- Introduction: A Major Shift in Foreign Employment Regulations
- What Are the Employer Guidelines on Foreign Employment?
- Three Key Points of the April 2026 Proposed Revisions
- Understanding the Foreign Employment Status Reporting System
- How to Verify a Residence Card: Using the Official Verification App
- Five Actions Employers Should Take Now
- A Message to Foreign Residents in Japan
- Timeline: When Will the Revised Guidelines Take Effect?
- Conclusion: Proper Employment Management Builds Trust and Protects Foreign Workers
Introduction: A Major Shift in Foreign Employment Regulations
On April 13, 2026, Japan’s Ministry of Health, Labour and Welfare (MHLW) officially announced its intention to revise the existing guidelines for employers who hire foreign nationals. The announcement was made during a subcommittee meeting of the Labour Policy Council. The revisions are aimed at preventing illegal employment by requiring employers to manage their foreign workforce more rigorously. A formal draft of the revised guidelines is expected to be submitted for consultation at the Council’s May meeting, with implementation to follow shortly thereafter.
For business owners and HR professionals who employ foreign nationals in Japan, this development calls for immediate attention and action. This article breaks down the key changes, explains the current reporting obligations, and outlines the practical steps your company should take now.
What Are the Employer Guidelines on Foreign Employment?
The MHLW’s employer guidelines on foreign employment serve as a framework for how businesses should manage the hiring and employment of foreign workers. While these guidelines do not carry the same force as statutory law, they represent the government’s official expectations and serve as a critical reference point for compliance.
The current guidelines cover areas such as:
- Precautions to be observed when hiring foreign nationals
- Prohibition of discriminatory treatment
- Obligation to clearly state working conditions
- Ensuring occupational health and safety
- Measures to maintain proper working conditions
These guidelines should be understood alongside the Immigration Control and Refugee Recognition Act (commonly referred to as the Immigration Control Act) and the Labour Standards Act, both of which impose legally binding obligations on employers.
Three Key Points of the April 2026 Proposed Revisions
The MHLW’s proposed revisions focus on three main areas:
Point 1: Employers’ Duty of Proper Employment Management Will Be Explicitly Stated
The revised guidelines will expressly state that “proper employment management is the duty of employers, including from the perspective of preventing illegal employment.” This is a significant addition. By formally characterizing employment management as an employer’s “duty,” the government is signaling that businesses will be held to a higher standard of accountability. In practical terms, this means that claiming ignorance — such as saying “we didn’t know the employee’s visa status was invalid” — will carry even less weight as a defense.
Point 2: Greater Awareness of Penalties for Reporting Violations
Under the existing foreign employment status reporting system, employers are legally required to report to the local Hello Work (Public Employment Security Office) whenever they hire or terminate a foreign employee. Failure to file a report, or filing a false report, is subject to a fine of up to 300,000 yen.
Despite this, many employers remain unaware of this penalty. The revised guidelines will explicitly reference the fine to ensure broader awareness and compliance.
Point 3: Recommendation to Use a Dedicated App for Residence Card Verification
Counterfeit residence cards have become increasingly sophisticated, making visual inspection alone unreliable. In response, the MHLW will recommend that employers use the official residence card verification application provided by the Immigration Services Agency of Japan. This app uses NFC technology to read the IC chip embedded in residence cards, allowing employers to confirm the card’s authenticity quickly and reliably.
Understanding the Foreign Employment Status Reporting System
Let’s review the key elements of the reporting system that all employers of foreign nationals must follow.
When Must You Report?
- When hiring a foreign national
- When a foreign national leaves employment
Where Do You Report?
- The Hello Work office with jurisdiction over your business location
What Information Must Be Reported?
- Full name
- Status of residence (visa category)
- Period of stay
- Date of birth
- Gender
- Nationality or region
- Whether permission for activities other than those permitted by the status of residence has been granted
Reporting Deadlines
- For employees covered by employment insurance: at the same time as the employment insurance notification
- For employees not covered by employment insurance: by the last day of the month following the date of hire or separation
Penalties for Non-Compliance
- A fine of up to 300,000 yen
This reporting obligation applies to all foreign workers except Special Permanent Residents. It includes part-time and casual workers, so employers must be especially careful not to overlook these categories.
