Hiring Foreign Nationals in Japan: An Employer's Checklist (Residence Status, Notifications, Working Conditions)

When a company in Japan hires a foreign national, the first thing to check is whether the person's status of residence permits the job you have in mind. Look at the residence card for the status, the expiry of the period of stay, any work restriction and any permission for activities outside the status. If an employer lets someone work illegally because it did not check, it can be punished even if it did not know, unless it was not negligent (Immigration Control and Refugee Recognition Act, Article 73-2). Hiring and separation must be notified to Hello Work (Act on Comprehensive Promotion of Labor Policies, Article 28(1)), and labour and social insurance laws apply regardless of nationality.

• You want to take on a student who has worked part-time for you as a full-time employee after graduation.
• You want to move an employee transferred from an overseas group company into a different role at the Japanese subsidiary.
• A mid-career applicant is a foreign national and you are not sure what to look for on the residence card.
• A foreign employee has left, and you are not sure whether the Hello Work notification was filed.

Foreign nationals reside in Japan under a status of residence, which defines the activities or position they may have in Japan (Immigration Control and Refugee Recognition Act, Article 2-2(1); the "Immigration Control Act"). A person holding a status listed in Appended Table I, such as "Engineer/Specialist in Humanities/International Services", must not engage in paid activities outside the activities permitted for that status (Article 19(1)). The exception is where the Commissioner of the Immigration Services Agency has granted permission to engage in activities outside the status (Article 19(2)).

Holders of a status listed in Appended Table II, such as permanent residents and long-term residents, reside on the basis of their personal status or position. Guidelines from the Ministry of Health, Labour and Welfare (MHLW) remind employers that there is no restriction on the activities of these residents.

The MHLW guidelines say that, when hiring, an employer should check in advance whether the work the person will do is permitted under their status of residence, and should not hire someone whose status does not permit it.

A residence card is issued to mid- to long-term residents, which excludes, among others, people granted a period of stay of three months or less and short-term visitors (Article 19-3). The card shows the status of residence and the expiry date of the period of stay, whether there is any work restriction, and whether the holder has permission to engage in activities outside the status (Article 19-4(1)(iii), (v) and (vi)).

The Immigration Services Agency's leaflet for employers suggests checking the following.

• The "work restriction" field on the front: If it says work is not permitted, the person generally cannot be hired. If there is a partial restriction, such as "only work based on the status of residence", check what it covers. If it says there is no restriction, there is no limit on the type of work.
• The permission field on the back: Even someone whose card says work is not permitted can work within the scope of a permission recorded here. For example, a permission of "in principle up to 28 hours per week" means 28 hours in total across all part-time jobs.
• The designation document: For "Designated Activities" and "Specified Skilled Worker", also check the designation document that sets out the activities the Minister of Justice has designated for that person.

The same leaflet warns that people holding "Student", "Trainee", "Dependent", "Cultural Activities" or "Temporary Visitor" status cannot work unless they have permission for activities outside their status.

The Immigration Services Agency recommends using its residence card reader application together with its online check of whether a card number has lapsed. It notes, however, that a result showing the number has not lapsed does not prove the card is valid. If you suspect a card is forged or altered, consult the nearest regional immigration services office.

In practice, check both sides of the residence card before making an offer, and compare the planned duties with the status of residence. In some cases, such as hiring a student as a full-time employee after graduation, the person will need to change their status of residence to match the job.

Anyone who, in connection with business activities, has a foreign national engage in illegal work is liable to imprisonment for up to 3 years, a fine of up to JPY 3 million, or both (Immigration Control Act, Article 73-2(1)(i)). The same applies to anyone who places a foreign national under their control for that purpose, or who arranges illegal work as a business (Article 73-2(1)(ii) and (iii)).

The key point is that lack of knowledge is not a defence. An employer cannot escape punishment on the ground that it did not know any of the following, unless it was not negligent (Article 73-2(2)):

• That the work was a paid activity outside the activities permitted for the person's status
• That the person did not have permission to engage in activities outside their status
• That the person falls under certain items of Article 70(1), such as someone staying unlawfully

The Immigration Services Agency's leaflet states that even if the employer did not know the person was working illegally, it will not escape punishment if it was negligent, for example by not checking the residence card. Where an employee of a company commits this offence in the course of the company's business, the company is also liable to a fine (Article 76-2).

