Guarantor for Job

[Kamui16]

Hello,
I am aware that this is not really the place for some reliable legal advice, but some of you are living longer here than I do, so I was hoping for some ideas.

I will change my company in a couple of weeks, but part of the contract papers is a document certifying that I have a guarantor in Japan (身分保証書). One of my friends will likely become my guarantor, but it makes me feel very uncomfortable, as I do not want to feel indepted to him. I will ask my new boss, but I don't think they will let me join the company without a guarantor.
I know that there are guarantor companies for renting an apartment, but I was wondering if something similar exists for work contracts. Do they also accept gaijin?

Thank you for your feedback

 

[TAG Manager]

I'm not really up to speed on this kind of thing but for a job, when a visa is involved, the company is usually the guarantor. If it's not for visa reasons, why do they need you to have one? That doesn't make a whole lot of sense.

 

[Sudsy]

For this sort of thing, they want a personal guarantor who will vouch for your character. It's very old school, and these days a little dodgy.

 

[TAG Manager]

For this sort of thing, they want a personal guarantor who will vouch for your character. It's very old school, and these days a little dodgy.

Small company sort of thing? I surely don't see this in bigger firms.

 

[Sudsy]

Small company sort of thing? I surely don't see this in bigger firms.

It's an old school Japanese company thing. It's rare now, but you still see it in really conservative old companies sometimes.

It's a sign that the company is going to be VERY Japanese in their management style, if not outright black.

 

[MikeH]

Yeah, never had to do that with any Japanese company. And I've been in some that boast about being old school.

 

[Kamui16]

Actually, it is a big American company, but operates world wide. It is under Japanese management, but there are a lot of foreign employees working there. This is why I was very surprised, when I saw the guarantor papers in the envelope.

 

[Lukes]

I'm guessing the Japanese branch / subsidiary that you're going to be working for sets its own policies on that. Probably trying to cover their own asses and discourage bad behavior. I dunno.

If it's not a huge deal, I would say just ask your friend graciously to be your guarantor. I mean, nothing could go wrong unless you royally screw up and being free of personal debts to others is overrated. Just an opinion.

 

[Desktop]

I also never heard of a personal guarantor needed for a work visa. More people would have work visas if you could select a personal friend.

 

[Kamui16]

The guarantor thing is unrelated to my work visa. My previous company sponsored my visa and I do not need to reapply and have my visa changed.
I merely need the guarantor to work at my new company. It is part of the contract papers. If I was Japanese, they would also demand a guarantor. I was surprised as it is a foreign company with foreign employees.

 

[Ddddd]

I had to have a warrantor for my last two jobs, but they didn't say that the warrantor had to live in Japan. So I told them that it was my mother, but I just wrote her dog's name. They didn't say it had to be human neither.

 

[Ken1988]

If you search

Employer asks for “guarantor” to compensate damages due to consultant's “breach of the employment contract”

you can find some discussion about a related issue in the US on the Workplace Stack Exchange. I don't put the link here.

It's an old fashion thing, and I think it is now just a formality in Japan.

Usually, one agrees to be an employee's guarantor without a sufficient amount of information to make a right decision. To protect guarantors, there is a Japanese law 身元保證ニ關スル法律 of 1933(!) which stipulates an employer's duties for a guarantor. It says that the employer must notify the guarantor as to what sort of job/position the employee is engaged in. It also says that the employer must alarm the guarantor when the employee is underperforming or likely to cause a material damage to the employer. I don't think any employer today feels obliged to report such things duly to a guarantor. Hence, when it's brought to a court, the employer's claim is usually rejected for their inaction. Moreover, from April 1, 2020 (in 3 weeks' time), an employer and a guarantor must agree on a maximum amount of liability before entering into a contract. If your job is not something to sell jewelries or deliver cash or ship face masks, I don't think your guarantor should be worried much.

 

[Kamui16]

Thank you for the precious advice and information. I just don't want to trouble anyone, because the stuff written in the guarantor contract about criminal liability or compensations sounds very scary. On the other hand, I don't plan to steel information or do whistleblowing, so my guarantor should be safe.
I guess it's a Japanese thing.

 

[MikeH]

Thank you for the precious advice and information. I just don't want to trouble anyone, because the stuff written in the guarantor contract about criminal liability or compensations sounds very scary. On the other hand, I don't plan to steel information or do whistleblowing, so my guarantor should be safe.
I guess it's a Japanese thing.

Then again whistleblowing is protected by law in Japan. So if they are thinking about firing you just report a misconduct and you'll be safe for the next year at least.