From April 1, 2027, the maximum penalty will increase from three years’ imprisonment or a fine of JPY 3 million to five years’ imprisonment or a fine of JPY 5 million. Both imprisonment and a fine may be imposed.
Employers and others who cause or arrange for foreign nationals to work illegally may face criminal penalties. Being unaware that the employment was illegal does not excuse liability where there was negligence, such as failing to check a worker’s residence card.
Illegal employment includes:
- Working while staying in Japan unlawfully or after a deportation decision.
- Working without the required authorization.
- Performing duties or working hours beyond those permitted under the person’s status of residence or permission to engage in other activities.
Before employment begins, check both sides of the worker’s residence card. Confirm their status of residence, period of stay, work restrictions, and any permission to engage in activities outside their status of residence. For those with “Designated Activities” status, also check the designation document attached to their passport.
Review work authorization after any renewal or change of residence status, and ensure that actual duties and working hours remain within the permitted scope.
Appropriate employment practices help create a secure working environment for foreign nationals and support compliance with Japan’s immigration rules.
Source and further information: Immigration Services Agency of Japan — Guidance on the Proper Employment of Foreign Nationals (PDF in Japanese)
