Introduction

For employers of Specified Skilled Worker visa holders or applicants planning for renewal, a common concern is whether renewal will be denied if actual working conditions differ from the employment contract. This blog discusses renewal requirements for the Specified Skilled Worker visa and the impact of discrepancies between contract and workplace reality, based on official information.

Required Employment Contract Content for Renewal

At the time of renewal, the most recent employment contract or statement of working conditions must be submitted. The following are key points checked during review:

• Working conditions must be equal to or better than those for Japanese employees
• Contract must clearly specify hours, holidays, wages, job description, and place of employment
• Proper enrollment in social and labor insurance
• Appropriateness of contract period (generally 1 year, max 5 years)
• Compliance with relevant laws and regulations

These requirements are explicitly stated by the Immigration Services Agency of Japan and the Ministry of Health, Labour and Welfare.

Impact When Reality Differs From the Contract

If discrepancies exist between the contract and reality, several risks arise:

• If there are inconsistencies between the submitted documents and actual payslips, attendance, or insurance records, additional investigation will be triggered.
• If the difference indicates clear legal violations (unfair treatment, lack of social insurance, etc.), renewal will generally be denied.
• Minor clerical errors or unintentional mistakes may be resolved through correction, but intentional or serious violations are likely to result in denial.

Example

Example: Mr. A had a contract stating “200,000 yen/month, 2 days off per week,” but actually worked for “180,000 yen/month, 1 day off per week.” Such discrepancies are likely to be caught at renewal, resulting in a detailed investigation, required improvements, or denial of renewal.

Main Reasons for Renewal Denial

• Clear mismatch between contract and actual working conditions
• Not enrolled in social or labor insurance
• Legal violations by the visa holder or employer
• Failure to fulfill required tax or reporting obligations

How to Avoid Problems

• If working conditions change, always execute a new contract in writing and keep records
• Keep accurate payslips, attendance, and insurance documents
• If anything is unclear, consult an administrative scrivener or expert promptly

Conclusion

If there are significant discrepancies between the employment contract and actual working conditions, renewal of the Specified Skilled Worker visa will generally not be approved. It is essential to manage and document contracts and working conditions accurately. If there are concerns, consult a specialist early to avoid trouble and minimize the risk of denial.