Hiring in Japan

Hiring in Japan in 2026 is straightforward on paper and far harder to exit than most foreign employers expect.

Source-verified country research

Hiring in Japan in 2026 is straightforward on paper and far harder to exit than most foreign employers expect.

The biggest surprise for international companies is not the social-insurance percentage. It is that the cost of ending an employment relationship is not priced in money at all. Japan applies a four-part judicial test to any dismissal, and the default remedy for a flawed termination is reinstatement with full back pay, not a severance cheque. That changes the unit of measure on every exit decision. Western HR teams budget a multiple of monthly salary for a problem hire. In Japan the relevant number is legal fees plus a reinstatement-risk reserve, which sits on a different page of the budget spreadsheet. Once Shakai Hoken (health and pension), Roudou Hoken (unemployment and workplace insurance), conventional summer and winter bonuses of 4 to 6 months of base, and retirement allowance accrual are added, the true cost of employing someone in Japan runs well above the headline gross salary. This guide explains what hiring in Japan actually costs in 2026, how Japanese payroll and employment rules work, and when it makes sense to use an Employer of Record, set up your own KK or GK, or hire contractors instead.

Japan at a glance

Hiring an employee on a ¥6,000,000 salary typically adds around ¥943,000 per year in statutory employer costs, mainly through Shakai Hoken (health and pension), Roudou Hoken (employment insurance and workers' accident), and the Child Allowance levy. Our Japan payroll and employment facts set out the Shakai Hoken and Roudou Hoken rates alongside statutory notice and leave, each with its official source and date.

Once conventional summer and winter bonuses (4 to 6 months of base in commerce, finance, and pharma), retirement allowance accrual, and dismissal-risk exposure are included, the true employment cost runs well above the statutory percentage.

For small teams, an EOR is usually cheaper than setting up a Japanese KK or GK. Local entity setup tends to make financial sense at around 5 to 7 hires for a GK, or 8 or more hires for a KK if you need enterprise-sales credibility or visa-sponsorship history on your own books.

The default remedy for a flawed dismissal is reinstatement with full back pay under Labour Contract Act Article 16, not severance. Budget a 6 to 12 month reinstatement-risk reserve outside the normal payroll line.

The April 2025 employment-insurance cut took the employer rate to 0.95%, and the Standard Monthly Remuneration ceiling will rise from ¥650,000 toward ¥750,000 in phased steps starting September 2027.

Japan-registered EOR providers worth shortlisting

3 providers · links may include affiliate referrals

Deel

Operates via its own Japan KK with a Worker Dispatching Act licence. See current pricing and Japan setup.

Remote

Operates via its own Japan KK. Direct entity rather than a partner reseller chain.

Multiplier

Japan KK on record. Lower per-employee pricing band; verify year-end tax adjustment depth before signing.

Why do international companies hire in Japan?

Japan is not the cheapest market in Asia to hire in, and our editorial team has never claimed otherwise. It ends up on the shortlist for five specific reasons that come up again and again in the conversations we hear from foreign employers.
  • World-class engineering depth. Robotics, semiconductor design, embedded systems, automotive software, and precision manufacturing all sit at the top tier globally. That depth is hard to replicate elsewhere in Asia, and the candidate pool runs deep enough to survive losing one or two people to a competitor.
  • Senior salaries that look cheap in dollars. The yen's fall since 2022 has cut Tokyo senior-engineer cost by 35 to 45% in dollar terms compared with San Francisco, London, or Sydney. A ¥12M backend lead works out to roughly USD 77,000 at mid-2026 exchange rates, which is the maths drawing buyers who had priced Japan out a decade ago.
  • Four commercial city clusters. Tokyo is the centre for fintech, enterprise software, and media. Osaka leans toward hardware and pharmaceuticals. Nagoya is the automotive cluster. Fukuoka has emerged as a 30 to 40% lower-cost tech hub with municipal incentives.
  • The strongest IP regime in Asia. Patent enforcement is fast, trade-secret law is well developed, and employment contracts routinely include enforceable non-compete and invention-assignment clauses. For a hardware-adjacent business, that can be the deciding factor on its own.
  • Hybrid work has stuck. Mid-sized Japanese employers have normalised hybrid arrangements since COVID, particularly in software and professional services. Foreign companies hiring remote-first no longer have to fight the assumption that real work only happens in a downtown Tokyo office.
The trade-offs are the cost build-up we cover in the next section, and the dismissal regime that quietly changes the unit of measure on any exit decision. Both reasons are why Japan looks worse on cost-only comparisons and better when you factor in how long employees stay.

