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The phone rang first thing in the morning.
I answered, “Good morning”.
At the same time, “I am hiring foreigners, but I will be arrested by the police?” There was a question.
It is a noisy phone from the morning.
Surprisingly there are many people who think that in the world, “If you hire him without knowing foreigners you may be arrested.”
Certainly, arrest may be possible depending on the situation, but confirmation is necessary before that.
Penalties and penalties for “illegal employment promotion crime” are indicated in Article 73-2, Paragraph 1 of the Immigration Control Act.
“Importer imprisonment with work for not more than three years or a fine of not more than three million yen, or both.”
It’s pretty tough penalty and fine.
Combined courses mean that penalties and penalties may be imposed on both.
For example, you may be sentenced to three years’ imprisonment as a penalty and you may pay ‘3 million yen fine.’
“Illegal employment promotion crime” that sometimes appears on this blog.
Even if there is no feeling of causing a crime, you may be charged with promoting illegal employment without your knowledge.
- 0. Surprisingly it is a familiar illegal employment promotion crime.
- 1. Illegal work is
- 2. Promoting illegal employment What kind of person is to be a crime?
- 3. There is no excuse for not knowing.
- 4. What should I do in order not to be a crime to promote illegal employment?
0. Surprisingly it is a familiar illegal employment promotion crime.
For example, Foreigner A works as an accounting employee in an ordinary company with the status of residence ” “Engineer / Specialist in Humanities / International Services”.
The “period of stay (expiration date)” written on that resident card was January 15, 2016.
There are surprisingly many foreigners who do not care much about the period of stay, and “It is over, that period of stay has passed more than a year ago!” It is in a panic.
To prevent such a situation, the management of the period of stay is basically a double check between the foreigner and the company.
Let’s step through in order from “what is illegal work” in the first place.
1. Illegal work is
1－1. Illegal residents work.
It is to work in the state of illegal residents, such as illegally landed in Japan, visa remains expired and so on.
Originally, because it is illegal stay, it is not amusing to be forcibly repatriated.
Under such conditions, of course, it is not allowed to work.
1－2. Working while not receiving permission from Immigration Bureau
In cases where you work in spite of entering at a short-term visa such as travel or acquaintance visit, or when a foreign holder of a non-working visa (study abroad, family stay etc) carries out “work permitted outside the status of qualification” What does not happen suits.
When a foreigner in Japan conducts “activities outside the status of qualification” to earn money, it is mandatory that you must take “permission for activities outside your status” in advance.
“Activities outside the status of qualification” mentioned here refers to the contents of activities (labor) that are prescribed by the Immigration Control Act, but may be carried out for each visa they possess.
1－2－1. Reference example
For example, Mr. A, a Chinese who has the status of residence “College Student” is a university and is studying economics.
In this case, it is prohibited principle that “International student A” will work part-time in Japan as “non-qualification activity”.
Even if Employer B, who is a convenience store operator, does not know the fact that Mr. A does not possess “permission to engage in activities other than permission”, it is illegal for A to work part-time at a convenience store.
Naturally, Mr. B is charged with promoting illegal employment.
Since this case is many, attention is necessary.
As a precaution, there are three points as follows.
- The time of part-time job shall be within 28 hours per week.
- Manners and customs are prohibited.
- There must be a deadline for “permission for activities outside the status of qualification”.
Regarding the deadline of permission for activities outside the status of residence in particular, since it is stated on the residence card, confirmation with the period of stay is required.
Further attention! Even though international students are permitted to engage in activities other than their status of qualification
Recently there are many foreign students who have obtained permission to do activities other than their status, but they have multiple part-time jobs.
Even in this case, it must be within 28 hours a week by totaling two cases.
In such a case, if the employer of a certain part-time worker knows the fact of the other part-time worker, for example, there is a possibility of being accused of illegal employment promotion as the worst case.
1－3. I got a fee other than my activity permitted by my visa
Even if you have a work visa, “Foreigner’s activities (actions and jobs in Japan) do not match visa (possession of residence) possessed, and you earn income and reward” This is the case.
All foreigners have come to Japan with activity contents corresponding to visa (status of residence).
It is basically not permitted to continue staying in Japan for a long period of time after visiting Japan, finding a job properly and working.
Foreigner C who has a “Engineer / Specialist in Humanities / International Services” visa as a representative of a white-collar work visa can be hired as a salesperson in a company and will work.
However, it is not permitted to carry out a cashier’s part-time job at a convenience store at the time when the night is vacant.
