Necessary Procedures for Foreign Nationals to Work in Japan

In recent years, the acceptance of foreign workers has been increasing due to the worsening labor shortage caused by the declining birthrate and the rapid aging of the population. It is now inevitable for Japanese companies to secure a foreign workforce, and foreigners are playing a major role in shaping Japanese society.

Today we will look at the procedures necessary for foreigners to work in Japan, along with the current situation of foreign workers in Japan.

Basic knowledge of procedures required for foreigners to work in Japan

Number of foreign workers

The number of foreign nationals working in Japan has been on the rise in recent years as Japan's labor shortage and aging population have led to an increasing acceptance of foreign workers. The number of foreign workers is shown below.

The number of foreign nationals from 2019 to around 2021 did not increase significantly due to the temporary suspension of the acceptance of foreign nationals due to the spread of the new coronavirus, but by 2022, the number was on the rise again, reaching 1,822,725 persons. 000 people (about 421 TP3T) over the five-year period compared to 2017.

(Author's work and source:Ministry of Health, Labour and Welfare Summary of Reported Status of Employment of Foreign Nationals)

The increase in foreign workers began to be particularly noticeable inCirca 2010From. Since this period, Japan has faced serious labor shortages and aging problems, and the acceptance of foreign workers has expanded rapidly.

Factors contributing to the increase in foreign workers

1. shorthanded:
   • There is a shortage of labor, especially in the nursing care, agriculture, construction, and manufacturing industries, and demand for foreign workers is increasing.
2. Expansion of Technical Training System:
   • Introduced in 1993technical internship systemhas expanded since the late 2000s, especially since 2010, and the number of trainees has increased.
3. Promotion of acceptance of high-level foreign human resources:
   • In 2012, the "AAdvanced Human Resources Point SystemThe "IT Worker Program" was introduced and a policy of actively accepting foreign human resources for IT engineers and professionals was introduced.
4. Introduction of Specified Technical Visa:
   • In 2019, a new work visa, the "Specified Technical VisaThe introduction of the "Labor Standards for Foreign Workers" further expanded the acceptance of foreign workers in certain industrial fields. This has accelerated the increase in the number of foreign workers, especially in the nursing care, agriculture, and construction industries, where labor shortages are serious.

As a result of these policies, the number of foreign workers has increased rapidly since 2010, especially since 2016.

Steps and Conditions for Foreigners to Work in Japan

Based on the above provisions of the Immigration Control and Refugee Recognition Act, the following conditions must be met and important steps must be taken in order for a foreign national to work in Japan.

• Visa (VISA)
  • For foreigners to work in Japan,Appropriate work visa requiredIt is. The type of visa depends on the type of work to be engaged in and the length of the contract. The main types of work visas are as follows
    • Technical/Humanities/International ServicesJobs: IT, engineering, marketing, translation, etc.
    • highly specialized occupation: A profession with a high degree of expertise or skill.
    • ability: occupations with specific skills (e.g., chef, construction, manufacturing, etc.).
    • specific skillVisa: A visa established to fill a shortage of human resources in certain industries (e.g., nursing care, food service, etc.).
    • intra-company transfer: When transferring to a Japanese branch of an overseas company.
      
• Securing employment opportunities
  • To obtain a work visa, the employer must be located in Japan. In most cases, a contract of employment, mandate, commission, contractor, or commissioned work is required to apply for a visa. It is common for the employer to support the issuance of a Certificate of Eligibility.
    
• Application for Certificate of Eligibility
  • Employer to the Department of Justice.Apply for "Certificate of EligibilityIf the application is approved, the certificate will be issued to the applicant. The employer must be a national, local government, independent administrative agency, company, public corporation, etc., or a foreign national, local government, local government, or foreign corporation with an office in Japan.
    However, even if there is a formal employment contract, there are strict requirements regarding working hours, wages, vacation, etc., such as "the compensation must be equal to or greater than that received by Japanese nationals engaged in the work" or "the amount of compensation must be equal to or greater than that received by Japanese nationals engaged in the work.
    With this certificate, you can apply for a work visa at a Japanese embassy or consulate.
    
• Japanese language skills
  • Japanese language skills may be required for certain occupations. In particular, Japanese is required for occupations that involve direct communication with Japanese corporate culture and customers. It is advantageous to obtain a certification such as the Japanese Language Proficiency Test (JLPT).
    
• Understanding Japanese Labor Laws
  • When working in Japan, it is important to understand labor laws and regulations regarding working conditions. For example, working hours, wages, vacation, social insurance, etc.

How Gyoseishoshi Lawyers Can Help

According to the law, notifications concerning mid- to long-term residents and applications for status of residence should, in principle, be made in person.

On the other hand, as mentioned above, there are a wide variety of qualifications to obtain a residence permit. In addition, the requirements for obtaining each type of status are strictly defined, and there is a wide range of documents required to prove that you meet each of these requirements, and if any of the documents are incomplete, you will not be granted permission.

Therefore, as an "exception to the principle of sending the applicant in person," "administrative scriveners or lawyers" who have undergone certain training and received permission are permitted to act as an intermediary for such applications.

This system has been introduced to help facilitate procedures for both foreign nationals who are not proficient in Japanese and business operators who do not understand the procedures because they are complicated, and for administrative agencies such as the Immigration Control Agency, by having experts serve as a bridge between the two.

The preparation of documents and other services related to residence applications at the request and for remuneration of others is considered "the statutory exclusive business of an administrative scrivener" under the Administrative Scrivener Law. For this reasonBrokers or other agents of foreign human resources who prepare application documents for remuneration are subject to punishment.

summary

How was it?

As I mentioned at the outset, foreigners are now an indispensable part of Japanese society. We hope that many foreigners will obtain legal permission to reside in Japan, and that we will become a society in which we can share the future of Japan together as fellow Japanese citizens.