How to Verify a Residence Card: Using the Official Verification App
Checking a foreign employee’s residence card is a fundamental step in the hiring process. Here is what employers should verify:
Visual Inspection Checklist
- Does the status of residence match the type of work the employee will perform?
- Is the period of stay still valid (not expired)?
- Are there any restrictions on employment noted on the card?
Using the Official App
The Immigration Services Agency of Japan provides the Residence Card Verification App, which reads information stored on the IC chip of the residence card using a smartphone’s NFC function. This enables employers to confirm whether a card is genuine or counterfeit.
The app is straightforward to use and requires no specialized knowledge. With the revised guidelines officially recommending its use, employers who have not yet adopted it should do so promptly.
Five Actions Employers Should Take Now
In light of the upcoming guideline revisions, here are five steps every employer should prioritize:
- Re-verify the residence status and period of stay of all current foreign employees.
Review the residence cards of your existing foreign staff to confirm that their visa categories are consistent with their job duties and that their periods of stay have not expired. - Install and implement the residence card verification app.
Download the official app from the Immigration Services Agency and integrate it into your onboarding and HR verification processes. - Audit your past reporting to Hello Work.
Check whether all required notifications have been filed for both current and former foreign employees. Pay particular attention to part-time and casual workers, whose reporting is often overlooked. - Update your internal employment management procedures.
Revise your company’s HR manual to reflect the new guidelines once finalized, and ensure that all relevant staff — not just the HR department — are informed. - Consult a qualified professional.
If you have any uncertainty about visa verification, reporting procedures, or compliance requirements, consult a certified administrative scrivener (gyoseishoshi) or other immigration specialist. Professional guidance based on up-to-date regulatory knowledge is one of the most effective ways to manage compliance risk.
A Message to Foreign Residents in Japan
This guideline revision is also important news for foreign nationals living and working in Japan.
Stronger employment management standards mean fewer gray areas where illegal employment can take root — and better protection for those who hold valid residence statuses and work lawfully. If your employer asks to see your residence card, this is a normal part of proper employment management, and you can cooperate with confidence.
Conversely, if your employer has never asked to verify your residence card, it may be worth considering whether their employment practices are fully compliant.
If you have any concerns about your own residence status or are unsure about how to renew your period of stay, a certified administrative scrivener can provide the guidance you need.
Timeline: When Will the Revised Guidelines Take Effect?
The MHLW plans to submit the draft revisions to the Labour Policy Council subcommittee in May 2026 for formal consultation. After deliberation, the revised guidelines are expected to be officially published and take effect.
Reports indicate that no significant objections were raised at the April 13 meeting, suggesting that the revisions will proceed largely as proposed. Employers are well advised to begin reviewing their internal practices now, rather than waiting for the final text to be released.
Conclusion: Proper Employment Management Builds Trust and Protects Foreign Workers
The MHLW’s decision to revise its employer guidelines on foreign employment represents a clear step toward higher compliance standards for businesses that hire foreign nationals in Japan.
Key takeaways:
- “Proper employment management is the duty of the employer” will be explicitly stated in the guidelines.
- Penalties of up to 300,000 yen for reporting violations will be highlighted for broader awareness.
- The use of the official residence card verification app will be formally recommended.
Now is the time for employers to review their systems and ensure full compliance before the revised guidelines take effect.
If you need assistance with visa applications, residence status procedures, or employment compliance, please do not hesitate to consult a certified administrative scrivener. We are here to help create a workplace where foreign talent can thrive with confidence.
Source: “Optimizing Management of Foreign Employment: MHLW to Revise Employer Guidelines” (Kyodo News / Yahoo! News Japan)
https://news.yahoo.co.jp/articles/de05bff812f54a58761655ebb3fb7e213d159872
