When a Japanese company hires YOU

1) Employment Guidelines for Foreign Workers 

The Ministry of Health, Labour and Welfare's "Guidelines for Employers to Take Appropriate Measures to Improve Employment Management of Foreign Workers" (hereinafter referred to as the "Guidelines") sets out the necessary measures to be taken by employers and newly hired employees. 

The Guidelines provide the basic direction that administrative agencies and employees should follow in order to fulfill their responsibilities. Although, as they are only guidelines, they are not legally binding. 

However, as the Guidelines are issued pursuant to Article 8 of the Act on Comprehensively Advancing Labor Measures, Stabilizing the Employment of Workers, Enriching Workers' Vocational Lives and the Improvement of Workers' Working Life, failure to comply with the Guidelines may result in a violation of Article 7 of the Law and you might get in trouble as well as your employer.

This page explains what employees and employers should consider from the time of recruitment to the time of employment in accordance with the written guidelines, better be safe than sorry ! 

Foreign nationals, in these guidelines, refer to persons who are not Japanese citizens and include holders of many status of residence, such as Engineering, Humanities, International services, or Technical ones.

However, Permanent visa holders and those whose residence status is “Diplomatic” or “Government Official” ones are not included.

2) Recruitment issues

When recruiting foreign nationals, the Guidelines require that the following information be clearly communicated to you when you are being recruited, either in writing or by e-mail or other means (Guideline 4-1-1-a)

①The nature of the work to be performed by the foreign national

②The duration of the employment contract

③Place of employment

④Working hours and holidays

⑤Wages

⑥Matters concerning the application of labor and social insurance, etc.

⑦Whether or not travel expenses and other costs necessary for traveling to or returning from the country will be paid, and the proportion of such costs to be paid

⑧Accommodation

When clearly stating the above points, efforts should be made from your future company to state them clearly in the language used by you or in a very plain and easy to understand Japanese. 

Also, please keep in mind that it is prohibited to be discriminated against on the basis of nationality, e.g. by setting conditions based on nationality in recruitment policies or even after recruitment. 

a) Recruitment selection

The following points must be taken into account during the recruitment and selection process.

First, confirm that you are authorized to work in the company’s business under your own residence status (Guideline 4-1-2). If not, you will not be employed and you will need to change your status of residence at the Immigration Bureau.

If, however, you receive a working status after being hired, it is necessary to carefully check if your company can sponsor your residence status.

The reason is that there are many cases where a foreigner cannot obtain a residence status even after receiving an offer, and in the end the company is forced to give up the new employee.

During your interviews and selection processes, efforts should be made to ensure that you can fully demonstrate your abilities within the scope of your current residence status or the one you are aiming for. 

b) At the time of the conclusion of the labor contract

The Directives require that decent working conditions be ensured even when you are employed

It is prohibited for employers to discriminate against employees on the basis of their nationality with regard to wages, working hours or other working conditions.

When concluding an employment contract, the employer is obliged to clearly state the following matters by means of a written document, e-mail, etc, which means you should not fear asking them deeper information.

• Wages

• Working hours

• Method of determining wages

• Method of calculating wages

• Method of paying wages

• Taxes

• Labour and social insurance contributions

Then, employers are required to disseminate the Labour Standards Law and its content, as well as the employment regulations, the labor-management agreements and further documents that must be detailed using multilingual materials 

For your information, the Labour Standards Bureau has prepared a booklet explaining the Labour Standards Law and other company and labor related laws and regulations in six languages (English, Portuguese, Spanish, Korean and Tagalog) 

Also, because you will be required to join the social security system of Japan, your company must inform you of it when joining them. 

You might want to refuse to pay insurances or more expansive costs as you would be worried to have money deducted from your salary, however, failure to enroll is a major risk for the company, as you will be severely punished if you refuse to join one or can be imprisoned or fined if you do a mistake, create accidents or act maliciously. 

Failure to enroll is a major risk for the company, as foreigners who refuse to join can be imprisoned or fined if they act maliciously.

Joining such insurances and social security systems is compulsory, but fear not, there are various benefit programmes and advantages. By concluding a social security agreement, you will also be able to remove whatever you feel that would not be used, and reduce disadvantages as you feel fit. 

Which is why, in accordance with labor and social security laws and regulations, carry out the necessary procedures for enrolment as soon as possible after being recruited.

For more information on the social security system, 

   ⇒ See About health insurance

　　Employment insurance

　　The pension system