Q&A

Frequently Asked Questions (FAQ)

This Q&A page answers common questions and problems
that foreign workers and employers face in their work and daily life.
Our center receives many consultations about:
working conditions,
communication at work,
visa and residence status,
and workplace problems.
We hope this page will help
foreign workers feel safe and confident at work,
and help employers accept and support them properly.
Please feel free to contact any of the associations listed on the leaflet.

Q&A for Foreign Workers

Q What is a “Black Company” in Japan?

A
There is no official definition of a "black company" in Japan. However, it usually has one or more of the following problems:
1. Very long working hours or unreasonable work quotas.
2. Unpaid overtime and workplace bullying(harassment).
3. Low respect for labor laws and workers’ rights.
4. Unfair treatment or pressure on workers in bad conditions.
Q Does the Labor Standards Act apply to foreign workers?

A
Yes. In principle, the Labor Standards Act applies to all workers in Japan, regardless of their nationality, type of company, or form of employment, as long as they are working in Japan.
Q If a contract includes conditions that violate the Labor Standards Act, do I have to follow them once I sign it?

A
No, you do not have to follow those terms. The Labor Standards Act is a mandatory law that sets minimum working conditions. Any contract terms that are below these legal standards are invalid. So even if you signed such a contract, those illegal parts are not enforceable.
Q I told the company I had a debt of about 6 million yen. They said they would pay it off for me, but I must repay 50,000 yen from my salary each month. They also said I cannot quit the job until the debt is fully paid. I agreed and signed the contract. Am I really not allowed to quit until I finish paying?

A
If you borrowed about 6 million yen and repay it at 50,000 yen per month, it would take 120 months (10 years) to pay it back. However, a contract that forces you to stay at a company for 10 years is against your freedom to choose your job. It may also be considered forced labor, which is illegal in Japan. Therefore, such a condition is invalid under Japanese law.
Even if you still owe money to the company, you have the right to quit your job. However, you should talk with the company about how to repay the remaining amount.
Q I made a defective product, and the company president told me, "According to your contract, 100 yen will be deducted from your salary for each defective item." Is this allowed?

A
No, it is not allowed. In Japan, the company cannot set a fixed penalty (like 100 yen per defective item) in advance. This is considered an illegal penalty clause. Also, deducting money from your salary like this is against the law, because wages must be paid in full. However, if you made the defective product on purpose or by clear mistake, and the company suffered actual damage because of it, you might have to pay for part or all of the real damage. But this must be judged fairly according to the circumstance, not automatically.
Q I work from 8 a.m. to 6 p.m. without a lunch break, so I’m working 10 hours a day. Is that allowed?

A
When working more than 6 hours a day, a break of at least 45 minutes must be given, and when working more than 8 hours, at least 1 hour of break time must be provided. These breaks should generally be given to all employees at the same time during the workday. Since you work 10 hours without a break, this violates the Labor Standards Act.
Q I work a 5-day week with Saturdays and Sundays off. But the extra pay I get for working on Saturday is different from Sunday. Is that allowed?

A
According to Japanese labor law, your company must give you at least one legal holiday per week. This is called a “legal holiday”. If you work on a legal holiday, the company must pay 35% extra wages.
If your company’s rules say Sunday is the legal holiday, then the 35% extra must be paid only for work done on Sunday. Saturday may not be a legal holiday, so different pay is allowed in that case.
Q What is a “substitute holiday”? I worked on my regular day off, but I didn’t receive extra holiday pay. Is that okay?

A
A “substitute holiday” means that your original day off is changed to a workday in advance, and another workday is given to you as a day off instead.
If this change is made before the original day off, then the day you work is no longer treated as a legal holiday. In that case, the company does not have to pay the 35% extra holiday wage.
So, if the substitution was done properly in advance, there is no problem.

Q&A for Employers

Q What should we be careful about when hiring foreign workers?

A
Whether a foreign person can work depends on their residence status.
So, it is important to hire people who have a residence status that allows them to work. Japanese labor laws also apply to foreign workers.
You must clearly explain proper working conditions, such as salary and working hours.
Q We decided to hire a foreign worker after the interview. What should we be careful about?

