Japan's guideline on employing foreign workers was revised in 2026: what changes and when
Employers of foreign workers in Japan have a government guideline to follow on employment management of foreign workers, issued by the Ministry of Health, Labour and Welfare (MHLW) under the Act on Comprehensive Promotion of Labor Policies. It covers everything from recruiting to the day someone leaves. It was revised on May 29, 2026 (MHLW Notice No. 227), the changes apply in three stages, and some are already in force. Here is what changed and what the guideline has always asked of employers.
Where the guideline comes from
Article 7 of the Act on Comprehensive Promotion of Labor Policies (in Japanese) asks employers to work to improve employment management so foreign employees can use their abilities, and to help foreign employees find new work if they lose their job for reasons that are not their fault. Article 8 tells the ministry to set out the details, and that is the guideline (in Japanese). It opens by stating that labor standards, minimum wage and social insurance laws apply to foreign workers regardless of nationality.
The 2026 revision: what changes and when
The supplementary provisions of the revision set three dates. Based on the summary the ministry gave its advisory council (in Japanese), the main changes are as follows.
From June 14, 2026, the guideline states employers' duties and that letting someone work illegally can bring penalties under the Immigration Control Act. It also states that the equal pay guidelines apply to part time, fixed term and dispatched foreign workers. New items ask employers to support Japanese study for foreign workers and their families and to give training that takes Japanese ability into account. The guideline now notes that failing to file the foreign employment report can bring penalties, and that residence cards should be checked, with the employee's consent, using the ISA card reader app against what is printed on the card.
From October 1, 2026, when an employer hires a foreign worker as a part time, fixed term or dispatched employee, it must tell them in writing (or in a similar way) that they can ask for an explanation of how their treatment differs from regular employees and why.
From April 1, 2027, rules for the new Employment for Skill Development system apply. The supervising organization (or the employer, in the single company type) covers return travel costs, and fees paid to sending agencies must not be unreasonably high. Some items are also removed from the foreign employment report.
For more on the report and on checking cards, see our articles on the foreign employment report and the new residence card format.
What the guideline asks, from hiring to leaving
Beyond the revision, the guideline is full of points that affect daily HR work. Some are written as things employers must do and some as things they should make an effort to do. Both are a practical standard for avoiding trouble.
- When recruiting, give the job content, contract period, workplace, working hours, wages and social insurance coverage in writing, and try to explain them in the person's native language or plain Japanese. When recruiting people who live abroad, try to make clear in advance who pays for travel to Japan and back, and how housing will be arranged.
- Do not set different wages, hours or other conditions because of nationality. When explaining wages, try to cover tax, social insurance and any deductions under a labor management agreement, so the employee knows what they will actually take home. If meals or housing are deducted from pay, the amounts should reflect actual costs and not be unreasonable.
- Do not keep employees' passports or residence cards.
- Give safety and health training in a way the person understands, such as in their native language or with audiovisual materials. Try to make safety signs clear with pictures.
- Enroll eligible employees in social insurance, and for those going home, try to explain the pension lump sum withdrawal together with its effect on a future pension.
- Work on translating internal rules, setting up a place to raise concerns, supporting Japanese study and accommodating leave for trips home.
- Avoid easy dismissals and non renewals, and help people who lose their job for company reasons find new work if they want it.
Ten or more foreign workers: appoint an employment manager
Section 6 of the guideline says that an employer who regularly employs 10 or more foreign workers should appoint a person such as the HR manager as the employment manager for foreign workers, responsible for the matters in the guideline. For a factory or warehouse where the number of foreign staff has grown, deciding who that person is comes first. The MHLW runs a training course for these managers (in Japanese); the schedule for fiscal 2026 will be posted once it is set.
Missing the report can mean a fine
One point the revision now spells out: if an employer does not file the report to Hello Work when hiring or losing a foreign employee (Article 28 of the Act), or files a false report, Article 50 of the Act provides for a fine of up to 300,000 yen. The guideline itself is a standard of conduct, but the legal duties behind it carry penalties.
As a dispatching employer, Sincero Global explains working conditions and social insurance to the foreign employees we dispatch in a language they understand. If you are building a hiring setup for direct hires, or need help explaining things in several languages, reach us by phone at +81 90 7841 8887, by email at info@sinceroglobal.jp, or on LINE.
