Hello. I'm Inada from IMS Legal Professional Corporation. The Immigration Control Act stipulates that mid- to long-term residents--that is, foreigners residing in Japan who have been issued a residence card--are required to submit notifications regarding their place of residence and affiliated organization. However, there are also provisions regarding notifications made by the organization accepting these mid- to long-term residents. In this article, I would like to deepen the understanding of notifications required by affiliated organization.
Notification by the foreign national is "mandatory," but what about the notification made by the affiliated organization?
Notifications made by foreign nationals regarding the affiliated organization, and notification by the affiliated organization, are stipulated in Article 19, paragraphs 16 and 17 of the Immigration Control Act, respectively.
(Notification Concerning the Affiliated Institution, etc.) Article 19-16. When a mid to long-term resident residing in Japan with any of the following statuses of residence occurs according to the category of the status of residence, he/she must notify the Commissioner of the Immigration Services Agency of the occurrence of that occurrence and of the particulars specified by Ministry of Justice Ordinance, in accordance with the procedures specified by Ministry of Justice Ordinance, within 14 days from the day on which that occurrence occurs.
Immigration Control Act Article 19 Paragraph 16
(Notification by Affiliated Institutions) Article 19-17
Immigration Control Act Article 19 Paragraph 17
Public or private institutions in Japan and other institutions specified by Ministry of Justice ordinances that accept mid- to long-term residents residing with the status of residence in Appended Table 1 [excluding specified skilled worker affiliation institutions specified in paragraph 1 of the following Article and employers that must submit notifications pursuant to the provisions of Article 28, paragraph 1 of the Act on Comprehensive Promotion of Labor Measures and Stabilization of Employment and Enhancement of Working Lives of Workers (Act No. 132 of 1966)] must endeavor to notify the Commissioner of the Immigration Services Agency of the start and end of the acceptance of the mid- to long-term resident and other matters related to the status of acceptance, as specified by Ministry of Justice ordinances.
First, if we look at the end of each article, we can see that foreign nationals "must notify", while the affiliated organization must "endeavor" to make the notification.
Furthermore, we can see that there are some employers who are excluded from the "obligation to make an effort" for affiliated organizations, as underlined. One is an organization that accepts foreign nationals with the residence status of "specified skilled workers", and the obligation to notify is stipulated in Article 19-18 of the Immigration Control Act. The other is an employer that is required to "notify the employment status of foreign nationals" to the Ministry of Health, Labor and Welfare, so the obligation to notify is stipulated in a different law for organizations that employ foreign nationals.
If we exclude these, only a few organizations are subject to only the "obligation to make an effort". This includes organizations that accept foreign nationals as executives through a contract of commission, and organizations that accept people with the residence status of "trainee" or "study abroad".
The purpose of requesting notification from both the individual and the affiliated organization
Although there is a difference between an obligation and making best efforts, the purpose of requesting notification from both the individual and the affiliated organization is to ensure the accuracy of the information by cross-checking the information from both.
The law that stipulates the obligation to notify the Minister of Health, Labor and Welfare (Labor Policy Comprehensive Promotion Act) also clearly states that information will be provided when requested to confirm matters related to the residence of foreigners in relation to the administrative procedures stipulated in the Immigration Control Act, and the Immigration Services Agency can also use information from the Ministry of Health, Labor and Welfare for this purpose. For example, there are cases where the Immigration Services Agency learns from information from the Ministry of Health, Labor and Welfare that a foreigner has not fulfilled their notification obligation.
Failure to make an effort
Although there are no penalties for violators of the obligation to make "best efforts" to report, organizations that have neglected to make an effort to report may be subject to careful screening, such as by confirming the facts when applying for renewal of the period of stay of their foreign nationals. For educational institutions that accept a large number of international students, the administrative work required to properly report may become cumbersome, but even if organizations must endeavor to notify, it is necessary to do so properly in order to ensure smooth screening in the future.
References
- 出入国管理及び難民認定法 | e-Gov 法令検索 (Immigration Control and Refugee Recognition Act | e-Gov Law Search)
- 所属機関による届出手続 | 出入国在留管理庁 (Notification procedures by affiliated institutions | Immigration Services Agency)
- 「外国人雇用状況の届出」について ｜厚生労働省 (About "Notification of employment status of foreign nationals" | Ministry of Health, Labor and Welfare)
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