Hire employees in Japan
What a foreign company needs to know before employing people in Japan: whether you need an entity, what social and labor insurance costs, how payroll and the year-end tax adjustment work, what leave is mandatory, and why dismissal is close to impossible without agreement.
Quick answers
The questions leadership teams ask first. Detail follows below.
Do I need a local Japanese entity to hire?
No. Foreign companies can employ in Japan through three routes:
- Employer of Record. Dryft Global employs your people locally and runs insurance enrolment, the Article 36 overtime agreement, compliant Work Rules (Shugyo Kisoku), payroll with income and inhabitant tax withholding, the year-end tax adjustment and statutory health checkups. You direct the work.
- Direct entity. A joint-stock company (Kabushiki Kaisha, KK), a limited liability company (Godo Kaisha, GK) or a registered branch, which means the Legal Affairs Bureau, a corporate seal, the Tax Office, the Japan Pension Service, Hello Work and the Labor Standards Inspection Office (Roki-sho).
- Independent contractor (Gyomu Itaku). Viable only for a genuine business with its own facilities, several clients, full schedule autonomy and no direction from you.
When should I use an EOR instead of setting up a KK or GK?
An EOR makes sense when you are:
- Onboarding in 3 to 7 business days rather than the 4 to 10 weeks incorporation takes across notarisation, seals, banking and agency filings.
- Hiring 1 to 15 engineers, solutions architects or technical sales leaders without a Japanese corporate footprint.
- Keeping direct exposure to Japan's dismissal doctrine and filing burden off your own books.
A KK or GK becomes necessary once you run 20 to 30 or more staff, need premises, labs or manufacturing, invoice Japanese customers in yen, bid on public tenders, or work in a licensed sector such as finance, telecoms or medical devices.
What does an employee actually cost beyond salary?
Plan for roughly 15% to 18% on top of gross salary, low by developed-market standards. It is health insurance, nursing care insurance for employees aged 40 to 64, employees' pension at a fixed 9.15% employer share, employment insurance, accident compensation and a 0.36% childcare levy. Contributions sit on banded standard monthly remuneration rather than raw salary, and the bands are capped, so the effective rate falls on senior pay. Add the annual health checkup and a commuting allowance.
How difficult is termination in Japan?
Among the hardest anywhere. At-will dismissal does not exist. Under Article 16 of the Labor Contract Act a dismissal that lacks objectively reasonable grounds, or is not appropriate in general social terms, is void, and courts apply that with real rigour. If it is struck down the remedy is reinstatement with full back pay for the length of the dispute. Redundancies must clear four cumulative tests. In practice almost every exit is a negotiated mutual separation (Goi Taishoku) at 3 to 12 months of base salary.
Can Dryft Global legally employ my team in Japan?
Yes. Dryft acts as the registered employer under Japanese labor statutes. We handle insurance enrolment, the Article 36 agreement, Work Rules coverage, payroll with income tax withholding and inhabitant tax special collection, the year-end tax adjustment, health checkups and telework compliance, while you direct the work.
Hiring routes compared
Speed, capital, filing burden and misclassification exposure drive the decision. Here is how the routes compare.
| Factor | Direct entity (KK, GK, branch) | Dryft Global EOR | Independent contractor |
|---|---|---|---|
| Speed to onboard | 4 to 10+ weeks | 3 to 7 business days | 1 to 2 business days |
| Corporate entity required | Yes, a KK, GK or registered branch | No, employed through the Dryft entity | No |
| Local representative | At least one resident representative | Managed by Dryft | Not applicable |
| Setup cost | High, ¥300,000 to ¥1,000,000+ | No capital requirement | Minimal |
| Social insurance | Direct registration and liability | Handled end to end by Dryft | Contractor self-pays national schemes |
| Work Rules and Article 36 | You draft, consult and file both | Filed and administered | Not applicable |
| Misclassification exposure | None, direct employment | None, statutory employment | Severe under Article 9 of the Labor Standards Act |
| Best fit | Hubs of 20 to 30+ staff, local trade | Software teams, tech sales, remote staff | Discrete project work |
What an employee costs in Japan
Japan runs five insurance pillars across social insurance (Shakai Hoken) and labor insurance (Rodo Hoken). Contributions sit on standard monthly remuneration (Hyojun Hoshu Getsugaku), a banded figure set from April to June pay and refreshed each July, so a mid-year raise does not change the bill immediately.
