The Workers Rights

Japan Illegal Hiring Rules Explained: What Every Foreign Worker Should Know Before Taking a Job 

japan illegal hiring rules

Japan is going to take illegal hiring seriously. In one prefecture, even cash incentives are being paid for identifying employers who are violating the rules. Whether you are an overseas worker in Japan or intending to migrate there, you cannot afford not to know the law — it is your means of protection. Here are some simple rules for what is OK, what isn’t OK and what to do if something goes wrong.

Quick Facts on Japan Illegal Hiring

CategoryDetails
What is it that is considered illegal hiring?Failing to hire a foreign worker with a valid visa and/or in excess of the number of hours allowed in their visa.
Who is at risk?Both the employer AND the foreign worker
New developmentIbaraki has now started to reward whistleblowers with cash payouts for tipping off employers.
The most important types of visas are…There are no restrictions on the number of years a subclass 190 visa holder can work in Australia after their visa is granted.
Student part-time limit28 hours/week (40 hours during official school breaks)
Penalty for employersUp to 3 years imprisonment and/or ¥3 million fine
Penalty for workersBan deportation and re-entry

Why Japan Is Tightening the Rules 

The labour shortage in Japan has been well documented. Industries such as hospitality, agriculture and manufacturing actively seek foreign workers, which is a major reason why Japan illegal hiring is becoming a problem. Knowingly or not, some employers hire workers on the incorrect visa, pay less than the legal minimum, or work employees overtime.

Today, prefectural governments are challenging back. There is a paid tip-off system in Ibaraki prefecture, which rewards with cash any tips that help arrest employers caught in Japan illegal hiring who are believed to be responsible. It’s an indicator that authorities aren’t simply taking this as a minor compliance matter.

Legal vs. Illegal: What’s Allowed Under Each Visa? 

Visa TypePermitted WorkRestrictions
Specified Skilled Worker (SSW)A full-time position in an approved sectorMust comply with the designated industry
Technical Intern / TraineeWork in a registered training programDo not have the ability to easily change jobs.
General Work VisaIn a role that is a full-time position.The type of role listed on the visa may be different from the type of position offered.
Student VisaPart-time onlyMax 28 hrs/week; 40 hrs during school breaks
Tourist / Short-Stay VisaNo work allowed!Paid work is illegal = any paid work
Spouse VisaGenerally permittedChanges — please refer to visa requirements

Any work carried out outside these parameters, even with a valid visa, is considered “unauthorised work” in Japan and may lead to deportation.

Warning Signs of Illegal Hiring 

Japan illegal hiring doesn’t always look suspicious on the surface. The following should be taken into account:

  • No written contract: There is no written contract (legal employers in Japan must give a contract).
  • Only cash payments: a legitimate employer will transfer money to your bank account & provide payslips
  • Requests that you work outside of the scope of your visa or position: a definite red flag
  • Be unsure of your visa status: an honest employer will look after it and verify you are eligible for employment.
  • No registration with immigration authorities: companies hiring on Specified Skilled Worker visas must be registered.
  • Job offers that are not available to sponsor visa applications and are not legitimate — are a rising problem in Japan.

More global work visa updates.

Why Are Japan Jobs Growing?
Find out what’s driving demand.

Why Hire Overseas Workers?
Check out the latest UK rules.

How Get EU Blue Card?
Explore the faster application steps.

How Stay In Germany?
See the path from study to work.

Why Japan Safety Rules Changed?
Discover what the new measures mean.

Your Rights as a Legal Foreign Worker 

There are real protections for Japanese workers in the legal field. As to the employment of foreigners, Japanese labour law is equally applicable to them:

  • Minimum wage (which differs from prefecture to prefecture): No matter the nationality, employers must pay no less than this.
  • Pay: must be paid overtime at standard pay rate; standard 8-hour day, 40-hour week.
  • An employment contract must be drawn up in writing and is a requirement for all employees.
  • Social insurance: eligible workers must be registered in health and pension plans.
  • Right to report violations: foreign workers are not liable to deportation if they report on an employer who is exploiting them; the Labour Standards Inspection Office is available to receive reports

Workers in Japan’s illegal hiring situations often don’t know of their rights, or are afraid to come forward due to their visa situation.

FAQs

May I be deported if my employer had committed a misdemeanour in hiring me, but I was unaware of it?

Possibly, yes. Immigration law is about what they are doing, not their intention. If you are not working as authorised, then you are in danger. But if the worker chooses to report the violation, they get treated more leniently. Always seek legal advice if you’re unsure.

How to confirm job offers in Japan?

Ensure that the company is registered, obtain a written contract of employment before starting work, verify your visa category allows you to work, and verify the company is registered with Japan’s Ministry of Health, Labour and Welfare’s official register of employers that sponsor Specified Skilled Workers.

Is the 28-hour rule for student visas applicable during internships?

Yes: paid internships are included in the weekly hour limit. Unpaid internships could be considered differently, but you should check with your institution or immigration expert.

Which industries are open to foreign workers in Japan?

The Specified Skilled Worker visa is available across 16 occupations, such as agriculture, food services, construction, nursing care, manufacturing, etc. There are different skills tests and language needs for each.

Read Previous

JD Vance Says H-1B Visa Fraud Crackdown Will Protect American Workers — What It Means for Jobs 

Read Next

Lost PF Account? EPFO’s New Service History Feature Helps Employees Recover Missing PF Money 

Leave a Reply

Your email address will not be published. Required fields are marked *