For foreign nationals working in Japan and the entities that employ them, navigating the specifics of permissible work activities under various statuses of residence can be complex. The "Certificate of Authorized Employment" (就労資格証明書 - Shūro Shikaku Shōmeisho), provided for under Article 19-2 of Japan's Immigration Control and Refugee Recognition Act (ICRRA), is a document designed to bring clarity and assurance to this area. This article explores the purpose of this certificate, who can apply for it, the application process, and the significant benefits it offers to both foreign workers and their employers in ensuring compliance and facilitating smooth employment relations.

Purpose and Legislative Background of the Certificate of Authorized Employment

The Certificate of Authorized Employment system was introduced as part of the 1989 amendments to the ICRRA. Its primary objectives are twofold:

1. To Clarify the Scope of Permitted Work Activities: For a foreign national holding a status of residence that permits work, this certificate explicitly details the scope of remunerative activities they are authorized to engage in. While a Residence Card indicates the general status of residence (e.g., "Engineer/Specialist in Humanities/International Services"), it may not always specify the precise range of job duties covered. The Certificate of Authorized Employment provides this more granular level of detail.
2. To Prevent Unlawful Employment and Facilitate Smooth Employment: By providing clear documentation of authorized work, the certificate helps employers verify that they are hiring a foreign national for activities within their permitted scope, thereby reducing the risk of inadvertently engaging in or facilitating unlawful employment (不法就労助長 - fuhō shūrō jochō). This contributes to the overall stability and legitimacy of foreign employment in Japan[cite: 1, 205].

The certificate is issued by the Minister of Justice (delegated to regional immigration authorities) upon application by a foreign national residing in Japan. It is important to note that applying for this certificate is generally voluntary for the foreign national.

What the Certificate Certifies

According to Article 19-2, Paragraph 1 of the ICRRA:
"The Minister of Justice may, upon application from a foreign national residing in Japan, issue a document which certifies the activities involving the management of a business involving income or the activities for which he/she receives remuneration that said foreign national is permitted to engage in."

The key information certified by this document is the specific content of the work activities that the foreign national is authorized to perform under their current status of residence and period of stay. This can be particularly useful in situations where:

• The job description is complex or spans multiple fields.
• The foreign national is changing employers (転職 - tenshoku) within the same status of residence, and the new employer seeks confirmation that the new role is permissible.
• The foreign national holds a status like "Specified Activities" (特定活動 - tokutei katsudō), where the range of permitted activities is individually designated by the Minister of Justice and may not be immediately apparent from the Residence Card alone.

The certificate typically includes the holder's name, nationality, status of residence, period of stay, and a description of the authorized remunerative activities.

The Application Process

While the ICRRA itself provides the legal basis, the detailed procedures for applying for a Certificate of Authorized Employment are set out in Ministry of Justice Ordinances (specifically, the Enforcement Regulations of the ICRRA).

• Eligibility to Apply: Any foreign national residing in Japan who holds a status of residence that permits remunerative activities can apply. This primarily includes those with work-related statuses under Appended Table I of the ICRRA (e.g., "Engineer/Specialist in Humanities/International Services," "Intra-company Transferee," "Skilled Labor," "Business Manager," etc.) and those with status-based G (Appended Table II) like "Spouse or Child of Japanese National," "Long-Term Resident," or "Permanent Resident" who wish to have their authorized work scope formally certified.
• Application Timing: An application can typically be made at any time after the foreign national has acquired a status of residence permitting work. It is often sought when:
  • Starting a new job.
  • Changing employers or job responsibilities.
  • An employer requests it for their compliance records.
• Required Documents: While specific documents may vary, common requirements include:
  • Application form.
  • Passport and Residence Card.
  • Documents detailing the intended or current employment (e.g., employment contract, letter from the employer describing job duties).
  • Materials that help define the scope of work, such as company brochures or organizational charts.
• Application Venue: Applications are generally submitted to the regional immigration bureau that has jurisdiction over the applicant's place of residence or work.
• Fee: A processing fee is usually required.
• Processing Time: The time it takes to issue the certificate can vary depending on the complexity of the case and the workload of the immigration bureau.

