Provisional Translation
| OTO No. | 382 | Classification | MOJ-4 |
|---|---|---|---|
| Date of Acceptance | September 25, 1989 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of Justice | Related Laws | Immigration Control and Refugee Recoginition Law |
| Complainant | US firm | Exporting Countries | USA |
| Subject | Review of the guideline of approval for the change of status of residence about employment | ||
| Details of Measures | In making an examination of the application for the change of status of residence for the purpose of enabling non-Japanese nationals to be employed in Japan, the individual's own academic and work record, the type of employment, and prospective employer's business performance, and other factors are examined an overall assessment is made of whether or not there is sufficient reason to approve the change in the status of residence. In this particular case, it was deemed that the prospective employer has already employed more than his quota in terms of scale of business, business performance, and sales, such that it would be difficult to approve a further increase in the non-Japanese staff, and that this cannot be approved either from the standpoint of maintaining parity with other similar offices. Although the complainant contends that it is irrational to set a quota for non-Japanese employment based upon the prospective employer's scale, performance, and other factors, it was replied that such is also the practice in the United States and that this is therefore justified in terms of reciprocity as well and should be accepted as such. |
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| Classification of Processing | D | Directions | I-a |
| Remarks | |||