It is assumed that you are required to carry out activities according to your visa (in this case, the work specified in “Engineer / Specialist in Humanities / International Services”).
In this case, a person who is in a position like an employer D who hired C to a convenience store that operates often makes excuses that “I did not know that Mr. C could not work part-time.”
However, excuses are not made and are charged with illegal employment promotion charges.
What you can excuse is when you are not paid, and at that time you will also have OK activities outside your status.
In other words, it is volunteer activity (unpaid).
Based on these, let’s see what kind of person is charged with illegal employment promotion crime.
2. Promoting illegal employment What kind of person is to be a crime?
2-1. Those who caused foreigners to engage in illegal work regarding business activities
It is a corporation or individual who let foreigners work by knowing that they will be illegally employed.
Whether a corporation receives a sentence of imprisonment, it is enough for a company operating as a company with several thousands of companies to have imprisonment if the contents are malignant, even if the executive who is said to be the representative director is sentenced to imprisonment You can.
The president of the company (representative director), representative, responsible person etc will be punished.
To be illegal at a company is that it is better not to think that directors are not involved.
2-2. Person who placed the foreigner under his control to make foreign worker illegally working
This is a person who provided villagers etc. to illegal foreigners, put them under passports so as not to escape, or put them under control in effect by burdening immigration expenses, etc.
2-3.Those who have caused or mediated unlawful employment activities
「As an business, a business of causing a foreigner to engage in illegal work or a person who has mediated relating to the act of the preceding item」
That is what we call a “broker”.
Not only those who make illegal labor but also those who mediate foreigners to such malicious dealers will be subject to punishment.
Because it is said to be “as a business”, it is a person who repeatedly performs it as a job multiple times.
However, it is not a good thing because it is one time.
3. There is no excuse for not knowing.
It is said that excuses such as “I did not know English that I can not speak English, so I did not know that foreigner is a foreigner working illegally” does not hold true.
Let’s see the case where an excuse does not hold from next.
3－1. When a foreigner has the following circumstances
Even if you hire a foreign national as shown below without knowing circumstances, it is said that “illegal employment promotion crime” is questioned.
#1：Those who do not have a valid passport
#2：Person who landed in Japan without permission from the immigration inspector to land
#3：Person who canceled visa
#3-2：Those who have overstayed
#3-3：A spouse or the like of a Japanese citizen or a spouse of a permanent resident who remains in Japan after 6 months or more has lost a visa due to divorce or death of the other party
#5：Persons who remain in Japan after the period of stay has not been renewed or changed（Over Stay）
#7：A person who has been granted permission for landing for calling on port of call, permission for landing on ship sightseeing, permission for transit landing, permission for crew landing, permission for emergency landing, permission for landing due to distress or landing for temporary asylum, Persons who remain in Japan after the period stated in the permit
#7-2：Foreign nationals who have been granted permission to landing aboard a passenger ship, those that remain in Japan after a period of time specified in the passport or the relevant permit
#7-3：In the case where it is deemed that it is inappropriate to give a crew member crew permission to landing on the crew, it shall designate the period necessary for returning home or leaving Japan.
Those who received a designation of the period and who will not return home or leave Japan within that period
#8-2：Those who received a departure order and remain in Japan after the departure deadline pertaining to such departure order
#8-4：What remains in Japan after the temporary stay period
Even without knowing the circumstances of these foreigners, it is said that if you employ, you will be charged with illegal employment promotion charges.
4. What should I do in order not to be a crime to promote illegal employment?
“Confirmation of residence card and passport” is required.
For information on how to confirm the residence card, please see the following article.
You can see how to confirm the residence card.
From the residence card, it is necessary to confirm that you have a visa (status of residence) possessed or whether or not permission to engage in activities other than your status of residence is permitted.
Even if I neglect this, the excuse that I did not know is not satisfied.
Confirmation is regarded as an obligation of the employer.
If you have any problems or doubts, we encourage you to ask immigration offices and experts instead of hiring them immediately.
- Penalties for promoting illegal employment, penalties for penalties for penalties as penalties, imprisonment with imprisonment of 3 years or less, or payment of a fine of 3 million yen or less, or both.
- Not only that the illegal workers themselves will be forcibly removed but also businesses hiring without knowing it can be charged with illegal employment promotion charges.
- When hiring foreigners, please check passport and residence card, be sure to confirm the content of activity, the period of stay, and whether or not permission for activities outside the status of qualification is permitted.
- If there is a problem, we recommend that you ask the Immigration Bureau and experts.