Workplace and Labor

• Either a status of residence with no restriction on work activities, such as permanent resident, or a status of residence that allows work within the scope specified in the status of residence, such as diplomat, is required.

(Explanation)
・Foreign nationals residing in Japan are allowed to stay (work, etc.) for a specified period of time within the scope of the status of residence granted at the time of entry (landing), etc.
・There are 29 types of status of residence, 24 of which allow you to work within the scope of that status.
・Of the 24 types of resident status, there are four that have no restrictions on work activities: permanent resident, spouse or child of Japanese national, spouse or child of permanent resident, and long-term resident.
・There are 20 types of status of residence that allow you to work within the scope specified in the status of residence: diplomat, official, professor, artist, religious activities, journalist, highly skilled professional, business manager, legal/accounting services, medical services, researcher, instructor, engineer/specialist in humanities/international services, intra-company transferee, nursing care, entertainer, skilled labor, specified skilled worker, technical intern training, and designated activities (working holiday, domestic staff of diplomat, etc.).
・The other five types (cultural activities, temporary visitor, student, trainee, and dependent) do not permit work activities. However, you may be able to work within the scope of “permission to engage in activities other than those permitted under the status of residence previously granted.”

00395

• A Certificate of Eligibility for Employment is a document issued by the Minister of Justice to prove that a foreign national has the status of residence that allows them to work and that they can be employed in a specific occupation.
• The Certificate of Eligibility for Employment allows foreign nationals to prove that they are legally able to work when seeking employment. It can also be used by employers to make sure that a foreign national is permitted to work.

(Explanation)
・This is a system of certification for foreign nationals who are allowed to work.
・The screening process checks that the applicant has a status of residence that allows them to work, a status of residence that does not allow them to work but for which they have obtained permission to engage in activities other than those permitted under the status of residence previously granted, or a status of residence with no restrictions on working.
・Generally, the certificate is issued on the same day the application is submitted, but when changing employers, etc., it may take one to three months from the time the application is submitted to the time the certificate is issued.
・If you, as a foreign national, are considering changing jobs and are unsure whether the new job will fall under the activities that can be engaged in under your current status of residence, you may wish to consider using this certificate of employment eligibility system to confirm this.
・If you show specific information about the type of work you will be doing at your new job and the duties you will be responsible for, then apply for and obtain a Certificate of Eligibility for Employment, you will be able to effectively confirm that the nature of the work your will be doing at your new job is compatible with your current status of residence.
・If a Certificate of Eligibility for Employment is not issued, it means that the job at your new employer is not compatible with your current status of residence. In that case, you may apply for a change of status of residence if the job at the new employer corresponds to another status of residence. If your application for change of status is also denied, it may be best to give up on changing jobs.

03774

• Foreign nationals whose status of residence is “student” or “pre-college student” need to obtain a “permission to engage in activities other than those permitted under the status of residence previously granted” in order to work part-time.
• In order to obtain permission, you need to apply at a regional immigration office.

(Explanation)
・The “student” and “pre-college student” statuses of residence, in principle, allow only activities involving receiving education at a Japanese university, an institution that provides education to enter a Japanese university, or a technical college, and do not include part-time work.
・However, in order to make up for shortfalls of tuition and living expenses, students may work part-time within certain limits by obtaining “permission to engage in activities other than those permitted under the status of residence previously granted.”

02377

[For foreign nationals working legally]

• In principle, foreign nationals residing and legally working in Japan are covered by employment insurance.
• Employment insurance is a public insurance system that provides benefits to workers when they become unemployed, take childcare or nursing care leave, or receive vocational training. Workers are also required to contribute a certain percentage of their wages.
• For example, if you leave your job for personal reasons or are dismissed, you can receive the basic allowance if you meet certain conditions, submit a notice of loss of insured status and a release form, and register for job seeking at a public employment security office (Hello Work).