What are the employer costs of hiring in Japan?

The main employer costs in Japan are Shakai Hoken (which covers health insurance and pension), Roudou Hoken (employment insurance and workers' accident insurance), the Child Allowance levy, and conventional summer and winter bonuses that the contract treats as optional but the market treats as expected. On a ¥6,000,000 salary, core employer costs typically add around ¥943,000 per year before optional benefits or EOR fees. Once summer and winter bonuses (4 to 6 months of base in many sectors), retirement allowance accrual, and dismissal-test exposure are factored in, the true employment cost is often far higher than foreign employers expect. The table below shows the typical cost structure for a ¥6,000,000 hire in Japan.
What are the employer costs of hiring in Japan?
Cost lineRateAnnual on a ¥6,000,000 hireImportant considerations
Health Insurance (Kenko Hoken)~4.96%¥297,600Rate varies slightly by prefecture; Hokkaido, Osaka, and Fukuoka run a few points higher than Tokyo.
Employees' Pension (Kosei Nenkin)9.15%¥549,000Standard Monthly Remuneration ceiling rises from ¥650,000 toward ¥750,000 from September 2027.
Employment Insurance (Koyo Hoken)0.95%¥57,000Cut from the previous rate in April 2025; update any older cost model before signing off headcount.
Workers' Accident (Rosai)~0.3%¥18,000Higher for construction, logistics, or manufacturing roles; confirm the band before signing off headcount.
Child Allowance levy~0.36%¥21,600A new Child and Childcare Support contribution adds another 0.115% on the employer side from fiscal year 2026.
Nursing Care (Kaigo Hoken, ages 40 to 64)~0.81%¥48,600 (if applicable)Senior hires in their late 40s and 50s fall into this band; build it into any executive offer.
Summer and winter bonuses (conventional)4 to 6 months of base¥2,000,000 to ¥3,000,000Treated as expected in commerce, finance, and pharma; cutting them mid-tenure is a constructive-dismissal risk.
Retirement allowance (taishokukin)~1 to 3% of base¥60,000 to ¥180,000Optional but expected at mid-cap employers and above; check whether the EOR builds it into the quote.
Core employer cost (statutory only)~15.7%¥943,000Bonuses and retirement allowance usually add another 30 to 50% on annual base in sectors that pay them.
Add an EOR fee of USD 499 to 699 per month (roughly ¥75,000 to ¥105,000) and your total annual cost lands between ¥1.9M and ¥2.2M on top of a ¥6,000,000 base salary. Two further details often catch foreign employers out. The Standard Monthly Remuneration cap on pension contributions starts rising from ¥650,000 toward ¥750,000 in phased steps from September 2027, and the new Child and Childcare Support contribution adds about 0.115% on the employer side from fiscal year 2026. Both should be modelled into any 2026 offer with a multi-year horizon. The headline employer load looks tame against Germany (20 to 21%) or France (45% and up), but the dismissal regime changes the relevant comparable. The number that survives a CFO review is not the statutory percentage alone. It is the all-in cost with bonuses, retirement allowance, and an explicit reinstatement-risk reserve. Any EOR quote that shows only 12 months of statutory pay is a placeholder, not a real budget number.

What changed in Japan for 2026?

