Hiring foreign workers involves a series of complex and multi-layered steps. From interviewing and training to the initial procedures of recruitment and visa applications, these tasks require significant expertise and can be challenging. This article offers an in-depth guide on the essential procedures for employing foreign workers and managing their visa applications. Understanding these processes will equip you with the foundational knowledge necessary to facilitate smoother recruitment activities.

Fundamental Steps in Hiring Foreign Workers

First, we'll discuss the flow from the initial stages of hiring foreign workers.
Here, we'll break down the process into five fundamental steps.

＜Hiring flow from the initial stages＞

1. Checking Legal Requirements

Before hiring foreign workers, it is crucial to verify legal requirements. This includes understanding the types of visas available, application procedures, and labor laws relevant to employment. In Japan, the type of work permitted varies by the employment visa held.

2. Creating Job Listings

Prepare job listings aimed at foreign workers in English or the language of the target country. Ensure these listings clearly detail the required skills, experiences, job responsibilities, and compensation. Job advertisements might primarily appear on online job portals, newspapers, or free papers targeting foreigners. Posting on websites dedicated to foreign job seekers can also be effective. Registering with recruitment agencies to receive recommendations for suitable candidates is another viable approach.

When creating job listings, ensure they are multilingual and provide clear information about job roles, working hours, and necessary skills, more so than those targeted at domestic workers. Carefully avoid any discriminatory language.

3. Document Screening

Once job postings are created and applications received, the selection process begins with document screening. This involves checking resumes and work history documents. There are several important points to consider during this stage. Firstly, resumes, as traditionally understood, may not be familiar to all foreign applicants. It can be effective to require a work history document or a custom entry sheet as needed. Key aspects to assess include the applicant’s intent to work, proficiency in Japanese, and educational background to ensure they meet the company’s hiring criteria.

4. Interviews

To facilitate smooth communication, it is advisable to have interviewers who are proficient in the applicant's language or to arrange for an interpreter. During the interview, questions should focus on the candidate’s reasons for applying, desired position, and impressions of Japan, which can help elucidate their vision for working at the company and reveal more about their personality. It is also crucial to verify that the candidate has not engaged in activities beyond their visa restrictions or been involved in any criminal behavior. Hiring foreign workers without thorough checks can lead to unforeseen disadvantages for the company, so it’s essential to diligently confirm these details to avoid any issues.

Various Visas and Selection Methods to Remember

A visa is akin to an entry permit issued to foreign nationals, granted after the applicant has applied and been approved by the destination country. There are eight general types of visas, categorized based on the destination, purpose of the trip, and duration of stay. For those intending to work in the destination country, there are 16 types of work visas. When hiring foreign workers, particular attention should be paid to the Specified Skilled Worker visa and the Technical Intern Training status. Below, we will discuss these two types of statuses.

• Specified Skilled Worker

The Specified Skilled Worker visa was established in April 2019. It is divided into categories "1" and "2".

Specified Skilled Worker 1 is for foreigners who engage in jobs that require substantial knowledge or experience in specific industrial fields, while Specified Skilled Worker 2 is aimed at those with advanced skills in specific industries. The creation of this visa status aims to alleviate labor shortages in sectors where it is difficult to secure human resources, thus immediate effectiveness is expected.

• Technical Intern Training

This visa status is intended to accept personnel from developing countries to learn skills and techniques with the goal of bringing back advanced technology to their home countries. Unlike the Specified Skilled Worker, the Technical Intern Training does not require specific skills upon entry; these skills are acquired after entering the country. This visa has a strong international cooperation aspect, as it facilitates the transfer of advanced technology to developing nations.

Source: Ministry of Foreign Affairs Website https://www.mofa.go.jp/mofaj/toko/visa/chouki/index.html

Visa Application Procedures and Required Documents for Those Who Don't Want to Make Mistakes

In this section, we'll discuss the process and necessary documents for applying for a work visa.

First, the visa application must generally be made by the applicant themselves. However, if the applicant is not in Japan, companies may sometimes handle the application, so it is beneficial for employers hiring foreign nationals to be familiar with the procedure.

The process for applying for a work visa consists of the following five steps:

1. Confirm the Type of Visa

Start by identifying the type of visa to apply for. The main types of work visas include:

• Skills, Humanities, International Services
• Advanced Professional
• Specified Skills

2. Prepare the Required Documents

A range of documents are needed to obtain a work visa. The essential documents vary depending on the type of visa, but generally include:

• Certificate of Eligibility application
• Employment contract
• Applicant’s photo
• Self-addressed envelope or return postcard
• Reason for invitation and job description
• Applicant's resume or CV
• Proof of highest educational qualification
• Documents certifying employment history

3. Application for the Certificate of Eligibility

The application for a Certificate of Eligibility is a necessary step to verify whether the activities planned by the foreign national in Japan match the required residential status.