[For foreign nationals with no status of residence]

• Conversely, those who have no status of residence (working illegally) cannot be covered by employment insurance.
• As such, foreign nationals working illegally will not receive employment insurance benefits even if they lose their job. If you are working illegally and are still paying for employment insurance, it is an unnecessary payment and you should ask to have collection of contributions stopped immediately.
• The employment insurance contributions you have paid will not be refunded even if you are unable to receive unemployment benefits.

03823

• Under the Labor Standards Act, when entering into an employment contract, the employer is required to deliver a written document that clearly states the working conditions, such as salary, working hours, etc.
• If the contract is written in Japanese, make sure to have it translated into your native language to confirm what it says.
• Employment contracts and employment regulations are important because they can help avoid problems later on.
• In addition, labor laws apply to all foreign workers in Japan, including migrant workers who have overstayed.

03822

• In some cases, you may be able to request that the working conditions be changed to be the same as those described when you were hired.

(Explanation)
・Ordinarily, when entering into an employment contract, certain working conditions, such as wages and working hours, must be clearly stated in writing. However, even if the working conditions are only expressed verbally rather than in writing, those working conditions will, in principle, become part of the employment contract.
・When an agreement is reached on working conditions that are more favorable to the worker than those stipulated in the employment regulations, the agreed working conditions become part of the employment contract. Therefore, working conditions that are favorable to the worker, which were explained verbally at the time of employment, cannot be unilaterally withdrawn on the grounds of the provisions of the employment regulations.
・If the working conditions clearly indicated by the employer at the time of the conclusion of the employment contract differ from the actual working conditions, the employment contract can be terminated immediately by the worker.
・For more information, please consult with your Prefectural Labor Bureau’s General Labor Consultation Corner or a specialist such as a lawyer.

02124

• Possible ways to address this include the following:

1. File a claim with your employer by content-certified mail, etc.
2. Make a report to the Labor Standards Inspection Office and request it invokes its regulatory powers (including administrative guidance).
3. File a lawsuit or labor tribunal proceedings with a court to demand payment of the unpaid wages.

(Explanation)
(1) Employers have an obligation to pay wages as compensation for labor, and non-payment of such wages constitutes a violation of the employment contract. However, the right to claim payment of wages is extinguished by prescription after three years from the due date (two years for payments due before April 1, 2020).
・The employer is also obliged to pay severance pay if it is provided for in the employment regulations, etc. The prescription period for the right to claim severance pay is five years from the date of payment.

(2) Non-payment of wages is a violation of the Labor Standards Act and is subject to enforcement by the supervising authority, the Labor Standards Inspection Office.
・Non-payment of wages is punishable by a fine of up to 300,000 yen.
・Because wages are essential for sustaining workers’ livelihoods, the Labor Standards Act established the following principles.
(a) Principle of payment in currency
Wages must be paid in currency. In principle, payment in kind (provision of products from the company’s inventory, etc.) is not permitted.
(b) Principle of direct payment
Wages must be paid directly to workers. This is to prevent exploitation by intermediaries.
(c) Principle of payment in full
Workers must be paid in full. It is not permitted to offset monetary claims against workers against their wages.
(d) Principle of payment on a fixed date at least once a month
Wages must be paid on a regular basis at least once a month. The purpose is to prevent workers’ livelihoods from being destabilized by paying wages in batches or on an indeterminate date.
・Wages, regardless of the name used, are payments made by employers to workers as compensation for their labor. Part-time wages are also wages. In addition, even if work is done as an “independent contractor,” if the person who did the work is recognized as a “worker,” it may be possible to claim payment for such as wages.
・Not only salaries, but also bonuses and severance pay are also considered wages if the rules of employment, such as severance pay regulations, employment contracts, and collective agreements stipulate the payment and the criteria for payment.

