[Blog]Why Employers Must Not Assign “Other Duties” to Specified Skilled Workers — Lessons from the Nansei Steel Case

2025-11-23

According to this report by Kanagawa Shimbun, the president of Nansei Steel, a steel materials sales company in Chiba Prefecture, was arrested by the Kanagawa Prefectural Police on suspicion of promoting illegal employment. The allegation is that the company instructed a Chinese employee with the status of residence “Specified Skilled Worker (i)” in the construction sector to perform work outside the scope permitted by his visa. The employee reportedly worked as a factory manager at the company’s Sagamihara plant, engaging in the purchase of metal scrap — work not allowed under his status. The company itself will also be referred to prosecutors under the dual liability provisions, and police continue to investigate possible involvement in buying stolen electrical cables between 2020 and 2024. The company has stated that it is “confirming the facts and cooperating with the investigation.”

Key Issue — The Employee Worked Outside the Scope of His Status of Residence

The problem in this case is not “illegal stay,” but rather the fact that the company assigned work inconsistent with the employee’s authorized status. A Specified Skilled Worker (i) in the construction sector is supposed to work full-time in the designated industry and approved job categories. However, the employee reportedly acted as a factory manager, purchasing metal scrap and performing plant-management tasks — work clearly outside the scope of construction-related duties. When the actual job duties differ significantly from what the visa permits, the situation becomes “engaging in activities outside the scope of status,” which constitutes illegal work and the promotion of illegal work.

Specified Skilled Workers Are Expected to Work Full-Time

Specified Skilled Worker (i) is a full-time employment–based status created to address labor shortages. Unlike Student or Dependent visas — where part-time work may be allowed with permission — the Specified Skilled Worker visa’s sole purpose is full-time work in the designated field. Therefore, in immigration practice, “permission for engaging in activities other than those permitted” is not granted. In simple terms, the visa assumes: “Work full-time in this industry, in these duties.” Additional tasks such as “extra duties in spare time,” “helping with administrative tasks,” or “acting as a factory manager” are not presumed. If a construction-sector worker is mainly performing scrap-metal purchasing or unrelated factory operations, immigration authorities will almost certainly regard this as full-time unauthorized work.

Why Unauthorized Activities Are Treated So Seriously

There are two major reasons. First is “preserving the integrity of the system.” Immigration authorities approve acceptance of workers only after verifying labor-shortage conditions and required skill levels for each sector. Using the system merely to bring workers into the country and assign them totally different work undermines the credibility of the entire visa framework. Second is that such practices “become breeding grounds for illegal labor.” If companies use Specified Skilled Workers as cheap all-purpose labor — shifting them to scrap-metal buying or resale operations — the system itself becomes distorted. This harms companies that follow rules properly, and puts foreign workers at risk of visa cancellation and deportation.

Essential Points Employers Must Understand

Companies employing Specified Skilled Workers must confirm the following: First, “do not expand duties beyond what was explained during hiring.” Assigning work substantially different from the duties described in job postings, employment contracts, or skill evaluation documents is dangerous. A common problematic pattern is: “He started at the construction site, but over time became mainly a factory manager, sales staff, or interpreter.” Second, “do not give titles that disguise actual job content.” Even if given a title like factory manager or team leader, the visa remains Specified Skilled Worker (i). Having a leadership role is possible, but if actual duties shift away from the approved tasks, it may be judged unauthorized. Third, “do not apply Japanese-style multi-role expectations.” Japanese employees may often hold combined responsibilities, but assigning similar multi-role duties to foreign workers without checking visa compatibility can inadvertently lead to violations. Before giving new responsibilities, companies must confirm they fall within the permitted scope.

What Specified Skilled Workers Themselves Should Be Careful About

Workers should understand their visa limits rather than assuming everything is fine because the company instructed it. If the duties described in employment contracts differ significantly from daily work, their legal status may be at risk. If they are reassigned long-term to unrelated divisions, regularly engage in purchasing or resale, or construction workers end up doing mostly clerical or sales work, they should consult a registered support organization or specialist before problems escalate. Ultimately, violations affect the worker, not just the employer.

Conclusion — The Specified Skilled Worker Visa Is Not a “Do-Anything” Permit

The Nansei Steel case serves as a strong warning to employers who assume that “having a visa means everything is fine.” Specified Skilled Workers are accepted only to perform full-time work in designated sectors — not as flexible labor to fill any shortage. Assigning construction-sector workers to factory management or metal-scrap purchasing exposes employers to charges of promoting illegal work and referral as a corporation. Such misuse harms not only the company but also diligent foreign workers whose visas can be jeopardized. To maintain the credibility and sustainability of the system, employers and workers must reinforce the principle that “Specified Skilled Workers must work full-time within their authorized duties, and unauthorized work is fundamentally prohibited.” Ensuring that job descriptions and real duties match is the most reliable safeguard against immigration violations and serious consequences.