Introduction
The number of applications for the “Highly Skilled Professional” visa has increased recently, and cases where the details in the employment contract and company rules differ have become common. Such discrepancies can cause problems in the application process or review, so prompt, accurate action is required. This article explains solutions for such cases, based on official government sources like the Immigration Bureau and Ministry of Health, Labour and Welfare.
Basic Requirements for Highly Skilled Professional Applications
The “Highly Skilled Professional” status is granted based on a points system (70+ points), requiring academic, professional, and income criteria. There are several categories (“Type i”: researchers, “Type ii”: technicians, “Type iii”: managers), each requiring accurate documentation of the contract terms, which should reflect the actual rules and conditions.
Why Discrepancies Arise Between Rules and Contracts
Foreign employee cases often see differences between company rules and individual contracts—for example, salary, working hours, and leave policies. The individual employment contract may specify personalized terms, while the company rules only set the general minimums. These discrepancies affect the documentation for applications and recognition of rights and obligations in practice.
Practical Problems and Impacts on Applications
The Immigration Bureau may ask for additional materials or explanations if submitted contracts and company rules do not match. For instance, if the reported salary or working arrangements deviate from company rules, it could disadvantage the applicant. Labor law generally stipulates that the more favorable terms for the worker apply, but in immigration, companies must rigorously justify such differences.
Legal Grounds and Administrative Practices
Key legal references:
- Immigration Control and Refugee Recognition Act: document accuracy
- Labor Standards Act: precedence of more favorable terms for workers if documents differ
- Highly Skilled Points System Guide: criteria for salary determination
The Ministry of Health, Labour and Welfare requires proper notification and management for foreign workers.
Common Solutions
- Identify discrepancies and discuss internally
Compare contracts and rules before applying; document and explain any differences for the foreign employee and internal records. - Standardize documents and supplement explanations
Unify employment contracts and notifications according to the actual conditions, and include a supplementary memo explaining any differences for immigration officers. - Amend documentation if needed
Review and revise either the contract or company rules to resolve inconsistencies, or create new matching documents as needed. - Consult authorities or experts as needed
If resolution is difficult, consult the Labor Standards Office or an administrative scrivener or attorney for correct procedures.
Example
A foreign technician applied while the company rules set annual income at 5 million yen, but the contract stated 5.5 million yen. Because salary certificates and contracts did not match, the company submitted an additional explanation and supporting documents, successfully resolving the issue. Early adjustment of such discrepancies is especially important for points calculation.
Conclusion
When there are differences between employment contracts and company rules during highly skilled professional applications, quickly reconcile the documents, provide supplementary explanations, and cooperate internally to prevent problems. Compliance with the law and official guidance ensures smooth acceptance of foreign talent and maintains the company’s credibility.
