Illegal employment refers to a foreign national working in a manner not permitted by their Status of Residence.
Even if the individual has no malicious intent, or the company has no such intention, the situation may still constitute illegal employment.
[Main Cases]
1. The period of stay has expired
・Working while the Residence Card has expired
2. Working under a Status of Residence that does not permit employment
・Working under the "Student" status of residence without the permission to engage in activities outside of one's visa status
・Working under the “Short-Term Stay” status of residence
3. Working beyond the permitted scope of duties
・Engaging in work not permitted under the “Specified Skilled Worker” status
・Performing only unskilled labor under the “Engineer/Specialist in Humanities/International Services” status
4. Working beyond permitted hours
・International students or others working beyond the permitted hours
・Working beyond the scope of the permission to engage in activities outside of one's visa status
[Points for Companies to Note]
When hiring foreign workers, do not rely solely on the individual’s self-declaration; always verify the details on their Residence Card and their employment conditions.
・Status of Residence
・Period of stay (date of expiration)
・Existence of work restrictions
・Existence of permission to engage in activities outside of one's visa status
If you fail to verify these details, your company may also be charged with “Crime of promoting illegal work”
*Systems regarding the employment of foreign nationals are operated in accordance with the rules of the Immigration Services Agency of Japan.
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