Six changes that affect any 2026 hiring plan for Japan, in order of how much they shift the budget or the compliance picture.
What changed in Japan for 2026?
ChangeEffective dateWhat it doesAction for HR/Finance
Employment Insurance employer rate cut to 0.95%1 Apr 2025General-business rate dropped from the prior 2023-2024 levelUpdate any cost model carried forward from a previous Japan hire
Standard Monthly Remuneration ceiling risesFrom Sept 2027 (further steps in 2028 and 2029)Pension cap moves from ¥650,000 toward ¥750,000Model the increase into senior-engineer and executive offers with multi-year horizons
Child and Childcare Support contribution introducedFiscal year 2026Adds about 0.115% on the employer sideAdd the line to the cost model; small but real
Post-Childbirth Leave Support BenefitIn force April 2025Adds ~13% to existing childcare leave benefit when both parents take 14+ days; combined ~80% of paySurface as a recruiting differential for dual-income hires
Freelance Protection Act tighteningIn force November 2024Raised statutory protections for contractors; faster routes to reclassification claimsReview any contractor model relying on exclusivity, full-time hours, or single-buyer dependency
Minimum-wage increases in the 2025/2026 cycleAnnual prefectural revisionsTokyo and Kanagawa now above ¥1,100 per hour; national weighted average above ¥1,050Matters for part-time and call-centre roles; senior hires unaffected
The work-style reform regime introduced in 2019 has been tightening, not loosening. Overtime ceilings, mandatory leave usage, and 36 Agreement enforcement are all running harder than they were two years ago. Building these into the project timeline upfront is much cheaper than dealing with a Labour Standards Inspection Office (LSIO) referral after the fact.

What employment laws should you know before hiring in Japan?

The Labour Standards Act and the Labour Contract Act do most of the heavy lifting in Japan. Day-to-day enforcement runs through the Labour Standards Inspection Office (LSIO), which can carry out on-site audits, issue corrective orders, and refer cases for criminal prosecution. Foreign employers used to civil-only enforcement underestimate the criminal-referral lever in their first compliance cycle. A 36 Agreement breach can put a director in front of a prosecutor, not just a tribunal.
What employment laws should you know before hiring in Japan?
StandardStatutory minimumCommon sector upliftPractical note
Working week40 hours, 8 hours per daySome tech and finance employers run 37.5 hoursAnything above 40 hours needs a filed 36 Agreement before the first overtime hour
Annual paid leave10 days after 6 months; rises to 20 days at 6.5 years+2 to 5 days at large employersThe employer must ensure each employee takes at least 5 days per year; ¥300,000 fine per head if not
Overtime premiums125% standard; 135% late-night or holiday; 150% over 60 hours per monthStacked premiums can reach 160% (holiday late-night)No 36 Agreement plus any overtime equals criminal liability for the responsible manager
Overtime ceiling45 hours per month and 360 hours per yearSpecial clauses allow up to 100 hours in a single month and 720 hours per yearMost LSIO enforcement effort sits here following the karoshi reforms
Maternity leave6 weeks before plus 8 weeks after birthHealth insurance benefit at about 67% of standard payDismissal during maternity leave is prohibited
Childcare leaveTo the child's 1st birthday (extendable to 2 in defined cases)Post-Childbirth Leave Support Benefit lifts combined replacement to ~80% when both parents take 14+ daysApril 2025 reform; useful as a recruiting differential
Dismissal standard (Labour Contract Act Article 16)Four-part judicial test (business necessity, avoidance steps, fair criteria, consultation)Negotiated settlements typically 3 to 12 months of salaryDefault remedy is reinstatement with back pay, not severance
Probation (shiyou kikan)3 to 6 months typicalSlightly lower bar on consultationNot a US-style at-will window; the four-part test still applies on substance
Fixed-term conversion (Labour Contract Act Article 18)Automatic right to convert to permanent after 5 yearsCannot be waived by contractTrack conversion-eligibility dates from day one; most eligible workers will exercise the right
Work Rules (shugyo kisoku)Required at 10 or more employees per workplaceMid-cycle changes need consent or a rational basisJapanese courts set a higher bar on "rational basis" than UK or US equivalents
Year-end tax adjustment (nenmatsu chosei)Employer-administered November reconciliationStandard across all employersOften the single biggest test of an EOR or payroll provider's real Japan capability
Termination protections under Labour Contract Act Article 16 are real. If a court turns a "for cause" termination into a "without just cause" one, you can be ordered to reinstate the employee or pay 12 to 24 months of accrued back pay. The simplest way to think about reinstatement risk is as a balance-sheet reserve, not a contingent liability.