(3) Depending on the amount of unpaid wages and the circumstances, the procedures that can be applied for in court include a labor tribunal, a small claims suit, an ordinary lawsuit, a demand for payment, civil conciliation, etc. In addition, you may be able to file a petition for seizure or auction of the employer’s assets based on the priority of the right to claim wages, or to take procedures for preservation of the employer’s assets (provisional seizure, provisional disposition).

・For lawsuits or other judicial proceedings, the decision on what method to use will vary depending on the individual case, so consult with a lawyer or other specialist.

02132

• As long as a worker’s actions are not intentional or negligent, they are not liable for damages.
• If a worker causes damages to the employer due to a breach of obligations under the employment contract or a tort, the worker is liable for damages, but the amount of damages may be limited depending on the specific circumstances.

(Explanation)
・If there is no causal relationship between a worker’s actions and the occurrence of the damage, the worker will not bear any liability. Therefore, if the damage occurred independently of the worker’s actions, the worker has no responsibility to pay compensation for damages.
・If a worker’s actions are not intentional or negligent, they are not liable for compensation even if the employer incurs damages (principle of negligence liability). Therefore, even if the damage is caused by the worker’s actions, the worker is not liable for damages if there is no intentional or negligent act on their part.
・A worker is liable for damages if they are in breach of their obligations under the employment contract and fail to fulfill their promised obligations (non-compliance), or if they cause damage to the employer through a tort. However, depending on the extent of the worker’s intentional or negligent conduct, their working conditions, and the employer’s risk management, the employer may not be able to make a claim against the worker for the full amount of damages incurred.
・This is because, as long as the employer earns profits by employing workers, the person who earns the profits (the employer) should bear the risks that may normally arise, and the employer can take measures to avoid risks that may normally arise, such as insurance, labor management, etc. Therefore, the employer’s right to claim damages is considered subject to limits by the rule of faith (the principle of good faith: the principle that the exercise of rights and the performance of obligations must be conducted in good faith).
・Whether or not the worker is liable for damages, and if so, to what extent, should be determined based on the individual facts, so please consult with a lawyer for more information.

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• If the problem is not resolved or dealt with after talking to your supervisor or the company’s harassment consultation service, you may consider contacting an outside consultation service (the General Labor Consultation Corner, a lawyer, etc.).
• Depending on the specifics of the behavior, you may be able to claim compensation from the person committing the harassment (bullying, abuse of power, etc.) or the employer.

(Explanation)
・Workplace harassment and bullying is defined as inflicting mental or physical distress on a worker who has subordinate status in terms of their professional position or interpersonal relationships, thereby damaging the worker’s reputation, violating their privacy, physical safety, freedom of action, or other interests, infringing their right to work, or degrading their working environment.
・Abuse of power is defined, in the context of a perpetrator’s dominant status in the workplace, such as their professional position or interpersonal relationships, as inflicting mental or physical distress on a colleague or degrading their working environment in a manner that exceeds what is appropriate for work. This includes not only behavior perpetrated by superiors against subordinates, but also that between more and less experienced staff, between colleagues in the same position, and even by subordinates to superiors.

<<Types of abuse of power>>
Types of abuse of power include the following.
(1) Assault and injury (physical abuse)
(2) Intimidation, defamation, insults, and severe verbal attacks (psychological abuse)
(3) Isolation, ostracism, and neglect (cutting the victim off from human relationships)
(4) Coercion into work that is clearly unnecessary or impossible, obstruction of duties (excessive demands)
(5) Assigning low-level tasks that are inappropriate for the job or an individual’s skills and experience, or not assigning work at all (insufficient demands)
(6) Excessive intrusion into private matters (violation of privacy)