| Component | Employer share | Notes |
|---|---|---|
| Health insurance (Kenko Hoken) | ~4.99% to 5.90% | Tokyo association rate. Varies by prefecture and by fund |
| Nursing care insurance (Kaigo Hoken) | ~0.80% | Only for employees aged 40 to 64 |
| Employees' pension (Kosei Nenkin) | 9.15% | Half of the fixed 18.30% rate, capped at the top grade |
| Employment insurance (Koyo Hoken) | ~0.95% to 1.05% | General business tariff, reset each fiscal year |
| Accident compensation (Rosai Hoken) | ~0.25% to 0.30% | Office and IT rates, higher for industrial work. Employee pays nothing |
| Childcare contribution levy | 0.36% | Employer only, on standard remuneration |
| Statutory subtotal | ~15.70% to 17.40% | Before checkups, commuting and any bonus |
| Annual health checkup | ~¥10,000 to ¥25,000 a year | Mandatory under the safety and health act |
| Commuting allowance | Actual transit cost | Tax-exempt up to ¥150,000 a month |
| Total employer on-cost | ~15% to 18%+ | Above gross base pay |
For an employee on ¥10,000,000 gross, budget roughly ¥11,500,000 to ¥11,800,000 all-in before any bonus. Ask us for a cost model with the current wage grades applied.
Payroll and tax
Wages must be paid in full, directly to the employee, at least monthly on a fixed calendar date under Article 24 of the Labor Standards Act. The 25th is the customary payday. Every payslip shows base pay, taxable allowances, non-taxable commuting, overtime hours and premiums, each insurance deduction, income tax, inhabitant tax and net pay. Withheld income tax goes to the Tax Office by the 10th of the following month, and social insurance reaches the Japan Pension Service by the end of it.
Income tax, inhabitant tax and the year-end adjustment
National income tax (Shotokuzei) is progressive from 5% to 45%, with a 2.1% reconstruction surtax on top, so the effective top rate is 45.945%. Local inhabitant tax (Juminzei) is a flat 10% on the prior year's income, withheld monthly from June through May and paid to the employee's own municipality. Someone in their first year in Japan pays none until June of their second year, which surprises them when take-home drops. In December the employer performs the year-end tax adjustment (Nenmatsu Chosei), reconciling the exact annual liability against what was withheld and settling the difference in that payslip, so most salaried employees never file a return. Those earning above ¥20,000,000, or with side income above ¥200,000, still file by 15 March.
Statutory minimum wage
Japan sets regional hourly minimum wages (Chiikibetsu Saitei Chingin) rather than one national floor. Prefectural councils revise them yearly, effective 1 October, so Tokyo (around ¥1,163 an hour) sits well above Osaka (around ¥1,114). One trap: if you use a fixed overtime allowance (Kotei Zankyo), the remaining base salary divided by monthly standard hours must still clear the prefectural minimum.
Leave and mandatory benefits
- Paid annual leave. 10 days after 6 months of continuous service with at least 80% attendance, rising through 11, 12, 14, 16 and 18 to 20 days at 6 years 6 months. Unused days expire 2 years after they accrue.
- The 5-day rule. Anyone entitled to 10 or more days must actually take at least 5 each year, and it is your job to make that happen. Failing carries fines of up to ¥300,000 per violation.
- Public holidays. 16 national holidays, clustered into Golden Week in late April and early May, with mid-August Obon observed by custom.
- Maternity. 6 weeks before birth (14 for twins) and 8 after, of which 6 are compulsory. Around 67% is paid by health insurance and social premiums are waived.
- Childcare leave (Ikuji Kyugyo). Up to the child's first birthday, extendable to 2 where no nursery place is available, paid by employment insurance at 67% for 180 days and 50% after.
- Paternity leave at birth. Up to 4 weeks within 8 weeks of the birth, which can be split into two separate periods.
- Nursing care leave. Up to 93 days per eligible family member, splittable three times, with a 67% allowance from employment insurance.
- Health obligations. An employer-funded annual medical checkup for every regular employee, plus a stress check and an appointed industrial physician once a workplace reaches 50 staff.
- Working time. 8 hours a day and 40 a week, one rest day a week, a 45-minute break past 6 hours and 60 minutes past 8. Overtime needs an Article 36 agreement (Saburoku Kyotei) filed with the inspection office, capped at 45 hours a month and 360 a year, or 100 and 720 under a special clause. Premiums run 25%, 50% beyond 60 hours a month, 25% at night and 35% on a rest day.
- Bonuses. Summer and winter bonuses are customary, usually discretionary, and attract social insurance.
Termination and notice periods
Notice is the easy part. Thirty days of written notice, or 30 days of average wage in lieu (Kaiko Yokoku Teate), is the baseline. The hard part is justification: without it the notice is irrelevant and the dismissal is void.
| Route | Notice and cost |
|---|---|
| Unilateral dismissal | 30 days' notice or pay in lieu, and it must survive Article 16 |
| First 14 days of probation | No notice required. After 14 days the full 30 days applies |
| Redundancy (Seiri Kaiko) | 30 days' notice plus all four judicial criteria, cumulatively |
| Mutual separation (Goi Taishoku) | Negotiated, commonly 3 to 12+ months of base salary |
| Dismissal ruled void | Reinstatement with full back pay and statutory interest |
- The four redundancy criteria. A court asks whether the headcount cut was genuinely necessary, whether you exhausted the alternatives (hiring freeze, less overtime, lower executive pay, redeployment, voluntary retirement offers), whether selection was objective, and whether you consulted in good faith. Miss one and the redundancy fails.