The penalty is set to increase. From 1 April 2027, the maximum becomes imprisonment for up to 5 years, a fine of up to JPY 5 million, or both (Article 73-2(1) as amended by Act No. 60 of 2024).

When an employer hires a foreign national, or a foreign employee leaves, it must check the person's name, status of residence, period of stay and other matters, and notify the Minister of Health, Labour and Welfare (Act on Comprehensive Promotion of Labor Policies, Article 28(1)). The notification goes to the Hello Work office (public employment service) with jurisdiction over the workplace. According to MHLW, all employers must notify, and the duty covers foreign workers other than those with "Diplomat" or "Official" status and special permanent residents.

What must be notified depends on whether the person is covered by employment insurance. For those not covered, it is the name, status of residence, period of stay, date of birth, sex and nationality or region. For mid- to long-term residents, the residence card number is also notified (MHLW guidelines).

MHLW gives the following deadlines.

• Employees covered by employment insurance: Filing the employment insurance acquisition or loss-of-eligibility form counts as the notification. For hiring, the deadline is the 10th of the following month. For separation, it is within 10 days counting from the day after the employee leaves.
• Employees not covered by employment insurance: File the Foreign Worker Employment Status Notification (Form 3). The deadline for both hiring and separation is the end of the following month.

Failing to notify, or filing a false notification, is punishable by a fine of up to JPY 300,000 (Act on Comprehensive Promotion of Labor Policies, Article 50(1)(ii)). Where an employee of the company commits the violation, the company is also liable to the fine (Article 50(2)).

MHLW asks employers to check the matters to be notified by asking to see the residence card or passport. A copy of the residence card does not need to be attached to the notification.

The check is required where a person can be identified as a foreign national with ordinary care (MHLW guidelines). This means cases where it is generally obvious from the person's name, language and so on; no special investigation is expected. The guidelines also say that nothing beyond the notifiable matters needs to be checked or notified, and ask employers to bear privacy in mind.

The Immigration Control Act asks organisations that accept mid- to long-term residents to make efforts to notify the Commissioner of the Immigration Services Agency of the start and end of the acceptance and related matters (Article 19-17). However, employers that must notify under Article 28(1) of the Act on Comprehensive Promotion of Labor Policies, and organisations accepting Specified Skilled Workers, are excluded from this provision. For a company employing foreign staff, the Hello Work notification is the main filing.

A company that employs Specified Skilled Workers (a "Specified Skilled Worker accepting organization") must notify the Commissioner when, among other things, the employment contract is changed or ends (Article 19-18(1)).

Foreign nationals holding certain statuses must themselves notify the Commissioner within 14 days of events such as a change of the organisation they belong to (Article 19-16). The Immigration Services Agency asks employers to let their employees know about this duty.

An employer must not discriminate in wages, working hours or other working conditions on the ground of a worker's nationality (Labor Standards Act, Article 3).

The MHLW guidelines state that labour and social insurance laws, including the Labor Standards Act, the Minimum Wages Act, the Industrial Safety and Health Act, the Labor Contract Act, the Employment Insurance Act, the Health Insurance Act and the Employees' Pension Insurance Act, apply regardless of the worker's nationality. On that basis, they ask employers to:

• Pay at least the minimum wage, and pay wages in full except where laws or a labour-management agreement provide otherwise
• Complete the enrolment procedures for labour and social insurance for foreign workers who are covered
• Try to explain labour and social insurance, and how to claim benefits, in a way foreign workers can understand

Practices such as putting foreign staff on a separate pay scale because they are foreign, or leaving them out of social insurance because they do not want to join, should be reviewed against these laws.

When concluding an employment contract, the employer must state the wages, working hours and other working conditions (Labor Standards Act, Article 15(1)). The following must be given in writing (Enforcement Ordinance of the Labor Standards Act, Article 5(3) and (4)). If the worker wishes, they can instead be sent by fax or by email or similar electronic means.

