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Avoiding Criminal Liability: Key Steps for Japanese Employers to Prevent Illegal Employment of Foreign Workers

Safeguarding Against Illegal Employment: Key Considerations for Japanese Employers Hiring Foreign Nationals

Employing foreign staff in Japan comes with significant legal responsibilities. Under Japan’s Immigration Act, employers may face up to three years in prison or fines of up to ¥3 million if found complicit in illegal employment. This article covers essential guidelines for avoiding such penalties, helping employers remain compliant and protect against criminal liability.

Understanding the Law: Illegal Employment Facilitation Offense

The Illegal Employment Facilitation Offense (Article 73-2 of the Immigration Act) penalizes employers who hire or facilitate employment for unauthorized foreign workers. This applies even when an employer unknowingly employs a foreign worker ineligible for the role, often due to neglecting visa and work permit checks.

Common Illegal Employment Scenarios

  1. Employing workers who have overstayed their visas or face deportation.
  2. Hiring foreign nationals without valid work permits.
  3. Assigning tasks beyond the scope of a worker’s designated visa status.

In addition, employers must verify residence cards and track work eligibility to avoid criminal charges, as ignorance or negligence will not absolve liability.

Preventive Measures for Employers

  1. Verify Residence Cards: Confirm the validity and expiration date of the worker’s residence card through the official website to detect any signs of forgery.
  2. Check Work Restrictions: Determine if the residence card has any work restrictions or limited working hours (e.g., those on “Student” or “Dependent” visas may only work part-time).
  3. Obtain Work Permits: If hiring someone without a work-permitted visa, ensure they have received an appropriate work permit.
  4. File Notifications with Hello Work: Notify employment of foreign staff as required by law to avoid penalties of up to ¥300,000 for non-compliance.

These steps help mitigate the risk of inadvertently engaging in illegal employment practices. Employers are advised to consult a qualified administrative scrivener to maintain compliance and avoid potential legal repercussions. For support, the Continental Immigration Office offers specialized consultation for legal foreign employment practices.

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