The Relationship Between Visa Status and the Notice of Labor Conditions [Licensed Immigration Specialist]
When hiring foreign nationals, the notice of labor conditions is both a legally required document under labor law and a key document used by immigration authorities to assess visa eligibility. A licensed immigration specialist explains how the description of job duties, compensation, and contract period affect the review, and what foreign national-specific content to include.
When hiring foreign nationals, the notice of labor conditions (or employment contract) is not only a mandatory document under the Labor Standards Act — it is also a critical document that immigration authorities use to verify job duties, compensation, and employment conditions during a visa review. Using the same format as for Japanese national hires can sometimes cause problems in the immigration review process.
The Two Roles of the Notice of Labor Conditions
The notice of labor conditions in a foreign national employment context serves two roles.
The first is its role as a legal obligation under the Labor Standards Act. Employers must provide employees with written notice of working conditions including wages, working hours, and job duties (Labor Standards Act Article 15). This obligation applies regardless of whether the employee is Japanese or foreign.
The second is its role as a judgment document in the visa status review. When applying for a work-type visa status such as Engineer / Specialist in Humanities / International Services, the notice of labor conditions or employment contract is one of the primary documents submitted to the Immigration Services Agency. Examiners use this document to verify the professional nature of the work, the compensation level, and the stability of the employment.
Key Fields That Are Weighted in Visa Status Reviews
Job Duties (Work to Be Performed)
This is the field that examiners pay the most attention to. A single word — "sales," "clerical," "system development" — is not sufficient. You must specifically describe what specialized knowledge is being applied and what type of work is being performed.
Compensation Amount
The ministerial ordinance on visa eligibility standards requires that compensation be at least equivalent to what a Japanese national would receive for the same type of work. Compensation below the minimum wage is obviously a problem, but compensation significantly lower than the market rate for Japanese nationals in the same role will also be flagged in the review.
Employment Contract Period
If the contract is fixed-term, the contract period will influence the period of stay granted. A 1-year contract period, for example, tends to result in a 1-year period of stay. If you intend to employ the person long-term, setting the contract period to "indefinite" makes it more likely that a longer period of stay (3 years or 5 years) will be granted.
Workplace Location
The location must be a place where the work permitted under the visa status is actually performed. If the employee is likely to be transferred frequently, write "any business office within Japan" or similar language to accurately reflect the reality.
Foreign National-Specific Content to Include
The following content — not typically found in notices of labor conditions for Japanese nationals — is recommended for inclusion when hiring foreign nationals.
A Clause Making Employment Conditional on Obtaining Visa Status
It is important to explicitly state that the employment contract will not take effect (or may be rescinded) if the change or acquisition of the required visa status is not approved.
Sample wording: "This agreement shall take effect subject to obtaining permission to reside under a status of residence that permits employment."
For new graduate hires from student visa status, adjust the wording accordingly — for example: "If the change of status of residence is not approved, this agreement shall not take effect."
Treatment if Visa Renewal Is Rejected
Specifying in writing how the situation will be handled if the visa renewal is rejected — including whether employment may continue and the resignation procedure — prevents future disputes.
When There Is On-Site Training or Practical Instruction
If the employee will go through on-site training or practical instruction after joining, clearly state the content, duration, and the timing of the transition to the core job duties after training. The positioning of the training must be clearly defined to prevent the on-site work during training from being judged as the primary duties constituting simple labor.
Consistency Between the Notice of Labor Conditions and Other Application Documents
Multiple documents are submitted simultaneously in a visa status application. If the content of the notice of labor conditions is inconsistent with other documents, it can raise doubts in the examiner's mind.
In particular, verify consistency across the following:
- Job duties: Do they match the job description document and the job duties field in the application form?
- Compensation amount: Does it match the salary field in the application form?
- Employment type and contract period: Do they match the employment status field in the application form?
- Workplace location: Is it consistent with the company's address and registered information?
Providing the Document in Multiple Languages
While providing the notice of labor conditions in a language the foreign national can understand is not a legal obligation, the Ministry of Health, Labour and Welfare's guidelines identify it as something employers should endeavor to do.
If the foreign national employee does not understand the contents, they may be unable to answer the examiner's questions properly during the visa review process, which could result in a rejection. We recommend preparing a version in the employee's native language so that they can accurately understand the terms of their contract.
The Ministry of Health, Labour and Welfare provides model notices of labor conditions in eight languages: English, Chinese, Korean, Portuguese, Spanish, Filipino (Tagalog), Indonesian, and Vietnamese.
Frequently Asked Questions
Q. Should we prepare an employment contract or a notice of labor conditions?
A. For immigration purposes, either is accepted. However, an employment contract is signed by both parties, which has the benefit of clearly documenting the agreed terms. In practice, the most common approach is to issue both a notice of labor conditions (a unilateral notice from the company to the employee) and an employment contract (signed by both parties), or to incorporate the content of the notice into the employment contract.
Q. Is it a problem to write the job duties too broadly?
A. A description so broad that it includes work outside the permitted scope of the visa status can create problems in the review. At the same time, it is necessary to clearly describe the actual scope of work. Describe the primary duties the employee will actually perform — specifically and accurately.
Q. The salary during the probationary period is lower than for regular employment. How should this be written?
A. If the probationary period compensation falls below the level that is at least equivalent to what a Japanese national would receive, it may cause problems in the visa review. It is important to clearly state both the probationary period and the post-probationary compensation separately, and to demonstrate that both are at an appropriate level.
Q. If job duties change, does the notice of labor conditions need to be reissued?
A. If duties change significantly, we recommend preparing a written document reflecting the updated duties. Since the current job duties are reviewed at the time of visa renewal, if the notice of labor conditions differs substantially from the actual situation it can create problems during the renewal review.
Summary
When hiring foreign nationals, the notice of labor conditions is not simply a document for fulfilling a legal obligation — it is a critical document that directly affects the outcome of the visa review.
The key practical points are: describe job duties specifically, set compensation at or above the equivalent level for Japanese nationals, use "indefinite" for the contract period if you intend to employ the person long-term, and include clauses relating to visa status. Verify consistency with all other application documents before submitting.
If you have concerns about preparing the documents, or if you are uncertain whether the content meets the requirements for the visa status, please consult a licensed immigration specialist.
This article is based on official information from the Immigration Services Agency of Japan and the Ministry of Health, Labour and Welfare, as well as practical experience. Review standards and legal details vary depending on individual circumstances. Always verify the latest information on each official website.
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