- There is no statutory severance. It is owed only where your Work Rules or retirement benefit regulations promise it. In practice you pay it anyway, as the price of a signed release.
- Solicitation must stay voluntary. Asking someone to resign is lawful. Pressing repeatedly is a tort.
- Fixed-term contracts convert. Terms run to 3 years, or 5 for specialists and employees aged 60 and over. Once continuous fixed terms pass 5 years the employee can demand indefinite status, and non-renewal is restricted once earlier renewals created a reasonable expectation of continuity.
- Disputes move fast. The labor tribunal usually resolves a case within three sessions, before a judge and two labor commissioners.
Can I use independent contractors?
Only for genuinely independent businesses. Japanese authorities decide worker status (Rodoshasei) on the substance of the relationship, not the label on the contract, and Article 9 of the Labor Standards Act defines a worker as someone employed at a business who receives wages. The factors are familiar: whether you give daily instructions, review performance and apply company rules; whether the person can refuse assigned work; whether you set hours and require attendance; whether they earn most of their living from you; whether you supply the laptop, licences and email; whether payment tracks hours rather than deliverables; and whether they can send a substitute. Reclassification is expensive. You face retroactive overtime, night and holiday premiums for up to 3 years, with 14.6% annual late payment interest after termination, back social insurance for up to 2 years plus penalty interest, criminal exposure under Article 119, and an employee who now has full protection against dismissal. Directing a worker supplied by another firm without a dispatch licence carries its own penalty: the deemed direct employment offer.
The legal framework in brief
Japanese employment law is statutory, enforced by the Ministry of Health, Labour and Welfare and its local inspection offices, and shaped heavily by Supreme Court case law. The instruments you will hear most:
- Labor Standards Act (1947). Minimum working conditions: wages, hours, rest days, leave, overtime premiums and safety.
- Labor Contract Act (2007). Contract formation and change, the 5-year conversion right, and the Article 16 dismissal doctrine.
- Work Rules (Shugyo Kisoku), Articles 89 to 106. Any employer with 10 or more staff must adopt written Work Rules and file them alongside a written opinion from the union or elected majority representative. Contracts cannot fall below them, and detrimental changes are invalid unless reasonable.
- Industrial Safety and Health Act (1972). Checkups, stress checks, health committees and industrial physicians.
- Work Style Reform legislation. The binding Article 36 overtime caps, the 5-day leave rule and equal pay between regular and non-regular staff.
- Labor Policy Comprehensive Promotion Act. Mandatory measures against power, sexual and maternity harassment, including a confidential grievance channel.
- Trade Union Act. Refusing to bargain with a recognised union is an unfair labor practice, and the right to organise is constitutional.
- APPI and the My Number Act. Purpose of use must be specified, monitoring disclosed in advance in Work Rules or IT policy, and the individual number used only for statutory tax and social insurance filings.
Where the talent is
Japan is the world's fourth-largest economy, with elite engineering out of its research universities in computer science, robotics, materials and semiconductor physics. Lifetime employment still shapes the traditional conglomerates, but software and commercial talent is increasingly mobile and open to international employers offering performance pay and flexible work. Foreign hires usually enter on the Engineer or Specialist in Humanities status or the Highly Skilled Professional track, and the Certificate of Eligibility alone takes 1 to 3 months.
| Region | Talent and industry concentration |
|---|---|
| Tokyo and Kanto | Corporate headquarters, enterprise SaaS, fintech, AI, cloud infrastructure, digital media, consulting |
| Osaka, Kyoto and Kobe | Life sciences, biotech research, electronics, gaming, clean tech, chemical engineering |
| Nagoya and Aichi | Automotive and mobility engineering, robotics, machine tool automation, aerospace, materials |
| Fukuoka and Kyushu | Startup zone, mobile software, semiconductor manufacturing, global business services |
| Sendai and Sapporo | Regional software development, embedded systems, digital customer operations, agritech |
Japan Implementation Kit
This page tells you the rules. The kit tells you what to do, in what order, and what goes wrong when you skip a step. Built from Dryft's onboarding checklist for Japan.
- Step-by-step implementation checklist, from hiring route selection to first payroll
- The bilingual working conditions notice and scope-of-change rules
- Fixed overtime validation, deemed hours and top-up mechanics
- Article 36 agreement drafting, representative election and filing
- Work Rules coverage for hours, leave, telework and harassment
- Social insurance within 5 days, employment insurance within 10
- Withholding, inhabitant tax special collection and year-end adjustment
- Health checkup and stress check administration
- Certificate of Eligibility and residence card sequence
- Every official Japanese authority with direct links
This guide is general information, not legal, tax or immigration advice. Japanese labor statutes, social insurance rates, prefectural wage floors, tax withholding rules and immigration procedures change periodically. Confirm current figures with a qualified adviser or with Dryft before acting. Last reviewed September 2026.
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