Should you use an EOR or set up an entity in Japan?

The numbers are more specific than the usual "5 to 10 employees" rule of thumb. The right answer depends on whether you need enterprise-sales credibility, easy bank account access, or visa-sponsorship history on your own books, on top of the headcount maths.
Should you use an EOR or set up an entity in Japan?
FactorEOROwn GKOwn KK
Minimum capitalNone (provider's entity)¥1+ (practical floor ¥1M for credibility)¥1+ (practical floor ¥3M to ¥10M for banking)
Setup time5 to 15 business days4 to 6 weeks2 to 4 months including bank account
First-year all-in costUSD 499 to 699 per month, per hire¥500K to ¥1.5M setup + ¥80K to ¥150K per month accounting¥2M to ¥5M setup + ¥100K to ¥200K per month accounting
Annual run-rate from year 2USD 499 to 699 per month, per hire¥1.5M to ¥2.5M before payroll provider¥2M to ¥3M before payroll provider
Break-even headcountCheaper at 1 to 4 hiresCheaper from 5 to 7 hiresCheaper from 8+ or with an enterprise-sales motion
Wind-downContract notice plus reinstatement-risk handling3 to 6 months dissolution, ¥500K to ¥1.5M legal6 to 12 months dissolution, ¥1.5M to ¥3M legal
Bank accountProvider's, on their booksPossible but slow without a Japan-resident directorMaterially easier with a Japan-resident representative director
Visa sponsorship historyCannot accumulate on your recordYes (on the GK)Yes (on the KK, which immigration prefers)
Enterprise-sales credibilityLimited; provider's name on contractsAcceptable in tech; weaker in finance and manufacturingStrongest signal for Japanese enterprise buyers

Decision rule

Choose an EOR if:

  • Your Japan headcount is 1 to 4 hires
  • You need to land a Tokyo or Osaka hire inside two to three weeks
  • You don't yet have a Japan-resident representative director or a banking relationship
  • The roles are pilot-phase or short-term

Set up your own GK if:

  • Your headcount is 5 to 7 and growing
  • You need visa-sponsorship history on your own record
  • You're selling B2C or to tech-employer enterprise buyers who are comfortable with LLC-style structures
  • Setup speed and lower legal cost matter more than the strongest possible signalling

Set up your own KK if:

  • Your headcount is 8 or more, or you're running an enterprise-sales motion
  • Japanese banks, landlords, or enterprise buyers will see your entity name
  • You want the strongest signalling and the easiest banking once set up
  • Your Japan operation is permanent enough to absorb a 6 to 12 month wind-down if you ever close it
Several global EORs run their own Japan KK and hold a Worker Dispatching Act licence on that same entity. That licence is what separates a directly registered Japan operator from a reseller working through a partner network, and it matters for both compliance and incident response. A practical wrinkle procurement teams often miss is the contractual chain. Some EORs route Japan hires through a sister company that holds the licence, while billing flows through a different group company. Always ask for the legal name of the company that will appear on the employment contract itself, not just on the master services agreement, and check that the entity operates on its own Japan KK before you sign. The Berlin SaaS we know ran exactly this question in its post-incident review. After a payroll error surfaced on a Tokyo platform engineer, the contract turned out to name a third-party Japanese employer of record the provider had sub-contracted to, not the brand on the buyer's invoice. They moved the next four hires to a provider with its own Japan KK and kept one pilot hire on the original arrangement to test resolution speed. That split is becoming common in what we hear from companies hiring in Japan.

What are the biggest compliance risks when hiring in Japan?

