)

Reference: Ministry of Health, Labor and Welfare, number of days of annual paid leave granted

https://www.mhlw.go.jp/new-info/kobetu/roudou/gyousei/dl/140811-3.pdf


About insurances

 

Regarding the Employment Insurance Act, as a general rule, foreigners working in Japan are treated as insured regardless of nationality.

 



*Even if you are a part-time worker or a dependent worker, you will be obliged to join these social insurances if you exceed the following requirements.

・ Three-quarters or more of the number of working days and the regular working hours per week of employees (=30 hours or more of regular working hours per week)

OR those who meet all of the following(Working days: 3/4 or more of the month)

①   20 hours or more of regular working hours per week

②   Employment period is expected to be one year or more

③   Salary is more than 88,000 yen per month

④   Not a student

⑤   A company with more than 501 people

 

(*In case the company you work for has less than 501 people, If the company has an agreement between labor and management, you will be eligible for social insurance.)


 (*Regarding whether or not to meet the requirements for obtaining social insurance status, at present, decisions are to be made on a business-by-business basis.

Monthly wages and working hours at two or more business establishments will not be added up.)


* Even if you are staying on a working holiday, the same enrollment criteria as Japanese people will be applied to "welfare pension insurance," "health insurance," and "workers' accident compensation insurance."

However, the purpose of stay is not "working" but "vacation", so it is not covered by ”employment insurance”.


Workers' accident compensation insurance



According to the Workers' Accident Compensation Insurance Act, establishments that employ even one worker are covered by workers' accident compensation insurance. This is a system in which insurance money is paid in the case of injury, illness, physical disability, or death due to an accident or disaster while performing work or commuting. The following insurance benefits and payments will be made at the request of workers.

 


1. In case a worker undergoes medical treatment for an injury or diseases: "Medical treatment compensation benefit" etc. will be paid.

2. In case a worker is absent from work due to medical treatment for injury or illness and are not receiving wages: From the 4th day, "holiday compensation benefit" will be paid.

3. In case a worker is disabled: "Disability compensation benefits" will be provided.

4. In case the injury is not healed even after medical treatment: "Injury and illness compensation pension" etc. will be paid.

5. In case a worker needs long-term care: "Nursing-care compensation benefits" etc. will be provided.

6. In case a worker dies: "survivor compensation benefits" etc. will be paid. .


Health insurance



As long as you are regularly employed at the applicable business establishment, foreigners are also covered by health insurance and need to join it. In addition, even if you are a foreigner who is not in a regular employment relationship, those who have alien registration and are expected to stay in Japan for one year or more are covered by the National Health Insurance.

By taking out health insurance, the necessary medical benefits and allowances will be provided when the insured or his / her dependents receive medical treatment due to illness or injury.

 


 

Welfare pension insurance



Participation is compulsory at corporate offices and at individual offices that have at least 5 employees at all times. Anyone who has an address in Japan and is between the ages of 20 and 60 is obliged to join regardless of nationality.

By taking out pension insurance, in the case of old age of workers, death from disability, etc., pension and allowance will be paid from the insurance premium.

In addition, foreigners who have taken out pension insurance in Japan will be able to receive a lump-sum withdrawal payment from April 1995 by completing the claim procedure after leaving Japan. As a general rule, the lump-sum withdrawal payment will be paid when a person who meets the following conditions makes a request within two years after leaving Japan.

1. Not having Japanese nationality

2. Have paid the welfare pension or national pension premium for 6 months or more

3. Not having an address in Japan

4. Never had the right to receive a pension

 


Employment insurance



Employment insurance is applicable if you hire a person who is expected to be employed for 20 hours or more and 31 days or more per week. A residence card is required for the procedure.


Long-term care insurance



Under the "long-term care insurance system," foreign employees aged 40 and over who have stayed in Japan for more than 3 months must join. This allows you to receive the same long-term care services as Japanese people when you need long-term care while you are in Japan.


Labor trouble


The main institutions that can be consulted when troubles occur regarding labor are as follows. There are various jurisdictions, survey methods, fees, etc., so consult with an institution that suits your purpose.



・ Ministry of Health, Labor and Welfare, General Labor Consultation Corner

https://www.mhlw.go.jp/general/seido/chihou/kaiketu/soudan.html

・ Ministry of Health, Labor and Welfare, Labor Standards Inspection Office

https://www.mhlw.go.jp/kouseiroudoushou/shozaiannai/roudoukyoku/index.html

・ Ministry of Health, Labor and Welfare, Foreign Worker Consultation Corner

https://www.check-roudou.mhlw.go.jp/soudan/foreigner.html


Share by: