Recruitment of foreigners for the first time Precautions to prevent illegal employment

As a consultation often received from foreign hiring managers of companies, "I'm worried that I might end up working illegally without my knowledge.There is something like that.
Penalties are also imposed on companies for promoting illegal employment, so you cannot get away with not knowing about it.

"What should corporate foreign employment managers pay attention to?Is explained in an easy-to-understand manner by an administrative scrivener who is a professional in immigration law.

XNUMX. XNUMX.What is illegal employment promotion crime and illegal employment activity?

The most important thing that companies should be careful about when hiring foreigners is that they may hire foreigners who are not allowed to work and make them work.Penalties for promoting illegal employmentIt is to avoid receiving.

Illegal employment promotion crimeIs a crime stipulated in Article 73-2 of the Immigration Control and Refuge Act.It is stipulated as follows.

Article 73-2 A person who falls under any of the following items:Imprisonment for up to two yearsOrFines up to 300 million yenbe punished with, or concurrently with.

1. (1) A person who causes a foreign national to engage in illegal employment activities in connection with business activities.
2. (Ii) A person who puts this under his control in order to make a foreigner engage in illegal employment activities.
3. (iii) A person who, in the course of his/her business, engages in an act of causing a foreign national to engage in illegal employment activities or mediating the act set forth in the preceding item.

As a premise of the contents of XNUMX to XNUMX, first of all, "Illegal employment activityI need to explain what it is.

There are three types of "illegal employment activities" as follows:

① When employing and working with illegal immigrants or deportees

(Ex)

• ・ People who have smuggled in or whose period of stay has expired work
• ・ People who have already been deported work

② When employing and working foreigners who have not received permission to work from the Immigration Bureau

(Ex)

• ・ People who enter Japan for the purpose of short-term stay such as sightseeing work
• ・ International students and those applying for refugee status work without permission

Foreigners who come to Japan with a "short-term stay" visa for sightseeing or visiting relatives cannot work in Japan.
In addition, international students with "Student" visas and foreigners with "Dependent" visas are generally not allowed to work and cannot be employed.
However, by obtaining permission to engage in activities other than that permitted under the status of residence previously granted, you will be able to work within a range that does not interfere with the original purpose of your stay (as a general rule, within 28 hours a week).

③ When working beyond the scope approved by the Immigration Bureau

(Ex)

• ・ A person who is allowed to work as a cook for foreign cooking or a teacher at a language school works as a simple worker at a factory / business establishment.
• ・ International students work more than the number of hours permitted by the permission for activities outside the status of qualification

Illegal employment is most often detected in the above three cases.

So-called recognized in Japanwork visaIt is,There are different types depending on the content of work, etc.
There are different types of visas, such as a ``skilled'' visa if you are a chef of foreign cuisine, and a ``technical/specialist in humanities/international services'' visa if you are engaged in work that requires a certain level of academic background. However, you cannot receive compensation from activities outside the scope of your approved visa.
For example, a foreigner who has been granted an "Engineer/Specialist in Humanities/International Services" visa to work in sales or marketing cannot receive compensation for working as a customer service or cashier at a convenience store.
Also, foreigners who have a "study abroad" visa or a "family stay" visaAllowance for activities outside your statusIf you have a part-time jobPart-time job beyond the time limit of 28 hours a weekWhen doing (overwork)Illegal employment activity will be important.

2. Contents of the crime of promoting illegal employment

Now, based on the contents of illegal employment activities mentioned above, let's take a look at the contents of the crime of promoting illegal employment one by one.

(1) A person who causes a foreign national to engage in illegal employment activities in connection with business activities.

"Making illegal employment activities" means that employers, etc. are in a better position than foreigners and encourage foreigners to engage in illegal employment activities by taking advantage of that position. Says.
In addition, not only the employer but also the employee in a supervisory position may be judged as the entity that causes illegal employment activities.

(Ii) A person who puts this under his control in order to make a foreigner engage in illegal employment activities.

"Placed under self-control" means that the relationship of instruction and subordination is recognized by placing the foreigner who is illegally working under a state that can influence the will of the foreigner.
For example, if it is found that it is difficult to leave the company by providing housing to the foreigner you are hiring, keeping your passport from the foreigner, or making you borrow money, this issue May be applicable.

(iii) A person who, as a business, engages in an act of causing a foreign national to engage in illegal labor activities or mediating the act set forth in the preceding item.

"As a karma" does not mean getting paid,Repeatedly and continuouslyOrHave that intentionIf it is recognized, it corresponds to "as a business".
The reason why such responsibility is imposed on the company and the purpose of the crime of promoting illegal employment are due to illegal employment activities.Profitable companies should also be held accountableThe principle of indemnity and illegal employment activitiesPrevent illegal employment activities by punishing companies as wellIs on the point.

Regarding the crime of promoting illegal employmentThe company's "did not know" claim does not work. The claim that he did not know the rules of the Immigration Control Act also does not hold water.
However,If it is determined that there was no negligence, no liability will be imposed..
In order to be found not to have been at fault, it is essential to confirm the original residence card or passport held by the foreigner and to have a correct understanding of immigration laws.
"I didn't know" is not enough, and I will be held responsible.It is safe to obtain immigration knowledge and make an advisory contract with an expert.

3. Specific points to note when hiring foreigners

What specific points should I be careful about when interviewing foreigners for illegal employment?

① Check the original passport

Passport expiration dateLet's check if it has expired.

② Confirmation of residence status (visa)

In order to confirm what kind of activities the foreign national is currently engaged in in Japan,"Residence card"Check the driver's license-sized card.
The residence card contains information such as the type of residence status (visa) and whether or not you can work..
From the type of visa and whether or not you can work, we will confirm whether you can legally engage in the work you want to do after hiring.
If there is a statement in the work availability column that you cannot work, and if the visa type is "College Student" or "Family Stay",Non-qualified activity column on the back of the residence cardAnd confirm that you have permission for activities outside the status of qualification.
In addition, the type of status of residence (visa) may be described as "specific activity".There are various types of this "specific activity", and the specific activities that are permitted are written on a small piece of paper called a "designation form" affixed to the passport. For foreigners with a "specific activity" visaDesignation form affixed to the original passportLet's check.

③ Check the expiry date of your visa

The residence card also shows the expiry date of the foreigner's current visa. It is also essential to check that the period of stay has not expired.
If you want to check whether the residence card is valid just in case, the application provided free of charge by the Immigration Bureau of Japan (⇒ You can get it from here), So you can check it.If counterfeiting is suspectedYou may consider using such.

Even if you ask a foreigner to show their passport or residence card during a job interview, if they say, ``I don't know if the job content matches the type of visa I need,'' or ``I don't know if I should really hire you, I'm worried.''Consult an administrative scrivener who is an expertWe recommend that you do.