Three risks, in order of how often they catch our readers out: dismissal under the four-part test, 36 Agreement criminal exposure, and contractor misclassification under the post-2024 Freelance Protection Act. Each one has a different operational fix.
  • Dismissal four-part test. A dismissal without cause has to meet four conditions at the same time: real business necessity, evidence of avoidance steps (redeployment, training, demotion), fair selection criteria, and proper consultation with the employee. Fail any one of them and a court can order reinstatement with full back pay from the date of termination to the date of the ruling. That can run 12 to 24 months of back pay, on top of the cost of re-onboarding a worker who has lost trust in the employer.
  • Reinstatement with back pay as the default. Labour Contract Act Article 16 treats a dismissal that lacks objectively reasonable grounds as void. Void means the employment relationship never legally ended. The court treats the worker as continuously employed and orders the employer to pay missed wages from termination through to ruling. This is the key difference from Western severance-based thinking.
  • 36 Agreement criminal exposure. Any overtime worked without a registered 36 Agreement is a criminal offence carrying up to a ¥300,000 fine or 6 months in prison for the responsible manager. We have seen LSIO referrals triggered by a single employee complaint after one late-night sprint. The cost of getting this right is one form per workplace per year.
  • Mandatory 5-day leave enforcement. The employer has to actively make sure each employee takes at least 5 days of paid leave per year. The fine for non-compliance is ¥300,000 per employee per year. A 20-person Japan team where leave usage is "left to the team" can build up ¥6M in potential fines in a single audit cycle.
  • Article 18 fixed-term conversion. Workers gain an automatic right to convert to permanent after 5 years of consecutive fixed-term tenure. The right cannot be waived by contract. Foreign companies using rolling annual contracts as a flexibility lever should track conversion-eligibility dates by employee and plan on the basis that most eligible workers will exercise the right.
  • Freelance Protection Act misclassification. The November 2024 Act raised the bar on what counts as a genuine contractor relationship. Courts and the LSIO apply a multi-factor test covering direction, integration, economic dependency, and exclusivity. A contractor working 40 hours a week solely for one buyer carries material reclassification risk.

Whichapp editorial view

If a provider says they cover Japan "via a local partner", treat that as a warning sign during your procurement check, not a feature. A partner-network arrangement leaves the employment liability with a company you haven't contracted with directly, which is exactly the kind of structure the post-2024 statutory protections target.

Ask whether the EOR runs its own Japan KK and whether it holds a Worker Dispatching Act licence on that entity. If the answer is anything other than yes on both, treat the spend as a counterparty-risk position and look elsewhere.

In our view, that two-part question survives every Legal review and is the single most useful filter you can use when shortlisting providers for Japan.

The dismissal regime is the line we keep returning to, because it bends almost every other decision. Probationary periods do not work as US-style at-will windows. The four-part test still applies on substance during shiyou kikan, with only a slightly lower bar on consultation and documentation, not on the underlying necessity threshold. Most foreign employers misread this on the first attempt. A real example we've come across illustrates how the four-part test works in practice. A US fintech made a senior offer to a Tokyo platform engineer, and six months in the hire stopped performing. The HR team modelled a 3-month severance buy-out on US instincts. Japanese counsel re-modelled it: without a documented avoidance trail (redeployment offered, training delivered, performance plan executed), the dismissal would fail the second limb of the test, and the back-pay clock would start running from day one. The final settlement landed at 11 months of total compensation, plus 4 months of process and legal fees. The unit of measure on the exit was never going to be a multiple of monthly salary. It was a reinstatement-risk reserve, billed against the wrong page of the original budget.

Which hiring model fits your Japan plans?