This involves submitting the required documents along with the Certificate of Eligibility application form to the regional immigration bureau in Japan.

The review period typically ranges from one to three months.

4. Acquisition of the Certificate of Eligibility

Once approved, the Certificate of Eligibility will be issued.
This certificate is an essential document for entering Japan.

5. Visa Application

Prepare the Certificate of Eligibility along with other necessary documents (passport, photograph, and visa application form) and submit these to an overseas diplomatic mission. Once the review is completed, a visa will be affixed to the passport.

Mistakes in Visa Application

Due to the numerous steps and documents required for a work visa application, errors are common, and applications can sometimes be rejected. Therefore, it is crucial for companies to be well-versed in visa application procedures and actively support their foreign employees.

In recent years, using visa application proxy services has also become a strategy for facilitating smooth visa applications. Hiring a legal professional specializing in immigration services is another viable option.

Preparations for Smoothly Integrating Foreign Workers

If you are considering the integration of foreign workers, it's essential to prepare your internal environment to ensure that these employees can smoothly perform their duties. Here, we will introduce several measures for preparing your organization to welcome foreign workers.

• Cultural Adaptation Support

Conduct orientations about Japanese business manners, culture, and living habits. Additionally, assign mentors to foreign workers to provide guidance and conduct regular follow-ups.

Further initiatives include hosting cultural exchange events: Organize cultural exchange events and multicultural coexistence workshops regularly within the company.

• Communication Support

Consider offering Japanese language learning programs and utilizing interpretation and translation services.

Implement multilingual communication tools and apps to facilitate everyday communication.

• Workplace Environment Preparation

Promote measures to respect diversity within the workplace and create an inclusive environment. Additionally, training and educational programs: Conduct education and training on multicultural coexistence for all employees to deepen their understanding of foreign workers.

By implementing these steps, you can create an environment where foreign workers can smoothly adapt to the workplace and perform their duties effectively. Additionally, considering the use of services like foreign resident centers and seminars can also be beneficial.

Source: Immigration Service Agency Website
https://www.moj.go.jp/isa/support/fresc/fresc_2.html

Must-Follow! Ensuring Compliance with Labor Laws

As the Japanese workforce continues to shrink, more companies are turning to foreign workers to address this challenge. However, this has led to specific issues unique to foreign workers. Here, we will discuss key points of labor laws and compliance that companies must adhere to.

• Harassment Issues Among Foreign Workers

When foreign workers start working in Japanese companies, troubles often arise due to differences in language and culture with Japanese employers. Cases of miscommunication or discriminatory attitudes among Japanese workers can lead to foreign workers becoming targets of harassment, sometimes escalating into significant incidents.

• Legal Obligations to Follow

Employers hiring foreign workers should take into account that these individuals may not be fully familiar with our country's employment practices or the information necessary for job-seeking activities. Therefore, employers are obliged to implement measures to facilitate these workers' adaptation to the workplace and enhance employment management to enable the effective use of their abilities. Additionally, employers should provide support for re-employment in cases of termination or resignation. This is stipulated in Article 7 of the Law Concerning the Comprehensive Promotion of Labor Policies, Stability of Employment of Workers and Enhancement of Their Working Lives (commonly referred to as the Comprehensive Promotion of Labor Policies Law).

The specific measures that employers need to implement to properly manage foreign workers are outlined in the "Guidelines for Employers on the Proper Management of Foreign Workers' Employment" (referred to as "Foreign Worker Employment Management Guidelines"), established by the Minister of Health, Labour, and Welfare under the Comprehensive Promotion of Labor Policies Law (Ministry of Health, Labour and Welfare Notification No. 276 of 2007).

You can find resources and detailed guidelines through the following links provided by the Ministry of Health, Labour, and Welfare:

Brochure on Rules for Employing Foreign Workers (in Japanese)
Guidelines for Managing the Employment of Foreign Workers (in Japanese)

Additionally, the Ministry's website offers a checklist for employers to review key points in employment management. This can also be a valuable resource:

Self-Inspection Checklist for Improving Employment Management of Foreign Workers (For Employers)

Source：Employment of Foreign Workers | Ministry of Health, Labour and Welfare
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/koyou_roudou/koyou/jigyounushi/page11.html

Thorough Planning and Preparation for Effective Foreign Worker Hiring

This article has detailed the essential procedures and visa application processes involved in hiring foreign workers. By comprehending and properly handling these steps, you can streamline the integration of foreign talent into your workforce. Ensure your organization is well-prepared, adheres to legal requirements, and is ready to embrace a diverse pool of talent to strengthen your business.