Who Qualifies as a Full-Time Employee?

Who Is and Isn’t Recognized as a “Full-Time Employee”

In our previous article, we explained the background behind the new Business Manager Visa system, which requires the employment of “one full-time employee.”

As a result, we’ve received the following questions from many foreign business owners:

“Is a part-time worker acceptable?”

“Will hiring a foreign friend meet the requirements?”

“Can I hire a family member as an employee?”

Not just anyone can be considered a “full-time employee.”

In this article, we’ll clearly explain who qualifies as a “full-time employee” under the Business Manager Visa program and what criteria they must meet.

What Does “Full-Time Employee” Mean?

The term “full-time employee” here does not simply mean someone who comes to the office and works every day.

For the purposes of the Business Manager Visa, it should be understood to mean “an employee who is stably and continuously employed in Japan.”

In other words, having long working hours alone is not sufficient to qualify.

The determination is based on factors including the type of employment and salary.

These are the types of people who qualify.

The “full-time employees” required for the Business Manager visa include the following individuals:

・ Japanese nationals

・ Permanent residents

・ Spouses of Japanese nationals, etc.

・ Spouses of permanent residents, etc.

・ Long-term residents

Additionally, Japanese language proficiency has been added as one of the requirements for the Business Manager visa.

The standard is a JLPT N2-level proficiency or having lived in Japan for 20 years or more.

If the foreign national serving as the business manager has passed the N2 exam or has lived in Japan for 20 years or more, you do not need to worry about this.

However, if you do not meet these criteria, you must hire an employee with sufficient Japanese language proficiency.

Be sure to keep this requirement in mind when considering whom to hire.

What about part-time or temporary workers?

One of the most common questions is, “Is it enough to hire two part-time workers?”

Generally speaking, part-time or temporary workers are not considered “full-time employees.”

Their working hours are not combined to count as “one full-time employee.”

Can I meet the requirements by hiring family members or friends?

This is also a common question.

In business operations, it is not uncommon for spouses or relatives to assist with the business.

However, the Business Manager Visa has the conditions mentioned earlier ( must be Japanese nationals, permanent residents, etc.).

Additionally, authorities will verify whether they are actually employed as staff members.

“Is an appropriate salary being paid?”

“Are they enrolled in social insurance and labor insurance?”

“Is this a genuine employment relationship?”

These points are subject to review.

If the employment is merely nominal, there is a risk that the application will not receive the expected evaluation.

“Continuous Employment” Rather Than “Hiring”

The Business Manager Visa review process does not focus solely on the moment of hiring.

The following points are crucial:

・Salary is paid on a continuous basis

・Social insurance and labor insurance procedures are properly handled

・The employee is actually working

・The company’s business is ongoing

In other words, “the reality of continuous employment” is crucial.

Avoid hiring someone just before a visa renewal.

Things to Check Before Hiring

We recommend that foreign business owners verify the following points before hiring.

Don’t take the approach of “Let’s hire first and figure it out later.”

・Does this person meet the requirements for a full-time employee?

・Is enrollment in social insurance appropriate?

・Is the employment contract appropriate?

・Are there any issues with the salary level?

It’s smoother to prepare in advance rather than make corrections later.

Summary

“Full-time employee” does not simply mean someone who works full-time.

For the Business Manager Visa, it is crucial that the employee works continuously for the company and meets the statutory requirements.

Assumptions such as “part-time workers are acceptable,” “hiring family members is fine,” or “any foreigner with a work visa will do” are all incorrect.

Hiring the right talent and employing them continuously in accordance with the law leads to stable business operations.

Professional Tip

Check the Employee Before You Hire

With the Business Manager Visa, “who you hire” is extremely important.

If, after hiring someone, you find out that “this person was not recognized as a full-time employee,” you may have to reevaluate your entire hiring plan.

From a certified administrative scrivener’s perspective, we verify requirements related to residence status and the relevant systems.

From the perspective of a certified social insurance and labor consultant, we verify that the employment is lawful in terms of the employment contract, social insurance, salary, and working conditions.

“The hiring process begins even before you post a job opening.”

Understanding the system before hiring and making the appropriate preparations ultimately helps protect your company.