Here's how we think about choosing between the options, matched to the real questions People Ops leads bring to us.
Which hiring model fits your Japan plans?
If you...Best modelWhySee also
Are hiring 1 to 4 people to test the Japan marketEORNo wind-down liability; payroll live in two to three weeks; no entity overheadJapan EOR providers and pricing
Have 5 to 7 hires and need visa-sponsorship historyOwn GK + global payrollSetup is faster than a KK; the prestige gap has narrowed in tech-employer contextsJapan global payroll providers
Have 8 or more hires or an enterprise-sales motionOwn KK + global payrollBank account is easier; signalling matters to Japanese enterprise buyers; visa history on your own booksJapan global payroll providers
Engage a genuinely autonomous specialist with multiple clientsContractorThe Freelance Protection Act test passes if there's no exclusivity, scheduling control, or full-time single-buyer dependencyJapan contractor management guide
Run short-tenure regional sales or pilot rolesEOR (even alongside a KK)Avoids wind-down friction on roles that won't outlast the pilot windowJapan EOR providers and pricing
Are running a full-time single-buyer contractorConvert to employment via EORThe Freelance Protection Act presumption flips against you; reclassification claims are faster post-2024Japan EOR providers and pricing
Have crossed 10 people in a single Japan workplaceOwn GK or KK with Work Rules filedWork Rules become mandatory; an EOR cannot file shugyo kisoku in your nameJapan global payroll providers
The single most useful thing a People Ops lead can do is build the full cost picture for the actual role, with conventional bonuses, retirement allowance where it applies, and an explicit reinstatement-risk reserve. Doing that one piece of work removes most of the budget surprises that turn up in a review three months later. These providers run directly-owned Japan KK entities, and in the better cases hold a Worker Dispatching Act licence on the same entity. Anything described as "Japan coverage via a local partner" should be treated as an extra layer of risk, not as the same thing as the five below.
Recommended Japanese EOR providers
ProviderJapan entity setupPricing bandBest forView provider
DeelOwn Japan KK with Worker Dispatching Act licence~USD 599 to 699/moBroadest 150+ country coverage with a full Japan entityView Deel →
RemoteOwn Japan KK, direct chain rather than partner network~USD 599/moDirect compliance chain and clearer incident-response pathView Remote →
MultiplierJapan KK on record with APAC operational depth~USD 400 to 499/moBest value; APAC strength; verify year-end tax adjustment depth before signingView Multiplier →
Oyster HRJapan coverage via owned entity~USD 599 to 699/moMid-market global buyers who want one console for Japan plus EUView Oyster →
Papaya GlobalJapan EOR coverage with enterprise reporting layer~USD 650 to 799/moEnterprise buyers running consolidated multi-country payroll reportingView Papaya →

Before you send the Japan offer letter

  • Confirm the EOR runs its own Japan KK and holds a Worker Dispatching Act licence on that entity.
  • Check that the total employer cost includes summer and winter bonuses at sector-conventional levels (commerce, finance, pharma).
  • Confirm whether retirement allowance (taishokukin) accrual is built into the quote.
  • Get the legal name of the entity that will sign the employment contract, not just the company on the master services agreement.
  • Cross-check that the EOR's Japan KK handles year-end tax adjustment (nenmatsu chosei) in-house, end-to-end, between November and January.
  • Confirm the probation period (3 to 6 months) and that the four-part dismissal test is documented as still applying during shiyou kikan.

First 90 days after the Japan hire starts

  • Confirm day-one enrolment in Health Insurance (Kenko Hoken), Pension (Kosei Nenkin), Employment Insurance (Koyo Hoken), and Workers' Accident (Rosai).
  • File or refresh the 36 Agreement with the LSIO before the first overtime hour is worked, with an elected employee representative if no union exists.
  • Set up leave-usage tracking that flags anyone falling below the mandatory 5-day floor by month 9 of the year.
  • Track Article 18 fixed-term conversion eligibility from day one for any non-permanent contract.
  • Brief the hire on when summer and winter bonuses are paid (June or July, and December) and how retirement allowance accrues over time.
  • If headcount in a single workplace crosses 10, prepare and file Work Rules (shugyo kisoku) with the LSIO.

Frequently asked questions about hiring in Japan

What is the total employer cost in Japan on top of gross salary?

