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Employment of Foreign Workers
Procedures for Employment of Foreign Workers under Working Visit (H-2) Status
Application for Verification of Exceptionally Permissible Employment
- If any employer, who made efforts to recruit nationals, fails to hire national personnel, such employer may file an application for verification of exceptionally permissible employment for foreign workers (Article 12 Section 3 of the Act on the Employment, etc. of Foreign Workers and Article 12-2 Section 1 of the Enforcement Rule of the Act on the Employment, etc. of Foreign Workers).
Issuance of Certificate of Exceptionally Permissible Employment
- Once the head of the relevant employment center issues a certificate of exceptionally permissible employment to an employer who applies for the certificate, the employer may hire foreign workers under Working Visit (H-2) status within the permitted number range without any restriction for the effective term of 3 years (Article 12 of the Act on the Employment, etc. of Foreign Workers and Article 12-2 Section 2 of the Enforcement Rule of the Act on the Employment, etc. of Foreign Workers).
Entering into Employment Contract
- Anemployer who intends to employ a foreign worker must enter into an employmentcontract in the standard employment contract form designated by law [Article 9 paragraph 1and Article 12 paragraph 1 of the 「Act on the Employment,etc. of Foreign Workers」 and Appendix 6 of the 「Enforcement Rule of theAct on the Employment, etc. of Foreign Workers」 (For agriculture, livestock, and fishery sectors,refer to Appendix 6-2 of the 「Enforcement Rule of theAct on the Employment, Etc. of Foreign Workers」)].
Reporting on Commencement of Employment
- An employer must report the commencement of employment to the head of the employment center having jurisdiction over the business or place of business the employer operates within 14 days from the date the foreign worker’s employment has commenced (Article 12 Section 4 of the Act on the Employment, etc. of Foreign Workers and Article 12-3 of the Enforcement Rule of the Act on the Employment, etc. of Foreign Workers).