[Blog]What Employers Should Know: Legal Risks and Responsibilities When Hiring Foreign Workers

2025-10-22

Hello. As a certified administrative scrivener (Gyoseishoshi), I’d like to share some key points with employers who are currently hiring, or are planning to hire, foreign workers. Recently, several cases have been reported in which foreign employees continued to work even after their residence period had expired, and these incidents have highlighted the responsibilities employers must not overlook.

1. The Possibility of Employers Being Held Criminally Liable

For example, if an employer hires a foreign national who does not have a valid residence status or work permit, or fails to notice that a residence card has expired during employment, the employer may face criminal liability. This is regulated under Article 73-2 of the Immigration Control and Refugee Recognition Act (commonly known as the “Immigration Act”) as the crime of “promoting illegal employment.” This offense applies to cases where an employer knowingly hires, or through negligence allows, someone without proper work authorization to work. Even if the employer claims “I didn’t know,” the failure to verify the residence card or to ensure that the job duties match the permitted scope of activities can be deemed negligent. The penalties are severe—up to three years of imprisonment, a fine of up to three million yen, or both.

2. What Employers Must Not Neglect (Checklist to Avoid Risks)

To prevent unintentional legal violations, employers should always take the following steps:

• Check and Record Residence Cards and Passports: Before hiring, have the foreign worker present their actual residence card and verify the residence status, expiration date, and any work restrictions or notes such as “Permission to engage in activity other than that permitted.” Make and securely store a copy.
• Confirm That Job Duties Match the Authorized Activities: Make sure the planned work matches what is allowed under the worker’s visa status. For example, some visas do not permit simple labor, and student visa holders may only work up to 28 hours per week unless they have special permission.
• Manage and Monitor Residence Expiration Dates: If the residence period expires or a renewal has not been completed, the worker is no longer legally allowed to work. Set up reminders or internal systems to track expiration dates and confirm renewals in time.
• Submit Required Notifications on Employment of Foreign Nationals: Employers must notify the local Hello Work office (public employment office) when hiring or when a foreign worker leaves employment. Failure to do so may result in penalties of up to 300,000 yen.
• Ensure Legal Working Conditions: Treat foreign employees the same as Japanese workers under labor laws—regarding contracts, working hours, wages, and benefits. If there are language barriers, take extra care to explain terms clearly and prevent misunderstandings.

3. Conclusion

Hiring foreign workers can be a great opportunity for companies to build diverse and global teams. However, it also requires a clear understanding of the legal framework surrounding immigration and employment. Even a small oversight or assumption can lead to serious legal risk. If you ever feel uncertain about your company’s compliance, don’t hesitate to consult a legal professional such as an administrative scrivener. By doing so, you can create a safe, lawful, and inclusive workplace where both your business and your foreign employees can thrive.

(Written by: Administrative Scrivener)