To foreigners who are fired and looking for new jobs

2020-06-15 LIFE , VISA , WORK
Living in JAPAN JOBS
Living in JAPAN JOBS

この投稿は 日本語 でもお読みいただけます

The increasing number of companies are considering the downsizing business and layoffs, due to the business deterioration caused by the COVID-19 pandemic and the state of emergency. As a result, the number of foreigners who have been fired and are looking for new jobs are also increasing.

You have to be well aware of your “Status of Residence (so-called VISA)” when you are dismissed. We’d like to explain here the procedure and points to take into consideration in regard to being fired and searching for a new position.

What necessary things are when you are fired

For status of residence of “Engineer/Specialist in Humanities/International Services” or “Skilled Labor”

Within 14 days of the expiration date of the employment contract, the “Notification of The Contracting organization” must be filed with the regional immigration bureau in your area to notify your resignation from work. (“Notification of The Accepting organization” for some status of residence.)

“Technical Intern Training ” status

Within 14 days of the termination date of your contract, you are required to file the “Notification of The Accepting organization” through the Supervising Body. You must confirm this with the training provider or the supervising body.

“Specified Skilled Worker” status

Within 14days of your dismissal date, you are required to report the termination of your contract by filing the “Notification of The Contracting organization” at the regional immigration bureau.

“Part time workers of foreign students and other status (including permanent residents and spouse of Japanese, spouse of permanent resident and long-term resident)

It is not necessary to report to the regional immigration bureau.

What you have to be aware of during searching a new job

You are able to search a new job until the expiration of your current staying permit in case of the termination or lay-off due to the employer reason (except the Technical Internship status). Also, you are allowed to work for 28 hours per week if you obtain a permit called “permit to engage in activity other than that permitted under the residency status previously granted”.

In case when you can not find another job before the expiration of your staying permit, you may be able to obtain an extension by applying the change of your status to the “Designated Activities (Job hunting)” to the regional immigration bureau. You will be granted a 6 month extension (may be re-extended if necessary). If you obtain the permit to engage in activity other than that permitted under the residency status previously granted, you can continue to work as a part time up to 28 hours per week.

What you have to be aware of when deciding your new job

Each status of residence specifies the kind of work you can and cannot engage. Therefore, you should seek a job permitted under your current status.

When you find a job in these areas, you must submit “Notification of The Contracting organization” or “Notification of The Accepting organization” to the regional immigration bureau within 14 days of consummation of the employment contract to report the beginning of your work.

There are cases where you better confirm that the new job at the new company is permitted your status of residence. It is recommendable to consult with the employer to apply for the issuance of the “Certificate of Authorized Employment” to confirm your eligibility.

When the job searching period shall be prolonged and your status has been changed to the “Designated Activities (Job hunting)”, you are required to change the status.

If you cannot find reemployment under your current status of residence

In case you can find a job within the following 14 special skills, you including the technical interns are able to work for up to one year by changing your status to the “Designated Activities” status with the purpose of learning the “technical skills.” (Some exceptions apply to manufacturing industry.)

The 14 special skills under “Specified Skilled Worker”

They are Nursing Care, Building cleaning Management, Machine Parts & Tooling Industries, Industrial machinery industry, Electric/Electronics and Information Industries, Construction Industry, Shipbuilding and Ship Machinery Industry, Automobile repair and maintenance, Aviation Industry, Accommodation Industry, Agriculture, Fishery and Aquaculture, Manufacture of food and beverages, Food service industry.

For example, a technical intern who has been working at a construction company may be able to engage in farming work.

Immigration Services Agency is creating new rules to support foreigners in trouble, such as “can’t go back to my country”, relating to status of residence. Please feel free to consult with specialists like us.

This article in Japanese by Immigration Lawyer Yumiko Kasama (Gyoseishoshi Kasama Yumiko Office)

Profile

Deputy Director of the International section of Kanagawa Administrative Lawyers Association (Kanagawa-Ken Gyoseishoshikai)
After engaging in the support of developing countries in Asia, Africa, and Central and South America as part of international humanitarian aid NGOs, she changed her life course, and became an immigration lawyer to support foreign nationals in Japan. In addition to supporting foreign nationals with their residence status (visa) or nationality procedures, she provides consultations to small- and medium-sized companies on utilization of human resources from overseas countries.
As an immigration lawyer who is specialist on residence status/nationality, she provides legal support regardless of country or visa type. She likes to tackle with difficult cases under special circumstances, and she is actively challenging on procedures of special type of visa such as “Technical Intern Trainee” and “Specified Skilled Worker” etc.

  • Civil member of Human Rights Policy Promotion Council at Kawasaki City Civic Cultural Rights/Gender Equality Participation Department
  • Member of Professional Group for supporting companies on employment of foreigners at Kawasaki Chamber of Commerce and Industry
  • Management Consultant (employment of foreigners) at Kawasaki Institute of Industrial promotion
  • Volunteer of Kawasaki International Association
  • Coordinator of research on Specified Skilled Worker visa at Kanagawa Federation of Small Business Associations
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