For an employee earning ¥6,000,000 gross, statutory employer contributions come to around ¥943,000 a year (about 15.7%): Health Insurance at ~4.96% (¥297,600), Pension at 9.15% (¥549,000), Employment Insurance at 0.95% (¥57,000), Workers' Accident at ~0.3% for office work (¥18,000), and the Child Allowance levy at ~0.36% (¥21,600). For hires aged 40 to 64, Nursing Care adds about 0.81%, taking the rate to around 16.5%. EOR fees of USD 499 to 699 per month sit on top of that, and conventional summer and winter bonuses (4 to 6 months of base in commerce, finance, and pharma) typically add another 30 to 50% on annual base.

Why does the dismissal four-part test change the unit of measure on a Japan exit?

Labour Contract Act Article 16 treats a dismissal that lacks objectively reasonable grounds as void. Void means the employment relationship never legally ended, and the court orders missed wages paid from termination through to ruling.

The test requires business necessity, evidence of avoidance steps (redeployment, training, demotion), fair selection criteria, and proper consultation. Fail any one of them and the default remedy is reinstatement with full back pay, not severance.

Western HR teams that budget a multiple of monthly salary often find Japanese counsel re-modelling the same case as a 6 to 12 month reinstatement-risk reserve, plus legal fees. The two budgets sit on different pages of the spreadsheet.

What changed in Japan for 2025 and 2026 that affects hiring costs?

Five changes matter for any 2026 hiring plan. The Employment Insurance employer rate dropped to 0.95% from April 2025 for general business, and the Standard Monthly Remuneration ceiling for Pension starts a phased rise from ¥650,000 toward ¥750,000 from September 2027.

A new Child and Childcare Support contribution adds about 0.115% on the employer side from fiscal year 2026. The Post-Childbirth Leave Support Benefit (April 2025) lifts combined replacement to around 80% when both parents take 14+ days of childcare leave.

The Freelance Protection Act (November 2024) tightened the contractor framework and created faster routes to reclassification claims.

What is the 36 Agreement and why does it carry criminal exposure?

The 36 Agreement (saburoku kyotei) is a written agreement between the employer and either the labour union or, where no union exists, the elected employee representative. It has to be filed with the Labour Standards Inspection Office (LSIO) before the first overtime hour is worked.

Without it, any overtime, even a single hour, is a criminal offence under the Labour Standards Act. Penalties run up to a ¥300,000 fine or 6 months in prison for the responsible manager.

Most countries impose civil fines for overtime breaches. Japan can put a director in front of a prosecutor, and the cost of compliance is one form per workplace per year.

When should we switch from an EOR to our own KK or GK in Japan?

An EOR is unambiguously cheaper at 1 to 4 hires. A GK starts to pay back at 5 to 7 hires given lower setup cost (¥500K to ¥1.5M) and a faster timeline (4 to 6 weeks).

A KK becomes justified at 8 or more hires, or where you need an enterprise-sales motion, visa sponsorship on your own books, or easier bank account access.

Plan the migration of existing EOR employees onto the new entity before you incorporate, and check with the EOR that the migration will not trigger early-exit fees on the existing contract. Not all providers handle this cleanly.

What is the difference between a KK and a GK in Japan, and which should we choose?

A Kabushiki Kaisha (KK) is the traditional joint-stock company. Setup takes 2 to 4 months and costs ¥2M to ¥5M (around USD 13,000 to 33,000) all-in, and it carries the credibility expected by Japanese banks, landlords, and enterprise customers.

A Godo Kaisha (GK) is the Japanese LLC equivalent. Setup takes 4 to 6 weeks at ¥500K to ¥1.5M, and many global tech companies (Amazon, Apple, Google) operate Japan as a GK. The credibility gap has narrowed in tech-employer and B2C contexts.

If you are selling into Japanese enterprises with traditional procurement, a KK still wins. If your hires are individual contributors and your Japan footprint is operational rather than enterprise-sales, a GK is increasingly defensible.

How does the Freelance Protection Act affect Japanese contractor arrangements?

The Freelance Protection Act of November 2024 raised statutory protections for genuine contractors and created faster routes for reclassification claims. The LSIO and the courts apply a multi-factor test: degree of direction, integration into the buyer's organisation, economic dependency, and exclusivity.