<<Liability for damages>>
・If an employer is involved in harassment, bullying, or abuse of power, the employer and the perpetrator may be jointly and severally liable for damages under tort. In addition, because employers are obliged under the employment contract to prevent serious hindrance to the provision of labor by workers, they may be held liable for damages for violating this obligation.
・Even if an employer is not involved in harassment, bullying, or abuse of power, the employer may be liable for damages as an employer when the bullying, etc. is job-related. In addition, since employers are obliged under the employment contract to ensure a comfortable work environment for workers, they may be held liable for damages for violating this obligation through non-compliance.
・Depending on the case, the following actions may be taken before claiming damages.
(1) Keeping evidence of the course of events and the words and conduct of the perpetrator by making notes, recordings, etc.
(2) Sending a content-certified mail to the employer to demand that they stop the bullying and harassment.
(3) Applying for civil conciliation and seeking the same measures as (2).
(4) Filing a complaint with the Legal Affairs Bureau (human rights consultation) or the Japan Federation of Bar Associations Human Rights Protection Committee.
(5) Taking legal action for assault, intimidation, defamation, etc.

01269

• If you have been sexually harassed in the workplace, you may consider contacting your company’s complaint consultation service (many companies have a consultation service for employees who have been sexually harassed. In addition, businesses are obliged to take measures to prevent detrimental treatment of employees who consult with their internal consultation services).
• If you have suffered mental distress due to sexual harassment, you may be able to file a claim for damages against both the employer and the harasser.
• Depending on the nature of the sexual harassment, some cases may constitute the crime of coercion.

(Explanation)
・The Equal Employment Opportunity Act obliges employers to the take necessary administrative measures to deal with sexual harassment.
・In addition to this, you can consult with the Prefectural Labor Bureau and ask for assistance in resolving the issue under the Equal Employment Opportunity Act.
・The Equal Employment Opportunity Act prohibits the dismissal or other detrimental treatment of workers on the grounds that they have consulted with the Labor Bureau or other government agencies.
・Being removed from your assigned duties for rejecting sexual advances may constitute “quid-pro-quo” sexual harassment (a worker suffering disadvantageous working conditions as a result of their response to sexual remarks or behavior in the workplace).
・When sexual harassment occurs, not only is the perpetrator liable for the tort, but the employer may also bear liability for damages due to “employer’s liability” (i.e., the responsibilities assumed by those who employ people and earn profits from them).
・However, the actual extent to which damages can be claimed needs to be determined in accordance with the particular case, so consult with a lawyer or other specialist for further information.

01267

• If your employer systematically harasses you, you may be able to claim damages from your employer for tort.
• Even if the employer did not commit systematic harassment, the employer has “employer’s liability” as the employer of the harassing supervisor or employee, and you may still be able to claim damages for tort.
• Employers also have the obligation to ensure a comfortable work environment for workers, so they may be held liable for damages for violating this obligation through non-compliance.

(Explanation)
・The term “employer’s liability” refers to the responsibility of a person who earns profits by employing others to also take responsibility for damages caused to others by someone they employ.
・The employment contract includes an obligation on the part of the employer to give due consideration to the work environment, and as part of this, the employer has the duty to create a comfortable working environment for employees. Therefore, if the employer violates this obligation and the employee suffers harm, the employee may claim damages from the employer for non-compliance.
・The damages suffered by the employee may include compensation for mental distress and damages equivalent to the amount of wages not earned because the employee had to resign even though they would have been able to continue working if not for the harassment.
・Whether or not damages based on tort or non-compliance are possible depends on the degree of harassment and the degree to which it can be proven.
・Also, if the bullying in the workplace is subject to criminal penalties such as assault, injury, defamation, etc., you may be able to seek punishment of the perpetrator.
・Employers are obligated to take necessary administrative measures (such as clarification and dissemination by employers of internal policies to prevent abuse of power, establishment of a consultation system, and care for affected workers) to prevent abuse of power in the workplace. Although there are no penalties, failure to take appropriate measures will result in the employer being subject to corrective guidance by the Minister of Health, Labour and Welfare, and failure to comply with such guidance may result in the name of the employer being made public.
・In addition, when disputes related to abuse of power arise, it will be possible to request conciliation or other assistance for individual dispute resolution.
・The same employer obligations as above, the publication of the name of the employer for violations of obligations, and assistance schemes for individual dispute resolution have also been established with respect to sexual harassment (Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment).
・Consult with a lawyer or other specialist for further information.