• The contract term, and the criteria for renewal of a fixed-term contract
• The place of work and the duties (including the scope of any changes)
• Start and finish times, whether overtime is required, breaks, days off and leave
• How wages are set, calculated and paid, and the closing and payment dates
• Matters relating to leaving employment (including grounds for dismissal)

If the working conditions stated differ from the facts, the worker may terminate the employment contract immediately (Labor Standards Act, Article 15(2)).

The MHLW guidelines ask employers to try to state the conditions in a way the foreign worker understands, for example in their native language or another language they use, or in plain Japanese. For wages, they ask employers to try to explain taxes, employment and social insurance premiums and any deductions under a labour-management agreement, so that the worker can see the amount actually paid.

The "duties" in the written statement of working conditions should match the activities permitted for the person's status of residence. Checking the status against the job and stating the conditions in the same document helps avoid gaps.

Each status of residence comes with a period of stay, and the expiry date is shown on the residence card (Immigration Control Act, Articles 2-2(3) and 19-4(1)(iii)). Keep a record of expiry dates and remind employees early enough for them to apply for renewal in time.

The MHLW guidelines ask employers that ordinarily employ ten or more foreign workers to appoint someone, such as the head of HR, as the person responsible for the employment management of foreign workers.

When a foreign employee leaves, Hello Work must also be notified (Act on Comprehensive Promotion of Labor Policies, Article 28(1)). A dismissal needs objectively reasonable grounds and social appropriateness, just as for Japanese employees. The MHLW guidelines also ask employers not to dismiss foreign workers lightly.

Where a foreign worker leaves because of dismissal (other than for reasons attributable to the worker) or certain other reasons and wishes to find new work, the employer must make efforts to help them find re-employment (Article 7). The procedure for dismissal is covered in "Dismissing an Employee in Japan".

For employment and other matters at Japanese subsidiaries of foreign companies, and advice in English, see "International & Cross-Border".

1. Check the residence cards of foreign employees and new hires, including the work restriction field on the front and the permission field on the back.
2. List each person's status of residence next to the duties they actually perform, and compare them.
3. List the expiry dates of each period of stay and share the renewal timing with the employees concerned.
4. Each time someone is hired or leaves, confirm that the Hello Work notification was filed on time.
5. Review whether the written statement of working conditions, including duties and wage deductions, is explained in a language the worker understands.
6. Confirm that enrolment in employment insurance, health insurance and employees' pension insurance is handled the same way regardless of nationality.

• You cannot tell whether the planned job is permitted under the applicant's status of residence.
• You realise a current employee may have been doing work their status does not permit.
• An applicant has presented a residence card you suspect is forged.
• You are considering dismissing, or not renewing the contract of, a foreign employee.
• Headquarters overseas has asked you to explain how foreign nationals can be employed at the Japanese subsidiary.

We advise companies employing foreign nationals, and Japanese subsidiaries of foreign companies, on employment and corporate matters in English and Japanese. Please reach us through our contact page.

Yes. An employer that hires a foreign national must notify regardless of the type of employment (Act on Comprehensive Promotion of Labor Policies, Article 28(1)). For someone not covered by employment insurance, file Form 3 by the end of the month following the hiring (MHLW).

Generally not. However, if the permission field on the back records permission for activities outside the status, the person can work within that scope (Immigration Control Act, Article 19(2); Immigration Services Agency leaflet). For example, a permission of "in principle up to 28 hours per week" means 28 hours in total, including any other part-time jobs.

If the person works illegally, the employer cannot escape punishment on the ground that it did not know the work fell outside the person's status, unless it was not negligent (Immigration Control Act, Article 73-2(2)). The Immigration Services Agency states that an employer that was negligent, for example by not checking the residence card, will not escape punishment. The company itself can also be fined (Article 76-2).

Yes. The MHLW guidelines state that the Minimum Wages Act, the Health Insurance Act, the Employees' Pension Insurance Act and other laws apply regardless of nationality. Discriminatory working conditions on the ground of nationality are also prohibited (Labor Standards Act, Article 3).

The Labor Standards Act requires key working conditions to be given in writing (Article 15(1); Enforcement Ordinance, Article 5). The MHLW guidelines ask employers to try to state them in a way the worker understands, such as their native language or plain Japanese. The test is not a particular language but whether the worker understands.