Introduction

When applying for a work visa under the “Skilled Labor” status of residence, the employment contract plays a crucial role in the immigration examination. If the contract is vague, inconsistent, or does not meet the legal and immigration requirements, this alone can trigger a denial or a request for additional documents. This article explains, in an easy-to-understand manner, the key points to check in employment contracts for “Skilled Labor” applications, referring to information from public authorities.

What Is the “Skilled Labor” Status of Residence?

According to the Ministry of Justice and the Ministry of Foreign Affairs, the “Skilled Labor” status of residence is designed for foreign nationals engaged in work requiring industrial techniques that are difficult to be filled by workers in Japan. In the English materials of the Ministry of Foreign Affairs, it is referred to as “Skilled Labor,” and typical examples include cooks of foreign cuisine, chefs, jewelers, precious metal artisans, sports instructors, and pilots. These occupations generally require several years of work experience or qualifications and are clearly distinguished from simple labor.

In applications for Certificates of Eligibility or for change of status, the employment contract is a central document demonstrating “what skilled work the foreign national will perform under what conditions,” and it is closely reviewed by the immigration authority. Therefore, not only the existence but also the consistency and specificity of its contents are extremely important.

Mandatory Basic Items in Employment Contracts

Under Japan’s Labor Standards Act, as explained by the Ministry of Health, Labour and Welfare, employers must clearly indicate working conditions when concluding labor contracts, and certain important items must be provided in writing. Typical mandatory items include the following.

• Contract period (fixed term or indefinite, whether renewable)​
• Place of work and job duties​
• Starting and ending time of work, breaks, days off, holidays, and overtime work
• Wages (amount, calculation method, payment method, closing and payment dates)​
• Matters concerning resignation and dismissal (grounds and procedures)​

These obligations apply equally to Japanese and foreign workers, and the same standards are expected in cases involving the “Skilled Labor” status of residence. If the contract or written notice of working conditions is insufficient for a foreign worker, it may be regarded as “unclear working conditions” or a “possible violation of the Labor Standards Act,” which can adversely affect the visa examination.

How Immigration Examines Employment Conditions for Skilled Labor

Through the employment contract, the immigration authority examines whether the foreign national can work lawfully and stably under appropriate conditions. The following aspects, among others, are considered important.

• Wages equivalent to or higher than Japanese employees
  In other statuses of residence such as “Specified Skilled Worker,” legal materials clearly require that foreign workers receive treatment equivalent to or better than Japanese workers, and this principle is also relevant to Skilled Labor. If the salary is significantly lower than that of Japanese workers performing the same job, it may not be considered appropriate employment.
• Job duties fit the scope of “Skilled Labor”
  The job description in the contract must correspond to the high-level, specialized skills accepted under the “Skilled Labor” status. If it mainly lists simple or general tasks, or if it overuses vague wording such as “other miscellaneous duties,” immigration may doubt whether the hiring is truly for a skilled position or for simple labor.
• Working hours and holidays comply with the Labor Standards Act
  If the contract provides for excessively long working hours, insufficient days off, or problematic treatment of late-night work, it may suggest non-compliance with the Labor Standards Act and negatively impact the examination. For example, clauses implying unpaid overtime or overly broad fixed overtime systems require careful attention.

Typical Contract Issues That May Lead to Denial

Below are fictitious examples illustrating patterns that often cause problems in “Skilled Labor” visa applications.

• Case 1: Vague or inconsistent job description
  Suppose a restaurant intends to hire a French cuisine chef, but the contract states job duties as “all restaurant operations including hall service, purchasing, cleaning, and any other duties as requested.” In that case, immigration may interpret that general service work or miscellaneous tasks, rather than skilled cooking, constitute the main duties. This may trigger doubts about whether the position truly requires a skilled worker and may increase the risk of denial.
• Case 2: Unreasonably low wage level
  If the foreign chef’s base salary is noticeably lower than that of Japanese chefs in the same workplace, or if the effective wage after considering overtime falls below reasonable or statutory levels, it may not satisfy the “treatment equivalent to or better than Japanese workers” standard. In such cases, immigration may request explanations or supporting documents, and the likelihood of denial increases.
• Case 3: Omission or inconsistency in working conditions
  If the contract period or work location is described differently in different sections of the contract, or if the terms conflict with the work rules or other internal regulations, the credibility of the documents may be compromised. Moreover, if items that must be specified in writing under the Labor Standards Act are missing, immigration may suspect a potential violation of labor law and evaluate the application negatively.

Checklist to Prevent Deficiencies

To reduce the risk of denial in “Skilled Labor” applications, it is advisable to review and prepare the employment contract using the following checklist.

• Do the job duties in the contract clearly and specifically fit the work permitted under the “Skilled Labor” status of residence?
• Are all mandatory items under the Labor Standards Act, such as contract period, place of work, working hours, holidays, wages, and conditions of resignation/dismissal, properly stated in writing?
• Is the wage level explainable as being equivalent to or higher than that of Japanese workers engaged in the same type of work?
• Is broad wording such as “other duties as assigned” used in a manner that does not undermine the specialized nature of the skilled work?
• Are dismissal clauses and similar provisions drafted in compliance with labor laws and not excessively one-sided?​
• Can the foreign worker adequately understand the contract, for example through bilingual (Japanese and English or other language) versions and clearly signed consent?

In addition, it is common practice in contracts with foreign workers to include a clause stating that the effectiveness of the contract is subject to the foreign worker obtaining the appropriate status of residence, which helps manage the risk in case the visa is not granted.​

Conclusion

For the “Skilled Labor” status of residence, the employment contract must satisfy requirements such as specialized skilled duties, treatment equivalent to Japanese workers, and compliance with the Labor Standards Act, all of which significantly affect the examination outcome. Vague job descriptions, unnaturally low wage levels, or insufficiently documented working conditions can increase the risk of denial or prolonged examination. Before filing the application, employers and foreign workers should carefully compare the status-of-residence requirements with the contents of the contract and, where necessary, consult a professional to ensure proper preparation.

This article provides general information based on publicly available sources. For specific cases, it is advisable to consult experts using up-to-date laws, guidelines, and the particular circumstances of each case.