How far must working conditions be stated to foreign workers in their native language?
Joji Uramatsu
Shakai Hoken Roumushi (Certified Social Insurance and Labor Consultant), Gyoseishoshi (Certified Administrative Procedures Legal Specialist), Registered Real Estate Transaction Specialist — 四葉社会保険労務士事務所/四葉行政書士事務所
Stating working conditions is itself a duty under Article 15, paragraph 1 of the Labour Standards Act, but the article does not specify a language, so delivering a Japanese-only notice can satisfy the legal duty of statement. However, the guideline for the proper treatment of foreign workers (Ministry of Health, Labour and Welfare Notification No. 276 of 2007) asks employers to endeavour to state the conditions in a way the worker can understand, using the native language or plain Japanese. The duty is in two tiers; the practical move is to use the foreign-language version of the model notice and to leave a record that it was delivered and understood.
In short: Stating working conditions is itself a duty under Article 15, paragraph 1 of the Labour Standards Act, but the article does not specify a language, so delivering a Japanese-only notice can satisfy the "legal statement." However, the guideline for the proper treatment of foreign workers (Ministry of Health, Labour and Welfare Notification No. 276 of 2007) asks employers to endeavour to state the conditions using the native language or plain Japanese so that the worker can understand. Grasp that the duty is in two tiers, and use the foreign-language model notice to leave a record that it was "delivered and understood."
May a working-conditions notice be given to a foreign worker in Japanese only?
Start by separating the framework. When concluding a labour contract, an employer must state the wages, working hours and other working conditions (Labour Standards Act, Article 15, paragraph 1; the matters to be stated are set by Article 5 of the Ordinance for Enforcement of the Labour Standards Act). This provision sets what must be stated, but does not specify in which language. Accordingly, delivering a working-conditions notice in Japanese is not in itself unlawful.
On the other hand, a separate norm overlaps for the employment of foreigners. The "Guideline for employers to properly respond regarding the improvement of employment management of foreign workers" (Ministry of Health, Labour and Welfare Notification No. 276 of 3 August 2007) asks employers to endeavour to state the working conditions in a way the foreign worker can understand — using the native language or plain Japanese. Here it is "endeavour" — an effort duty.
In other words, the duty is in two tiers.
| What | Basis | Level of duty |
|---|---|---|
| To state the working conditions | Labour Standards Act, Article 15(1); Ordinance Article 5 | Legal duty (the same even if the worker is foreign) |
| The language/method of statement (native language, plain Japanese, etc.) | The guideline for foreign workers (Notification No. 276) | Effort duty |
Reading it as "Japanese is enough" drops the effort-duty part. Conversely, reading it as "it is unlawful unless in the native language" is not accurate either. The practical knack is to satisfy the legal duty and, on top of that, to exhaust an understandable method as the effort duty, leaving evidence that avoids a later "I never heard that."
What did the April 2024 amendment add, and where does it bite in foreign employment?
From April 2024, the matters to be stated were added to (amendment of Article 5 of the Ordinance for Enforcement of the Labour Standards Act, Ministry of Health, Labour and Welfare Ordinance No. 39 of 2023, in force 1 April 2024). For all workers, you state "the scope of changes to the place of work and duties"; for fixed-term workers, you additionally state the "renewal cap," the "conversion application opportunity," and the "working conditions after conversion." The full picture of the amendment is organised in how did the working-conditions notice rules change?.
This amendment bites especially in foreign employment, because many foreign workers — technical intern trainees, specified skilled workers, students working part-time — work on fixed-term contracts. The three fixed-term items relate not only at conclusion but at each renewal. That means more occasions to re-explain the renewal cap and open-ended conversion in an understandable language.
- Renewal cap: the worker must understand "renewals up to a total of X years" as something separate from the renewal of the residence status. The relationship between the residence period and the contract period is organised in which expires first, the residence period or the contract term.
- Conversion application opportunity: the notice that "you can apply for open-ended conversion once the total exceeds five years" is hard to convey across a language barrier.
- Scope of changes to place of work and duties: unless the possibility of reassignment is shown accurately in the native language, later transfers lead to misunderstanding.
Merely handing over the same template in Japanese as for Japanese workers conveys the added items least well. The point is to confirm that the fields for the added items are reflected in the foreign-language version.
On what basis, and how far, do you respond when showing it in the native language or plain Japanese?
The basis is the foreign-worker guideline (an effort duty). "How far" has no single correct answer, since it is an effort duty. In practice, building the response in the following order avoids excess or shortfall.
- Use the foreign-language version of the Ministry's model working-conditions notice. The Ministry of Health, Labour and Welfare publishes a model form in English, Chinese, Vietnamese and other languages (confirmed 31 August 2026). Use the latest version reflecting the added matters.
- Deliver the native-language version together with the Japanese version. With only the native-language version, interpretation can split over which version has legal effect. Deliver both, and confirm that the contents correspond.
- Leave a record of "understanding." Recording that a read-through was done and questions were taken prevents a later discrepancy. Because the law does not guarantee the accuracy of a translation, handle the wording of technical terms (open-ended conversion, scope of changes) carefully.
Even when showing it in plain Japanese, the added items are abstract and hard to convey, so adding concrete examples is the practical move. The statement in a job advertisement shown at the recruitment stage (Employment Security Act) is likewise required to be made in an understandable way; its relationship with the statement at hiring is organised in what must be written in a job advertisement.
Whether or not a translated version was handed over, it is meaningless if the notice diverges from the work rules and the employment contract. For multilingual handling, "consistency with reality" comes before "translation."
Where do the application/change of residence status and the statement of working conditions divide?
