Recently, there was news that illegal employment using forged residence cards had been uncovered among Uber Eats delivery workers.

Employment management of foreign delivery workers became an issue, and a simplified registration system in which foreign nationals only sent a photo of their residence card before being hired appears to have been a cause of illegal employment.

It is hoped that this case will serve as a lesson and lead to improvements in employment management shortcomings. At the same time, regarding the circumstances of the foreign nationals who engaged in illegal employment even while knowing it was illegal, it cannot be denied that they were in the same difficult situation as we Japanese who have likewise been struggling under the COVID-19 pandemic.

However, when foreign nationals work in Japan as members of Japanese society, they need to clearly understand the legal boundaries.

In June of this year, the Immigration Services Agency of Japan, as a measure to reduce illegal workers, conducted what it called an “Illegal Employment of Foreign Nationals Countermeasures Campaign Month” and shared points of attention for employers who hire foreign nationals.

In particular, detailed explanations were given on points that should be reconfirmed, such as improvement measures to prevent forged residence cards and how to distinguish between residence cards that permit work and those that do not.

What Is Illegal Employment?

Illegal employment refers to foreign nationals working beyond the scope of the status of residence permitted by the Immigration Services Agency of Japan. Cases of illegal employment fall broadly into the following three categories.

● When overstayers or persons subject to deportation are working.

Foreign nationals who continue to stay after their period of stay has expired, or who continue working despite a deportation order.

● When someone is working without a status of residence that permits employment.

Cases such as extending a Temporary Visitor stay as-is and working, or international students or foreign nationals applying for refugee status working part-time without applying for permission to engage in activity other than that permitted under the status of residence previously granted.

● When working in an industry for which permission has not been granted.

Foreign nationals working in a different industry beyond the scope of the status of residence permitted by the Immigration Services Agency of Japan. Cases of international students working more than 28 hours in part-time jobs.

Penalties for Illegal Employment

Illegal employment subjects not only the foreign national but also those who cause or arrange illegal employment to penalties.

※ The offense of facilitating illegal employment carries imprisonment of up to 3 years or a fine of up to 3 million yen.

Claiming not to have known the content of the foreign national’s status of residence is not a valid excuse.

When hiring foreign nationals, checking the residence card is mandatory, so if a foreign national who is an overstayer is hired, that fact makes the employer subject to punishment.

In addition, forged residence cards that are difficult to judge at a glance are also in circulation, so it is advisable to reconfirm residence cards by comparing them against genuine cards.

If a Person Engaged in Illegal Employment Applies

If you realize that a foreign national you intended to hire is engaged in illegal employment, you need to take action such as contacting the Immigration Services Agency of Japan and advising the foreign national to appear in person.

Checking Residence Cards Is Important!

A residence card serves as identification for a foreign national residing in Japan. When hiring foreign nationals, it is important to carefully check the information written on the card. The main points to check are as follows.

● Whether work is permitted

First, whether the foreign national holds a status that permits work is determined by the type of status of residence written on the card. Check the “Work permission” field in the center of the card. You also need to check the expiration date of the period of stay below it.

●Knowing about statuses of residence that permit work

Among statuses of residence, foreign nationals other than Special Permanent Residents are, in principle, not permitted to work if they do not hold a residence card.

In addition, as exceptions, work may be permitted when it is noted in the passport that a residence card will be issued at a later date, when a period of stay of 3 months or less has been granted, or when statuses of residence such as “Diplomat” or “Official” have been granted.

●Also check the back of the residence card

When permission to engage in activity other than that permitted under the status of residence previously granted is recognized as a special measure, that permission is noted on the back of the residence card.

Foreign nationals on provisional release cannot work

A provisional release permit is a document issued to foreign nationals who are undergoing deportation procedures by the Immigration Services Agency of Japan, or who have already been issued a deportation order. If the condition “may not engage in an occupation or activities for which remuneration is received” is written on the back of the document, work is not permitted.

Submit the Notification of the Employment Status of Foreign Nationals

The Notification of the Employment Status of Foreign Nationals is a procedure that employers must complete in order to manage the employment status of foreign nationals and to make it easier for foreign nationals to find re-employment.

When you hire a foreign national or when a foreign national leaves employment, submit a notification to Hello Work.

A residence card number is required at the time of application, so do not forget it.

※ Failure to submit the notification results in a fine of up to 300,000 yen.

https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/koyou_roudou/koyou/gaikokujin/todokede/index.html

↑ Ministry of Health, Labour and Welfare: Notification of the Employment Status of Foreign Nationals

Prevent forged cards! Using the residence card reading app

The Residence Card and Related Documents Reading Application can be downloaded free of charge. It is a convenient app for verifying the authenticity of residence cards and can be used as a measure to prevent forged cards.

http://www.moj.go.jp/isa/publications/press/02_00002.html

Immigration Services Agency of Japan: Residence Card and Related Documents Reading Application

Four Key Points for Identifying Forged Cards

This is guidance published by the Ministry of Justice on how to identify forged cards.

Focus on four points on the residence card and look carefully to make your judgment.

● Check the color change of MOJ

Changes → genuine Does not change → forged

● Confirm that the hologram on the facial photo changes depending on the angle

Changes → genuine Does not change → forged

● Confirm that the vertical pattern on the left edge changes from green to pink

Changes → genuine Does not change → forged

● Confirm that watermark text appears on the back of the card

Appears → genuine Does not appear → forged

Summary

When hiring foreign nationals, you first need to confirm whether their status of residence permits work, or whether permission to engage in activity other than that permitted under the status of residence previously granted has been granted.

You can make this determination based on the information written on the residence card held by the foreign national. Measures are also needed to avoid becoming involved in malicious incidents involving forged cards and the like.

So that foreign nationals who are working legitimately do not suffer from a bad image spreading because of a portion of foreign nationals, hiring companies and accepting organizations need to take steps to identify illegal conduct.