01949

• It is possible to file a claim for damages for tort against one or both of the individual perpetrator (the colleague) and the employer (the company).
• In some cases, you may be able to file a claim for damages against your employer (the company) for non-compliance with obligations.
• If the Director of the Labor Standards Inspection Office certifies that the injury was caused by work, you can receive benefits from industrial accident compensation insurance.

(Explanation)
・A claim for damages for tort
(1) May be made against the individual perpetrator.
(2) May be made against the employer as an act of the employer themselves in cases where the employer systematically instructed the employee to commit the assault.
(3) May, in some circumstances, be made against the employer on the grounds of “employer’s liability” (the responsibility of a person who earns profits by employing others to bear the disadvantages arising therefrom) even if the employer is not directly involved.
・As an incidental obligation of the employment contract, employers also have a “duty of care” to take into consideration workers’ safety and well-being, including their work environment, so in some cases, claims for compensation for damages based on non-compliance with obligations may be made on the grounds of their failure to do so.
・A claim can be made against individual perpetrator or against the employer, but since the claim is for compensation for damages caused by the same injurious act, if separate claims are made against both, the amount of damages may be adjusted to avoid duplicate compensation.
・Even when industrial accident compensation insurance benefits are paid for work-related injuries, a certain level of adjustments will be made to avoid overlapping compensation between insurance benefits and compensation for damages.
・Consult with a lawyer or other specialist for further information regarding compensation for damages.

02179

• Industrial accident compensation insurance also applies to work accidents suffered by foreign nationals.
• They may also hold their employer civilly liable.

(Explanation)
・The Industrial Accident Compensation Insurance Act not does specify any restrictions on the category of “worker,” and even illegal employment or part-time work that exceeds the scope of the “permission to engage in activities other than those permitted under the status of residence previously granted.” is covered by the insurance.
・Applications regarding work-related accidents should be made to the Labor Standards Inspection Office with jurisdiction over the place of business.
・In the case of an application by an illegal worker, according to an internal notice issued by the former Ministry of Labor in 1990, the applicant should refrain from reporting to the Immigration Bureau at least until the investigation of the facts of the work-related accident is completed.
・In addition, if there is a problem with the employer’s safety management, the employer can be held civilly liable.

02378

• To receive industrial accident compensation insurance benefits, the affected worker themselves (or their surviving family) files a claim with the Director of the Labor Standards Inspection Office.
• The claim form will be processed even if the employer does not certify the work-related injury.

(Explanation)
・Industrial accident compensation insurance benefits include medical treatment (compensation) benefits, work absence (compensation) benefits, injury and illness (compensation) pensions, disability (compensation) benefits, bereaved family (compensation) benefits, funeral expenses (funeral service benefits), and nursing care (compensation) benefits.
・For each of these, an application for industrial accident compensation insurance benefits should be made to the Director of the Labor Standards Inspection Office with jurisdiction over your workplace.
・On the industrial accident compensation insurance benefits claim form, there is a column for the employer to certify that the injury is a work-related accident. In addition, the Ordinance for Enforcement of the Industrial Accident Compensation Insurance Act stipulates that employers must promptly provide certification when requested by workers to do so for the purpose of receiving industrial accident compensation insurance benefits.
・However, if the employer denies that it is a work-related accident and refuses to provide certification, the industrial accident compensation insurance benefits claim form will be processed even if the employer’s certification field is left blank. In such cases, attach a document to the claim stating that the employer will not certify the cause and circumstances of the accident (there is no specific format for this).
・Industrial accident compensation insurance benefits claim forms are provided at the Labor Standards Inspection Office. The form can also be downloaded from the Ministry of Health, Labour and Welfare website.

