What is the obligation to notify the employment status of foreigners? Foreign workers who must be notified and how to apply

Obligations and things that employers who employ foreigners should know

The following laws apply when hiring foreigners:

• Immigration Control and Refugee Recognition Act (Immigration Control and Refugee Recognition Act): A law that establishes rules for the entry and residence of foreigners
• Labor Standards Act: A law that sets minimum standards for working conditions
• Act on the Comprehensive Promotion of Labor Policies and the Stabilization of Employment and Enhancement of Working Life of Workers (Labor Measures Comprehensive Promotion Act): A law that stipulates the promotion of employment and appropriate employment management for workers.
• Industrial Safety and Health Act: A law to ensure the safety and health of workers
• Minimum Wage Law: Law that sets the minimum wage

Foreign workers and Japanese workers are required to be treated the same in terms of wages, working hours, holidays, etc. as stipulated in the Labor Standards Act and the Minimum Wage Act.
The same applies to providing a safe working environment and implementing necessary safety training, as required by the Industrial Safety and Health Act.

Rules and points to note when hiring foreigners

When hiring foreigners, you need to pay attention to the following two points related to the Immigration Control and Refugee Recognition Act (Immigration Control and Refugee Recognition Act) and the Act on the Promotion of Comprehensive Labor Policies.

(1) Confirmation of status of residence (Immigration Control and Refugee Recognition Act (Immigration Control and Refugee Recognition Act))

Before hiring a foreigner, be sure to check their residence card or other documents to see if they have the necessary work status.
Illegal employment is prohibited by law, and not only will foreigners who work illegally be subject to punishment, but employers who allow foreigners to work illegally will also be subject to punishment.

Illegal employment refers to income-earning activities undertaken by foreigners who are not eligible to work in Japan.
For example, this applies to cases where a person enters the country without a residence status, works after their residence permit has expired, or works beyond the permitted scope of activity.

In addition, if they are employed in a position other than that permitted by their residence status, this will also be considered illegal employment.
Be careful when deciding on your responsibilities.

② Notification of foreign employment status (Comprehensive Labor Policy Promotion)

When you hire or terminate a foreign employee, you are required to notify Hello Work.

Even if you know about residence status, many people may not know much about this "Notification of Foreign Employment Status."
In the next section, we will explain how to report the employment status of foreign nationals, including which foreign workers are subject to reporting and how to report.

What is the obligation to notify the employment status of foreigners? Check which foreign workers are required to notify

When employing foreigners, employers are required to report the status of their employment.

The obligation to report the employment status of foreign workers is an obligation for employers to report to Hello Work when a foreign worker is hired or leaves the company, with the aim of improving employment management of foreign workers and preventing illegal employment.
The notification information includes the foreign worker's name, residence status, and period of stay.

This reporting obligation is imposed on all business owners.

The foreign workers covered by this law are all foreign workers who do not have Japanese nationality, except for those with "diplomatic" or "official" residence status.
However, since "special permanent residents" have been granted special legal status, they are not subject to the reporting system for foreign employment status.

How to fill out and apply for notification of foreign employment status

Whenever a foreign worker is hired or when a foreign worker leaves the job, the employer must submit a notification of the foreign worker's employment status.

How to write

We will explain the cases in which employed foreign nationals will be insured under employment insurance and the cases in which they will not.

When you become an insured person under employment insurance

Submitting a notification of acquisition or loss of employment insurance status can also serve as a notification of the employment status of foreign nationals.
The notification items include the following:

[At the time of employment]

• Name of foreign worker
• Status of residence, etc.
• Period of stay, etc.
• date of birth
• sex
• Nationality/Region
• Whether or not you have permission to engage in activities other than those permitted under your status of residence or permission to engage in activities for compensation
• Residence card number
• Items that must be included in the notification of acquisition, such as the name and address of the business related to employment

[When leaving employment]

• Name of foreign worker
• Status of residence, etc.
• Period of stay, etc.
• date of birth
• sex
• Nationality/Region
• Whether or not you have permission to engage in activities other than those permitted under your status of residence or permission to engage in activities for compensation
• Residence card number
• Items that must be included in the notification of loss, such as the name and address of the business related to the separation

When you are not covered by employment insurance

The items to be notified include the following:

[Common to both hiring and leaving]

• Name of foreign worker
• Status of residence, etc.
• Period of stay, etc.
• date of birth
• sex
• Nationality/Region
• Whether or not you have permission to engage in activities other than those permitted under your status of residence or permission to engage in activities for compensation
• Residence card number
• Date of employment or separation
• Items that must be included in each notification form, such as the name and address of the business related to employment or separation

You will also need to prepare and submit a separate Notification of Foreign Employment Status (Form No. 3).
The form is available at Hello Work offices, and can also be downloaded from the Ministry of Health, Labour and Welfare's website.
Ministry of Health, Labor and Welfare Notification of Foreign Employment Status

How to apply

There are two ways to submit a notification of foreign employment status: at a Hello Work office or online.

Applying at Hello Work

Bring the notification documents to the Hello Work office that has jurisdiction over your business and submit them.

If you become an insured person under employment insurance, you will need to submit employment insurance notification documents.
If you are not covered by employment insurance, you must submit a notification of foreign national employment status.

Apply online

If you wish to become an insured person under employment insurance, you can apply online through e-Gov, the electronic government's comprehensive portal.
e-Gov

If you are not covered by employment insurance, you can apply online through the "Foreigner Employment Status Notification System."
Foreign Employment Status Notification System

Submission deadline

There is a deadline for submitting a notification of foreign employment status.
They are as follows:

[When employed foreigners become insured under employment insurance]

• If a foreigner is employed: by the 10th of the following month
• When a foreign national resigns: Within 10 days from the day following the date of resignation

[When the foreign national you are employing is not covered by employment insurance]

• If a foreigner is employed: Until the end of the following month
• If a foreign national retires: Until the end of the following month

Important points regarding the notification of employment status of foreign nationals

Please be aware that if you fail to report your employment status as a foreign national or if you submit a false report, you may be subject to penalties.
Failure to notify may result in guidance and a warning, as well as a fine of up to 300,000 yen.

The notification requires confirmation of the foreign worker's residence card or passport.

Even if it is a short-term part-time job, you must notify the foreign national you hire.
Part-time jobs undertaken by international students are also subject to notification, so please also make sure that you have permission to engage in activities outside of those permitted under the status of residence permitted.

If you are a business owner considering hiring foreign workers in the construction industry, please read this as well.
Explaining how to accept foreign workers in the construction industry and how to prepare!

Summary: Employers who employ foreigners are obligated to report their employment status

When hiring foreigners, you need to be aware of the various laws and rules.
In connection with laws such as Immigration Control and Refugee Recognition Act and comprehensive promotion of labor policies, it is necessary to confirm the status of residence and report the employment status of foreign nationals.

The notification of foreign employment status is a system that requires employers to report information about foreign workers to Hello Work when they hire or leave the company.
All foreign workers are required to file a notification, except for those with special permanent resident, diplomatic, or official status of residence.

Notification can be made at a Hello Work office or online.
If you fail to submit a notification or submit a false notification, you may be subject to penalties, so be sure not to forget to submit your notification.

If you are a company that is considering accepting Specified Skilled Worker in the construction industry, please feel free to contact JAC!

*This column was written based on information from March 2025.