Ａ.There are various points to be noted. However, when changing jobs, please be aware of the type of visa (eligible status of residence)that foreigners possess.

Hi everyone, I am an imigration lawyer(administrative scrivener) at Takadanobaba in Shinjyuku.
Today, we would like to think about the points to be careful when employers change jobs to your company and hire foreigners.

0, above all, pay attention to the type of visa!

The type of visa (eligibility status) in Japan is not determined by the foreigner's-self.

It depends on what job foreigners do in Japan, that is, the content of their work.
(Although the type of residence status varies depending on where he/she works, for example  this is a special case of a teacher, etc.)

So, in general, you have to confirm what kind of visa (eligible status of residence) foreigners coming to work have and then decide to accept them as a transferee.

If you decide to employ the transferee before checking the visa and then confirm the visa (eligibility status), you will be late!

It is mandatory to submit a residence card at the time of the interview, or at the time of sending out the documents for the interview.

If his/her status of residence and work is match, it is not needed to change the visa, and he/she can work immediately. 
Conversely, if the works are not match to the visa, it will be needed to change the status of residence.

Next, I would like to point out for a typical visa (Certificate of Residence) with some notes.

１、In the case of "Engineer / Specialist in Humanities/ International Services"

"Engineer / Specialist in Humanities/ International Services" visa can be said to be a typical working visa. With this visa (eligibility status), it is likely that the previous job of the transferee was a white-collar job type.
So, as long as he/she does a white-collar work in your company, he/she can work as it is.
At this time, he/she can work effectively until the expiration date of the residence card.

For example, there is no problem for those who are designing machines in the factory change their job to as sales to sell the machines.

However, those who did machine design can not do the work of assembling a machine or become a board member of a company without changing the visa.

In particular, if the business of the company is not for white-collar , the visa (eligibility status) may be different, so it is necessary to apply for a change in status of residence. 

(Incidentally, although the management and management is white-collar, the status of residence needs to be changed to become a manager.)

In such a case, it is impossible to work with the original "Engineer / Specialist in Humanities/ International Services".

And it is forbidden to work with wrong type of visa before getting permission of visa changing.

Occasionally, there are situations that a student works in a company without finishing a change of visa from "Student", but strictly speaking, working before permission is a violation of the Immigration Control Act.

If you do not know which visa (Certificate of Residence) falls under your case, it is safer to contact an expert.

In the case of a teacher...

In the case of a teacher, the status of residence changes depending on whether he/she works in a private company or a school.

If he/she works in an English school in a town, your status of residence is "Engineer / Specialist in Humanities/ International Services" because it is a private company.

On the other hand, if he/she works at a school such as elementary, middle or high school, your residence status is "Instructor".
By the way, in the case of a university, the status of residence is "Professor", it is very complex system of Japanese visa.

And the most important case would be for an international school.

In most cases, international schools have not been approved as a school by Japanese government.
Even if it is a school, the status of residence will be the same "Engineer / Specialist in Humanities/ International Services" as a private company.

So one can not work as a teacher at an international school with the same visa for an ordinary school.
The reverse is also true.

As for the task of teaching something, classification is complicated, so it is faster to consult an expert.

２、 In the case of status of residence without working restrictions

Currently, the status of residence without restrictions on employment in Japan is as follows.

Japanese spouses, etc.
Permanent resident
Permanent residents's spouses
Long-term resident

It is these four.

If one has this status of residence, he/she will be able to work for any job, so he/she will have a high degree of freedom in getting a job change.

However, it should be noted that if one has these status of residence, it is possible that the residence card may be counterfeit.

It is good if he/she is an old friend.
However, if he/she is a stranger, be sure to check that the residence card is valid.

This URL（https://lapse-immi.moj.go.jp/ZEC/appl/e0/ZEC2/pages/FZECST011.aspx） is a site for checking by the Ministry of Justice.

If the residence card is counterfeit, it is against the Immigration Act.

If you did not check the resident card, you will get trouble for violation of the Immigration Act.

This check is also essential in the sense of compliance that properly complies with the law in Japan.

Also, you must care whether he/she has a Japanese/Permanent spouse living with his/her or not.

This is also a efficient factor of judging whether the status of residence is valid.
It is not necessary to check positively, but I would like you to have a little interest in "How does he/she live" in a natural conversation.

３、Knowing the penalties

Not only foreigners themselves, but also employers are charged with guilty if they have used foreigners, even if their visa (eligibility status) is incorrect.

The name of the crime is "Illegal labor promotion crime".

The penalties are " imprisonment with work for not more than 3 years or a fine not exceeding 3 million yen, or shall be subject to the cumulative imposition of imprisonment and a fine.".
It is a very heavy penalty.

In addition, if you do not report working foreigners to "Hello Work", you will be fined up to 300,000.

If there is no fault in what you did not know, you will not have the penalty.

If you check the original residence card, or if you check whether the residence card number is valid or not at the site of the Ministry of Justice, it is OK.

Be sure the foreigner to submit the original residence card to you and check these several things.

そして、And heck whether the his/she job is compatible with the visa (eligibility status).

As we have seen above, you must check several things for hiring foreigners who have changed company.

In particular, "Illegal labor promotion crime" is a very serious crime, so if you are anxious, please consult with a specialist.

Please do everything to protect yourselves.