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Those residing in Japan with the residency qualifications “Highly Skilled Professional(高度専門職)”, “Business Manager(経営・管理)”, or “Legal/Accounting Services(法律・会計業務)” who intend to employ a domestic worker must, at the time of application, have a child under 13 years of age or a spouse unable to engage in daily household chores due to illness or other reasons.
Scope of spouses unable to engage in daily household chores due to illness or other reasons:
The reason for the spouse’s inability to engage in daily chores can include not only injuries or illnesses but also full-time employment at a Japanese company.
Reference Case:
The employer’s only family member living in Japan is the spouse, who works in Japan with the residency qualification “Engineer/Specialist in Humanities/International Services(技術・人文知識・国際業務)” and cannot fully focus on daily household chores.
If the employer is a “Business Manager” or “Legal/Accounting Services”:
Additionally, for those under “Business Manager” or “Legal/Accounting Services” employing a domestic worker, it’s required that the employer of the domestic worker holds a senior position in a business establishment or office. Here are the operational details regarding these requirements:
Scope of those in a senior position or equivalent at a business establishment or office:
The position or title at the business establishment is not strictly considered. Instead, the size, form, type of business, the individual’s salary, and authority within the establishment are collectively considered to determine if they hold a senior or equivalent position.
Reference Cases:
(1) The employer operates as a Director in the trading department of ABC Securities Co., Ltd. While there are two or more ranks above the individual, and about 50 peers at the same rank, the company has about 1,000 employees, and the individual supervises 10 subordinates.
(2) The employer operates as a Director in the audit department of DEF Bank. Though there are two or more ranks above them, their department is highly autonomous, receiving direct commands from the bank’s senior management.
(3) The employer operates as a Director in the finance-related department of GHI Co.’s Japan branch. Despite having two or more ranks above them in the branch, the branch oversees all branches in the East Asia region, and the individual directly commands staff across these branches.
Cases 1-3 above can be considered to meet the employer’s requirements.
Therefore, it is not enough that you are the representative director (代表取締役 Daihyo Torishimariyaku) of the company; the size, form and type of business of the company, as well as the amount of your remuneration and your authority in the company, will be taken into account in determining whether you are in a position similar to that of the head of the company in a comprehensive manner.
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