When you hire one foreign worker, separate procedures for residence status, labour and social insurance, and housing move at the same time. The whole picture is organised in how many windows do you need to hire one foreign worker. The assignment divides by the nature of the procedure.
| Procedure | In charge |
|---|---|
| Application/change/renewal of residence status (drafting and submission of documents to immigration) | Gyoseishoshi (四葉行政書士事務所) |
| Statement of working conditions, enrolment and notification for labour and social insurance, work rules | Shakai Hoken Roumushi (our office) |
| Notification of the employment status of a foreign worker at hiring/separation | The employer's duty; a Shakai Hoken Roumushi can act as agent |
The statement of working conditions is a labour procedure done after confirming that the residence status permits work, and is the domain of the Shakai Hoken Roumushi. Obtaining or changing the residence status itself is the domain of the Gyoseishoshi, a separate business from our office. Notification to Hello Work after hiring is organised in when you hire a foreign worker, notify Hello Work.
Whom should you consult when insufficient statement becomes a problem?
That the statement was insufficient is, first, dealt with as a labour matter — by cross-checking the notice, the employment contract and the work rules, and putting the going-forward operation in order. This is a scope a Shakai Hoken Roumushi can support.
On the other hand, if it becomes an individual dispute — "I suffered a disadvantage under a condition I never heard of," "the non-renewal or reassignment is void" — the judgment of its validity, and the negotiation or litigation, are the domain of a lawyer. This article is limited to introducing the framework of the system and does not judge individual permissibility. For matters with a dispute nature, we point you to a consultation with a lawyer.
To prevent trouble, deciding the foreign-language template and the operation of statement at each renewal before hiring is what bites most.
Frequently asked questions
Q. If I give the working-conditions notice in Japanese only, is that in itself unlawful?
A. Stating the working conditions is itself a duty under Article 15(1) of the Labour Standards Act, but since the article does not specify a language, stating them in Japanese is not in itself unlawful. However, the foreign-worker guideline (Notification No. 276) asks employers to endeavour to state them in an understandable way using the native language or plain Japanese, which is an effort duty. To prevent trouble, the practical move is to deliver a foreign-language version as well.
Q. If the native-language version and the Japanese version differ, which prevails?
A. Generally this becomes an interpretive question of which document set the working conditions, and the answer varies with the circumstances. That is precisely why it is important to make the native-language and Japanese versions correspond and to confirm the accuracy of the translation. A dispute over the effect of a particular document is one we point to a consultation with a lawyer.
Q. If I explain it orally in plain Japanese, is a written document unnecessary?
A. Of the matters to be stated, the principal items set by Article 5 of the Ordinance are, in principle, stated by delivery of a written document (or, where the worker so wishes, by facsimile or e-mail). An oral explanation is a supplement that aids understanding and cannot replace delivery of the document. Explanation in plain Japanese is done to confirm understanding after the document has been delivered.
Q. Can I ask a Shakai Hoken Roumushi for the residence-status change together with the working-conditions notice?
A. Application and change of residence status is the business of a Gyoseishoshi, and 四葉行政書士事務所 — a separate business from our office (a Shakai Hoken Roumushi office) — handles it. You engage each under a separate contract. We divide the assignment: our office for the statement of working conditions and the labour and social insurance procedures, and the Gyoseishoshi for the residence status.
Sources
- Labour Standards Act (Act No. 49 of 1947), Article 15, paragraph 1 — an employer must, on concluding a labour contract, state to the worker the wages, working hours and other working conditions. No language is specified
- Ordinance for Enforcement of the Labour Standards Act (Ministry of Health and Welfare Ordinance No. 23 of 1947), Article 5 — prescribes the working conditions to be stated. Principal items are stated by delivery of a written document (or, where the worker wishes, facsimile/e-mail). The amendment in force 1 April 2024 (Ordinance No. 39 of 2023) added the scope of changes to the place of work and duties, the renewal cap for fixed-term contracts, the conversion application opportunity, and the working conditions after conversion
- Guideline for employers to properly respond regarding the improvement of employment management of foreign workers (Ministry of Health, Labour and Welfare Notification No. 276 of 3 August 2007) — employers are to endeavour to state the working conditions in a way the foreign worker can understand, using the language the foreign worker uses or plain Japanese, and likewise to endeavour to make the statement at recruitment in an understandable way (confirmed 31 August 2026)
- Ministry of Health, Labour and Welfare, model working-conditions notice (foreign-language versions) — the model form is published in foreign-language versions such as English and Chinese. Use the latest version reflecting the added matters (confirmed 31 August 2026)
- Public materials and provisions confirmed on 31 August 2026. Which version has effect if the translated and Japanese versions diverge, and whether a particular non-renewal or reassignment is valid, are individual determinations that vary with the circumstances. This article is limited to introducing the framework and does not judge individual permissibility
四葉不動産株式会社, 四葉行政書士事務所 and 四葉社会保険労務士事務所 each undertake work as independent businesses, under separate contracts. When we introduce another professional, we arrange for you to contract directly, and our office receives no referral fee. What 四葉社会保険労務士事務所 supports on the statement of working conditions to foreign workers is preparing the templates of the working-conditions notice and employment contract, including foreign-language versions, and checking their consistency with the work rules. Application and change of residence status is handled by 四葉行政書士事務所 under a separate contract, and individual disputes and litigation are pointed to the domain of a lawyer. For fees, see the fee schedule; for frequently asked questions, see the FAQ.
This article is general information. Individual judgments, in light of the latest primary sources (Ministry of Health, Labour and Welfare, e-Gov, etc.), are made by a qualified professional after a consultation. Written by Joji Uramatsu (Shakai Hoken Roumushi, Gyoseishoshi, Registered Real Estate Transaction Specialist).
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