A
You must check the person’s residence card.
Confirm their residence status, period of stay, and whether they are allowed to work.
Make sure the job will not become illegal employment. After hiring, you must also submit a notification about the employment of a foreign worker.
Q When hiring a foreign worker, is it enough to check only the residence card? What should an employer check on the card?

A
The residence card is more important than the passport.
On the residence card, you should check:
● the residence status
● the period of stay
● whether there are any work restrictions
If it says “Not permitted to work” or “Only permitted for designated activities,” you must be careful.
Q Is there any proof under immigration law that a foreign person who has received a job offer can work in our company as a sales staff member?

A
The person must apply for a “Change of Residence Status” and receive permission. If the application is approved, they can work.
As an employer, you must check the person’s residence status and make sure it matches the job duties.
Q If we become a guarantor for a foreign person living in Japan, what responsibilities do we have?

A
Being a guarantor does not create a legally enforceable obligation.
It is considered a moral responsibility only.
The guarantor does not take legal responsibility for the person.
Q Do people of Japanese descent have no work restrictions?

A
People of Japanese descent who have the residence status of “Long-Term Resident” have no work restrictions.　They can work in almost any type of job.
However, there may be exceptions depending on individual circumstances, so please check the residence card.
Q We would like to hire a foreign student who is expected to graduate from high school. What should we know?

A
In principle, a foreign student who is about to graduate from high school must have a residence status that allows them to work.
They may need to obtain a status such as “Designated Activities” or “Long-Term Resident.”
Permission must be granted after an official review.
Q We would like to hire an international student who is about to graduate as a full-time employee. What should we do?

A
To work full-time, the student must change their residence status to a work visa, such as “Engineer / Specialist in Humanities / International Services.”
After receiving the job offer, the student must apply to immigration and obtain permission before starting work.
Q If an international student at a university or vocational school does not find a job before graduation, can they stay in Japan to continue job hunting? How long can they stay, and what will their residence status be?

A
Yes, they can continue job hunting after graduation.
By changing their residence status to “Designated Activities,” they may stay in Japan for up to one year to look for a job.
A recommendation letter from their school is required.
Q What is Permission to Engage in Activity Other Than That Permitted by the Status of Residence?

A
It is a special permission to do activities that are not included in a person’s original residence status, such as part-time work.
For example, international students need this permission if they want to work part-time, usually up to 28 hours per week.
Q Can we hire an international student as a part-time worker?

A
Yes, you can. However, the student must have permission to engage in activities outside their residence status.
They can work up to 28 hours per week (up to 8 hours per day during long school holidays).
They are not allowed to work in businesses such as adult entertainment industries.
Q A foreign applicant with the residence status “Designated Activities” came for an interview. How can we check whether they are legally allowed to work in Japan?

A
If the residence card says “Permitted to work,” the person can work.
However, if it says “Only permitted for designated activities” or something similar, they can work only within that limited scope.
Please check the residence card carefully.
Q In the case of dispatched workers, is notification required? If so, who must submit it—the dispatching company or the receiving company?

A
Yes, notification is required.
The obligation to submit the notification belongs to the dispatching company (the company that employs the worker).
It is not the responsibility of the receiving company, but of the employer who has the employment contract.
Q A foreign worker has acquired Japanese nationality. Is any notification required?

A
Yes, notification is required.
You must submit a notice to the Public Employment Security Office stating that the person is no longer a foreign national due to naturalization.
Q When submitting the notification of employment status of a foreign worker, do we need to attach copies of the passport or residence card?

A
No, copies are not required.
However, you must check the residence card or passport and accurately record the necessary information when submitting the notification.

The information here is part of our frequently asked questions.
Actual situations may be different for each person.
If you are wondering,
“Does this apply to my case?” or “Is it okay to ask about this?
”please feel free to contact us.
Your consultation will not be shared with anyone without your consent.
Small questions or concerns are always welcome.

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