01327

• If you meet all of the following requirements, you will be recognized as suffering from a work-related illness and will be entitled to receive industrial accident compensation insurance benefits.

1. You have developed an illness (depression, acute stress reaction, etc.) that is eligible for recognition as a work-related illness
2. Severe psychological strain due to work has been identified during the period of approximately 6 months prior to the onset of the illness
3. Said illness is not deemed to have been caused by psychological strain or individual factors unrelated to work

(Explanation)
・The Ministry of Health, Labour and Welfare (MHLW) has set out criteria for certifying mental disorders caused by psychological strain at work as a work-related illness (2011 Notice: “Criteria for Certification of Mental Disorders Caused by Psychological Strain”). The three requirements outlined in these certification criteria are those listed in the answer above.
・With respect to the psychological strain in requirement (2), for example, if a person suffers a life-threatening work-related illness or injury, is subjected unwillingly to sexual harassment such as indecent behavior, or has worked more than 160 hours of overtime in the immediately preceding month, these are considered “special events” and are sufficient to constitute severe psychological strain due to work. Even if not to the extent of these “special events,” the severity of the psychological strain is assessed in line with the situation regarding power harassment, sexual harassment, and long working hours (number of events, duration, and other circumstances), and as a result, the psychological burden may be deemed “severe.”
・For more information, please consult with the Labor Bureau, the Labor Standards Inspection Office, or a specialist such as a lawyer.

04663

• The conclusion depends on whether your employment contract has a fixed term or not.

<<For employment contracts without a fixed term>>

• A worker under an employment contract without a fixed term may terminate the employment contract at any time by unilateral declaration of intent. Even if the employer does not give their approval, the resignation will be effective after 14 days from the date it is offered.
• However, in order to avoid problems with the issuance of release forms, it is preferable to follow the procedures for resignation set out in the employment regulations.

<<For employment contracts with a fixed term>>

• A worker under an employment contract with a fixed term is, in principle, obliged to work for that term.
• In certain circumstances, however, there are exceptions that allow a worker under an employment contract with a fixed term to resign at will.

(Explanation)
<<For employment contracts without a fixed term>>
・A worker under an employment contract with no fixed term may submit their resignation at any time.
・Although there are cases where a worker finds it difficult to resign because their employer dissuades them from doing so, the worker can resign of their own free will.
・In principle, it is preferable to follow the procedures for resignation if one is provided for in the employment regulations. If there are no provisions in the employment regulations regarding the method of resignation, a resignation will be effective after 14 days from the date it is offered. If it is not possible to complete the resignation procedure amicably, a dispute may arise at a later date as to whether or not the employee’s intention to resign has been expressed (“I already resigned,” “No, you haven’t resigned yet,” etc.). To prepare for such disputes, it is advisable to express your resignation in writing, such as by content-certified mail with a delivery certificate.
・A typical example of a worker under an employment contract with no fixed term is a regular full-time employee, but part-time workers may also have no fixed term. However, “regular full-time employee” and “part-time employee” are not legal terms, so just because someone has one of these titles within a company, it does not necessarily mean that they are a worker under an employment contract with no fixed term. Be sure to check your employment contract or notice of working conditions to see if there is a fixed term.

<<For employment contracts with a fixed term>>
・If an employment contract has a legal term (in principle, not more than three years,　and not more than five years for highly specialized workers as defined by the Ministry of Health, Labour and Welfare or workers who are 60 years of age or older), the worker may not, in principle, resign unilaterally during the term of the contract. However, even if they have a fixed-term employment contract, a worker may resign immediately in the event of “unavoidable” circumstances.
・Whether or not there are “unavoidable” circumstances is determined on a case-by-case basis.
・A typical example of a worker under an employment contract with a fixed term is a so-called “contract employee.” Registered dispatch workers also have employment contracts with a fixed term with the dispatch company. However, it is important to check the details of a worker’s individual contract, not just their title within the company.