Benefits for Foreign Workers

For foreign nationals, obtaining a Certificate of Authorized Employment offers several advantages:

1. Clarity and Peace of Mind: It provides an official document clearly defining the scope of their authorized work activities. This can alleviate concerns about inadvertently engaging in activities outside their permitted range.
2. Facilitating Employment and Job Changes: When seeking new employment or changing job roles, presenting this certificate to a prospective employer can demonstrate their eligibility to perform the specific tasks required, potentially speeding up the hiring process.
3. Preventing Misunderstandings with Employers: It can help avoid disputes or misunderstandings with employers regarding the scope of permissible work.
4. Evidence of Work Authorization: While the Residence Card also indicates work permissibility to some extent (e.g., "Work Permitted" or "Work Not Permitted" notations, or the specific status itself), the Certificate of Authorized Employment offers more detailed and explicit confirmation directly related to their job content.

Benefits and Considerations for Employers

For employers, the Certificate of Authorized Employment is a valuable tool for compliance and risk management:

1. Preventing Unlawful Employment: It provides a reliable means for employers to verify that a foreign national they intend to hire or are currently employing is authorized to engage in the specific type of work offered. This helps employers avoid penalties associated with "promoting illegal employment" under Article 73-2 of the ICRRA. While employers are generally obligated to check a foreign national's Residence Card to confirm their work eligibility, the Certificate of Authorized Employment offers more specific assurance regarding the nature of the work.
2. Streamlining Hiring and HR Processes: Having this certificate can simplify the due diligence process for HR departments when hiring or managing foreign employees.
3. Demonstrating Compliance: In the event of an audit or inquiry by immigration authorities, possessing copies of such certificates for foreign employees can demonstrate the employer's efforts to comply with immigration laws.

Prohibition of Disadvantageous Treatment (Article 19-2, Paragraph 2)

It is crucial for employers to be aware of Article 19-2, Paragraph 2 of the ICRRA, which states:
"No business operator or any other person who intends to employ a foreign national shall, in connection with the employment of said foreign national, treat said foreign national disadvantageously on the grounds that he/she does not present a certificate of authorized employment." [cite: 1, 206]

This provision exists because obtaining the certificate is voluntary for the foreign national. Employers cannot refuse to hire or otherwise penalize a foreign national solely because they do not possess or present this specific certificate.

However, this does not absolve employers of their general responsibility to ensure they are not employing someone illegally. Employers are still expected to verify a foreign national's work authorization through other means, primarily by checking their Residence Card (which indicates the status of residence and often has a notation regarding general work permission or restrictions) and, if necessary, seeking clarification from immigration authorities or advising the prospective employee to obtain a Certificate of Authorized Employment if there is ambiguity about the permissible scope of work. The prohibition on disadvantageous treatment is about not penalizing the non-presentation of this optional certificate, not about ignoring the fundamental requirement to verify work eligibility.

Certificate of Authorized Employment vs. Residence Card

It's useful to differentiate the Certificate of Authorized Employment from the Residence Card (在留カード - zairyū kādo):

• Residence Card: Issued to all mid- to long-term foreign residents in Japan. It serves as a general identification document and indicates the holder's status of residence, period of stay, and often a general indication of whether work is permitted or restricted. For some statuses (e.g., "Permanent Resident," "Spouse of Japanese National"), work is generally unrestricted. For others (e.g., "Student," "Dependent"), work is generally not permitted unless separate permission (like a comprehensive part-time work permit) is obtained, which may be noted on or associated with the card. For specific work statuses, the card will show the status (e.g., "Engineer/Specialist in Humanities/International Services"), implying work authorization within that category.
• Certificate of Authorized Employment: This is a supplementary, optional document specifically applied for by a foreign national. Its primary purpose is to provide a more detailed and official certification from the Minister of Justice regarding the specific types of remunerative activities the individual is permitted to undertake under their current status of residence. It is particularly useful when the general description of a work-related status on the Residence Card might not fully capture the nuances of a particular job, or when an employer seeks explicit confirmation.

While the Residence Card is a mandatory document for mid- to long-term residents to carry, the Certificate of Authorized Employment is not.

Conclusion

The Certificate of Authorized Employment (Shūro Shikaku Shōmeisho) is an important, albeit voluntary, document within Japan's immigration framework. It offers significant benefits by providing clear, official confirmation of the scope of remunerative activities a foreign national is permitted to engage in under their status of residence. For foreign workers, it offers clarity and can facilitate employment transitions. For employers, it serves as a valuable tool for ensuring compliance with immigration laws and mitigating the risks of unlawful employment. While employers cannot demand this certificate or treat an individual disadvantageously for not presenting it, understanding its utility can foster more transparent and legally sound employment practices for foreign nationals in Japan.