In October of 2007, the employment measure law was amended, requiring all corporations that hire foreign workers to report their employment situation to the local Hello Work office, including name, sex, birthday, visa status, duration of stay and employment-related information. If corporations fail to provide information or present a false report to authorities, they will be fined up to 300,000 yen and/or be liable to administrative sanctions.

Corporations can be fined up to 300,000 yen…

The Ministry of Health, Labor and Wealth (MHLW) says the main purpose of the amended law is to “improve the work environment for foreigners,” to “prevent illegal employment of foreigners” and to “promote the recruitment of foreign professionals and engineers in Japan by Japanese corporations.” The MHLW says the measures are necessary because some foreign workers are paid lower salaries in Japan and they are discriminated against in working conditions. The amended law is officially aimed at properly monitoring foreign employees in Japan.

Corporations who hire foreign workers are urged to refer to official announcements and guidelines about the new reporting system. Local Hello Work offices provide advice on the amended law (related links can be found at the end of this webpage).

1. Summary of the new system
2. Foreigners covered by amendment and information needed
3. Methods and deadlines for report
4. Official report forms and online reporting system
5. Official Q&A by the MHLW
6. Links to related public sector sites
7. Official Documents by the MHLW

1. Summary of the new system
   • Since October, 2007, all corporations have been obliged to report their employment situation concerning foreign workers (except for special permanent residents, official passport holders and diplomats) to the local Hello Work office at the time of hiring or when they leave their job. The information to be reported includes name, sex, birthday, visa status, duration of stay and employment period of time.
   • If corporations fail to provide information or present a false report to authorities, they will be fined up to 300,000 yen and/or be liable to administrative sanctions.
   • Foreign workers who were employed before the law was amended (1st October, 2007) also have to be included in their employers’ report to authorities.
   • Corporations can report the employment situation on either official printed forms submitted directly to Hello Work or online on the MHLW website.

2. Foreigners covered by amendment and information needed

   Except for special permanent residents, official passport holders and diplomats, information on all foreign workers employed in Japan must be reported to Hello Work. Whatever the employment status, such as full-time, contract, and part-time, corporations must report personal information of all foreign staff at the time of hiring or when they leave their job.The personal information of foreign employees that corporations must report to authorities includes their name, sex, birthday, visa status, duration of stay and employment period of time. Corporations are requested to confirm the accuracy of identification of their foreign employees.

3. Methods and deadlines for report
   The deadline for reporting the employment situation of foreign employees to authorities differs according to the employees’ employment insurance situation and whether they were hired before the law was amended (1st of October, 2007).For corporations, two different reporting methods are available. One is to submit official printed forms to Hello Work, and the other is to report online through the MHLW website.
   1. If your foreign employees have employment insurance;
      • Corporations are requested to report their foreign employees’ nationality, visa status and related information in the remarks column of the application for the Employees Pension Insurance Service (雇用保険被保険者 資格取得／資格喪失届) at the time of hiring or when they leave their job.
      • The deadline for submission is the same as that for application (by 10th of month after hiring or within 10 days after employee leaves the job).
   2. If your foreign employees do NOT have employment insurance;
      • Corporations are requested to complete the official reporting forms, which are available at Hello Work and downloadable online, providing foreign employee’s name, visa status, duration of stay, birthday, sex and nationality.
      • The deadline for submission is by the end of the month after hiring and when employee leaves job (e.g. Hiring date: Oct 1st, Deadline: Nov 30th)
   3. If your foreign employees were hired before 1st October of 2007 and are still working;
      • Corporations are requested to fill out the official reporting forms available at Hello Work and downloadable online, providing foreign employee’s name, visa status, duration of stay, birthday, sex and nationality.
      • The deadline for submission is 1st of October, 2008.

4. Official report forms and online reporting system
   • Official Report Forms, including employment insurance applications.
     (available at local Hello Work and downloadable online)
     http://www.mhlw.go.jp/bunya/koyou/gaikokujin-koyou/02.html
   • Online Foreign Employees Situation Reporting System (MHLW website)
     https://gaikokujin.hellowork.go.jp/

5. Official Q&A by the MHLW (translated by GaijinPot) Q. What if a corporation could not identify the person is a foreigner when it newly hired him/her and failed to report this?
   A. All corporations are requested to identify if a person is a foreigner and his/her visa status with reasonably careful attention. If the corporation fails to do this for valid reasons such as difficulty in judging from fluency in Japanese and names, the corporation would not be liable to punishment.

   Q. What if a corporation did not confirm information such as visa status when employees were obviously identifiable as foreigners?
   A. In those cases, the corporation would be fined up to 300,000 yen, admonished or incur administrative penalties.

   Q. Is it possible for corporations to report both hiring and leaving information of temporary part-time foreign employees who do not have employment insurance to authorities at the same time?
   A. Yes, it is possible. Please indicate their hiring and leaving dates in the form.

   Q. Is it possible for corporations to report hiring or leaving information of multiple foreign employees to authorities if the report deadlines for individual foreign employees are the same or in the same period?
   A. Yes, it is possible. The report forms have several blanks for multiple foreign employees. Please indicate hiring and leaving dates of individual foreign employees on the forms.

   Q. Do corporations have to report part-time employees who are foreign students to authorities?
   A. Yes, they do. Please confirm the students’ status of permitted activities when filling out the reporting forms.

6. Links to Related Public Sector websites
   • Ministry of Health, Labor, and Wealth (Japanese, English)

     http://www.mhlw.go.jp/

   • Hello Work (Japanese only)
     http://www.hellowork.go.jp/
   • Tokyo Foreigners Employment Service Center (Japanese, English, Chinese)
     http://www.tfemploy.go.jp/

7. Official Documents by the MHLW
   • Leaflet for Employers (Japanese only)

     →Guidance for employers about the new reporting system. Recommended reading.
     http://www.mhlw.go.jp/bunya/koyou/gaikokujin-koyou/dl/gaikokujin-koyou01.pdf

   • “Rules in hiring foreigners will change from 1st of October, 2007″ (Japanese only）
     http://www.mhlw.go.jp/bunya/koyou/gaikokujin13/index.html
   • “New System for Reporting the Situation of Employment of Foreign Workers” (Japanese only)
     http://www.mhlw.go.jp/bunya/koyou/gaikokujin-koyou/index.html
   • “Guideline for employers to appropriately managing foreign employees” (Japanese only)

     http://www.mhlw.go.jp/bunya/koyou/gaikokujin-koyou/01.html

   • “How to check visa status” (Japanese only)
     http://www2.mhlw.go.jp/topics/seido/anteikyoku/gairou/980908gai02.htm
   • Advice on hiring foreigners (Japanese only)
     http://www2.mhlw.go.jp/topics/seido/anteikyoku/koyoukanri/index.htm