<<Consultations regarding both non-fixed term and fixed-term employment>>
・For more information, consult with a lawyer or the General Labor Consultation Corner set up in the Prefectural Labor Bureau or Labor Standards Inspection Office.

01285

• You should ask the employer to clarify the reason for your dismissal in writing.
• If you do not agree with the dismissal, you can send a content-certified mail with a delivery certificate to show that you are willing to work.

(Explanation)
・The employer may give the following reasons for dismissal.
(1) Insufficient work ability
(2) Unsuitability for the job
(3) Violation of work regulations, etc. by the worker
(4) Business needs of the employer (e.g., deteriorating business results)
・If the employer dismisses an employee, the dismissal will be invalidated as an abuse of the right to dismiss unless there are objectively rational reasons for doing so and the dismissal is reasonable in terms of common social norms. You may consider asserting the invalidity of the dismissal, showing that you are willing to work, and then making a claim for wages during the period of dismissal.
・When the employer transfers a dismissal notice allowance or severance payment to your account, you may consider sending a content-certified mail with a delivery certificate to the employer and notify them that the payment will be used to cover wages that should have been paid.

<<If you do not intend to continue working at the workplace>>
・If you do not intend to continue working at the workplace in question, you may be able, on the grounds that your dismissal constitutes a tort, to make a claim against your employer for lost earnings (the equivalent of your wages for a reasonable period of time) or compensation.
・In addition, if no dismissal notice allowance has been paid despite no advance notice of dismissal being given, you may be able to make claim for payment of the dismissal notice allowance (employers are required to give at least 30 days advance notice of dismissal when they intend to dismiss a worker, and if they do not give advance notice of dismissal, they are required to pay at least 30 days’ average wages (in principle, the total amount of wages paid during the three months prior to the notice of dismissal, divided by the total number of days during that period)).
・It is also possible to shorten the number of days of advance notice of dismissal by the number of days for which dismissal notice allowance has been paid.
・If a lawsuit is filed within two years from the time of dismissal (for the time being, “within three years from the time of dismissal” if the revised Labor Standards Act (effective April 1, 2020) is applied), the employee can separately request the court to order the payment of money (additional payment) equal to the dismissal notice allowance. However, it is at the discretion of the court whether to allow the payment of the additional money and how much it will be.

<<Procedures to consider when you want to discuss or contest your dismissal>>
・You may also consider consulting the Labor Standards Inspection Office or Prefectural Labor Bureau (General Labor Consultation Corner, advice and guidance by the Director of the Labor Bureau, mediation by the Dispute Coordination Committee) that has jurisdiction over the location of your workplace.
・You may consider applying for a labor tribunal at the district court or filing a civil suit.
・You may also consider applying for civil conciliation at a summary court.
・If you are struggling with living expenses due to unpaid wages, you may be able to apply for a provisional disposition to the district court for an early judgment.
A “provisional disposition for preservation of status” is a provisional recognition that you are employed.
A “provisional disposition for provisional payment of wages” is a way to have your wages paid provisionally.
・When filing a provisional disposition, it is necessary to file a separate lawsuit (main action), but in some cases, a settlement (resolution) can be reached during the preservation procedure and the matter can be resolved quickly without filing a main action.
・Which method is appropriate and what kind of claim should be made needs to be determined in accordance with the particular case, so consult with a lawyer or other specialist for further information.

01280

• If you have been paying social insurance contributions every month, you are covered by employment insurance and can receive unemployment benefits.
• In addition, you will need to change your pension plan from Employees’ Pension Insurance to the National Pension Plan and, if you plan to stay in Japan for more than three months, enroll in National Health Insurance, so please consult with the relevant sections of your local municipal office.

(Explanation)
・Legally employed foreign nationals are covered by employment insurance, so as long as you have paid your social insurance contributions, you are eligible to receive employment insurance.
・Conversely, illegal workers without status of residence are not covered by employment insurance, so unemployment benefits are not provided.

03826