Do you know the important rules and criterias related to hiring foreigners as employees? The following two questions that are frequently asked by employers are: What kind of legal documents is needed and what do you look out for when hiring foreigners?
First of all、employers must check their Residence Card during the interview. Two rules to go by:
1. Visa Status on the residence card. A person with a permanent residence status, Japanese spouse’s visa, permanent residence status spouses’s visa or long term residence visa are permitted and qualified to work according to immigration laws. A person with Certificate of Qualification of Employment are permitted to work if the job content and status are applicable.
*please click the link here
and check out the different kinds of Certificate of Qualification of Employment.
Foreign exchange students or a perscon with Dependent visa status(family stay visa) are only permitted to work under 28 hours per week but must obtain Permission to Engage in other activity qualification from the immigraton bureau before applying for work. This qualification is usually written on the back of the residence card. The hours permitted are the total hours the applicable person can work so please confirm if they have other jobs and how many hours they work with another employer.
2. Period of Stay on the residence card (expiration date on the residences card)
If the Period of Stay date on the residence card is due to expire the applicable employee must renew their visa ASAP. A person with a visa status but has limited working qualifications will not be granted permission to work if the job content does not match the status.
If the Period of Stay date is expired it will be considered as overstay in Japan. In that case employers will also be punished under the law.
The most important thing for employers to be careful with is the residential status and if they have limted qualifications. Lastly, the employers are obligated to submit applicable documents when hiring someone with medium to long term resident status.
Please feel free to contact us anytime if you have questions on hiring someone who has foreigner status or internationally.
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