A contractor working 40 hours a week solely for one buyer carries material reclassification risk, and the contractual label cannot override the operational pattern.

Genuinely independent professionals serving multiple clients can still be engaged as contractors. Run an internal control-indicator review on anyone approaching one-buyer dependency or full-time hours.

How do I verify an EOR's Japan entity and dispatching licence?

Ask the EOR for the legal name of the Japan KK that will employ your hire, not the group parent or US sister entity. Check the Japan Commercial Registry (Hojin Bango) for the entity's corporate number and confirm it is active.

Then ask whether the same KK holds a Worker Dispatching Act licence (rodosha haken jigyo kyoka) issued by MHLW, and confirm the licence number.

Several global EORs partner with third-party Japanese employers of record, and in that structure the entity on the employment contract is the partner, not the EOR brand. That matters in any compliance incident, because the employment liability sits with the contractual counterparty. Do this before signing, not after.

What are the rules on annual paid leave and the mandatory 5-day floor?

Statutory paid leave starts at 10 days after 6 months of service and rises to 20 days at 6.5 years, with pro rata for part-time staff.

The critical compliance line is that the employer has to actively ensure each employee takes a minimum of 5 days per year. Failure to enforce usage triggers a ¥300,000 fine per employee per year, and foreign payroll teams that treat leave as employee choice often miss this.

A 20-person Japan team where leave usage is "left to the team" can build up ¥6M in potential fines in a single audit cycle. Build leave-usage tracking that flags anyone below the 5-day floor by month 9 of each year.

Can we use the shiyou kikan probation period as a US-style at-will window?

No. Japanese law allows a probationary period (shiyou kikan), typically 3 to 6 months, during which dismissal is marginally easier than for a confirmed employee.

But the dismissal four-part test still applies on substance. The bar is slightly lower on consultation and on documenting performance evidence, not on the underlying necessity threshold.

Plan probationary terminations with the same legal rigour as a confirmed-employee dismissal: document business necessity, evidence of avoidance steps (training, redeployment), fair criteria, and a consultation trail. Most foreign employers misread this on the first attempt and budget a US-style severance number that doesn't match the legal reality.

Shortlist these Japan-registered EOR providers

3 providers · links may include affiliate referrals

Deel

Own Japan KK with Worker Dispatching Act licence. Broadest 150+ country coverage and full Japan entity.

Remote

Own Japan KK, direct chain rather than partner-network reseller.

Multiplier

Japan KK with APAC operational depth and lower per-employee pricing band.

Our verdict for People Ops leads

If your Japan headcount is 1 to 4 hires and you need to land payroll inside two to three weeks, use an EOR with a provider that runs its own Japan KK and holds a Worker Dispatching Act licence. If you are at 5 to 7 hires and need visa-sponsorship history on your own books, a GK usually pays back inside 12 to 18 months. If you are at 8 or more hires, or running an enterprise-sales motion into Japanese buyers, a KK justifies the ¥2M to ¥5M setup and the 2 to 4 month timeline. If you are leaning toward contractors, run through the multi-factor control test against the Freelance Protection Act before you sign anything. A full-time single-buyer contractor working 40 hours a week is operating with material reclassification risk, and the post-2024 protections make claims easier to bring and faster to resolve in the worker's favour. The first practical step is to work out the full cost for the specific role, with conventional bonuses and an explicit reinstatement-risk reserve built in. That one piece of work removes most of the budget surprises that show up three months later, and it is the figure that holds up across every Treasury and Legal review on the way to an offer letter for a Japan hire.
Last reviewed: May 2026. Sources: Labour Standards Act guidance, Labour Contract Act Articles 16 and 18, Japan Pension Service 2025-2026 rate tables, MHLW publications on the post-2024 Freelance Protection Act and April 2025 employment-insurance reforms, the September 2025 Standard Monthly Remuneration ceiling change, and verified Japan KK entity records for the major EOR providers.

Running payroll for Japan employees? See our guide to payroll in Japan.

Running payroll for Japan employees? See our guide to payroll in Japan.