Introduction

In August 2026, an illegal employment case at a Vietnamese restaurant in Kawaguchi City, Saitama Prefecture, highlighted the critical importance of “Permission to Engage in Activity Other Than That Permitted Under Status of Residence” (資格外活動許可) in foreign employment. In this case, three employees with student and dependent residence statuses were found working beyond the legally permitted 28 hours per week, leading to the arrest of the business owner for violating the Immigration Control and Refugee Recognition Act.

This comprehensive guide explains everything foreign residents in Japan and HR personnel at companies employing foreign nationals need to know about this permission system, from basic concepts to practical considerations.

1. What is Permission to Engage in Activity Other Than That Permitted?

1-1. Basic Concept of the System

“Permission to Engage in Activity Other Than That Permitted Under Status of Residence” is authorization required when engaging in paid activities outside those permitted under one’s current residence status. For example, international students are in Japan primarily to study; therefore, they need separate permission to work part-time jobs.

1-2. Applicable Residence Statuses

Main residence statuses requiring this permission:

  • Student (留学)
  • Dependent (家族滞在)
  • Cultural Activities (文化活動)

Since these residence statuses do not have employment as their primary purpose, permission is mandatory for income-generating activities.

1-3. Types of Permission

There are two types of permission:

Comprehensive Permission

  • Work up to 28 hours per week allowed
  • Up to 8 hours per day during designated long vacation periods
  • No restrictions on workplace or industry type (except adult entertainment)

Individualized Permission

  • Authorized for specific employer and job content
  • Time limits set individually
  • Reapplication required when changing jobs

2. Details of the 28-Hour Rule

2-1. Why 28 Hours?

The 28-hour weekly limit is designed to prevent interference with the primary purpose of residence (studies or family life). The assumption is approximately 4 hours daily × 7 days per week, or a distribution utilizing weekends.

2-2. Important Points for Time Calculation

  • Multiple Jobs Combined: When working at multiple locations, all working hours must be totaled to stay within 28 hours per week
  • Week Start Date: Calculated by calendar week (Sunday to Saturday)
  • Break Time Handling: Rest breaks are not included in working hours, but standby time is included

2-3. Long Vacation Period Exception

During summer, winter, and spring vacation periods designated in educational institution regulations:

  • Up to 8 hours per day
  • Approximately 40 hours per week possible
  • Verification with enrollment certificates issued by the school required

3. Lessons from the Recent Case

3-1. Case Overview

At the Vietnamese restaurant in Kawaguchi City, from March to June 2026, three Vietnamese employees were made to work beyond the regulated hours. The employees stated they worked long hours “to cover living expenses.”

3-2. Problems on the Employer Side

The employer:

  • Failed to properly manage employee working hours
  • Made false reports regarding working hours
  • Had been previously arrested twice for Labor Standards Act violations

This pattern of repeated violations demonstrates a systematic disregard for legal compliance.

3-3. Risks for Employees

Two of the three employees were arrested for violating the Immigration Control Act (unauthorized activities). Even with circumstances such as “needing living expenses,” the fact of legal violation remains unchanged.

4. Legal Obligations for Employers

4-1. Pre-Employment Verification Duties

Residence Card Verification

  • Front: Name, date of birth, residence status, period of stay
  • Back: Presence of permission for activities other than permitted (verify permission stamp)
  • Expiration date confirmation

Identifying Counterfeit Cards

  • Presence of hologram
  • IC chip installation verification
  • Check using Immigration Services Agency’s Residence Card Number Invalidation Information Inquiry System

4-2. Working Hours Management Obligations

  • Accurate recording with time cards or shift schedules
  • Confirmation of hours worked at other part-time jobs
  • Weekly working hours calculation and verification
  • Confirmation of long vacation periods and adjustment of time management

4-3. Record Retention Obligations

Under the Labor Standards Act, the following records must be retained for three years:

  • Employee roster
  • Wage ledger
  • Attendance record
  • Copy of residence card

4-4. Periodic Renewal Verification

Residence statuses and permission for activities other than permitted have expiration dates:

  • Verify period of stay (renewal possible from 3 months before expiration)
  • Confirm changes in permission content
  • Track graduation or changes in residence status

5. Penalties for Violations

5-1. Penalties for Employers

Immigration Act Violation (Facilitating Illegal Employment)

  • Imprisonment for up to 3 years
  • Or fine of up to 3 million yen
  • Or both

Labor Standards Act Violation

  • Imprisonment for up to 6 months
  • Or fine of up to 300,000 yen

Impact on Companies

  • Loss of social credibility
  • Deterioration of relationships with business partners
  • Restrictions on future foreign employment

5-2. Penalties for Workers

Deportation
Violation of activity restrictions constitutes grounds for deportation. If deported:

  • Entry to Japan prohibited for 5 years (10 years in serious cases)
  • Family members may also be affected

Revocation of Residence Status
Residence status may be revoked by the Minister of Justice.

Impact on Future

  • Disadvantage in visa renewal/change applications
  • Negative impact on permanent residence applications
  • Grounds for rejection of naturalization applications

6. Checklist for Proper Employment

6-1. At Time of Hiring

□ Verify residence card (both sides)
□ Confirm presence of permission for activities other than permitted
□ Confirm period of stay
□ Verify presence of other part-time jobs
□ Check entry records in passport
□ Create employment contract
□ File notification with Hello Work

6-2. During Employment

□ Calculate and verify weekly working hours
□ Check hours when creating shifts
□ Confirm long vacation periods and adjust hours
□ Periodically verify residence card (recommended every 3 months)
□ Pay appropriate wages
□ Clarify working conditions

6-3. At End of Employment

□ Store employment records (3 years)
□ File notification with Hello Work
□ Settle unpaid wages
□ Process social insurance procedures

7. Frequently Asked Questions (FAQ)

Q1: Can I work multiple part-time jobs?
A: Yes, but the total hours worked at all workplaces must be within 28 hours per week.

Q2: Is it a violation if I exceed 28 hours by just a few minutes?
A: Legally, it constitutes a violation. However, minor excesses without malicious intent may result in administrative guidance only.

Q3: Do employers have an obligation to verify how much employees work elsewhere?
A: While not explicitly a legal obligation, verification is strongly recommended to avoid facilitating illegal employment.

Q4: Can international students work part-time during job hunting after graduation?
A: Yes, if they change their residence status to “Designated Activities” and obtain new permission for activities other than permitted.

Q5: What happens if I work without permission for activities other than permitted?
A: It constitutes illegal employment and may result in deportation or revocation of residence status. Consult a specialist immediately.

8. Proper Application Procedures

8-1. How to Apply for Permission

Application Location

  • Regional Immigration Services Bureau
  • Branch offices

Required Documents

  • Application for Permission to Engage in Activity Other Than That Permitted
  • Residence card
  • Passport
  • Student ID card (for students)
  • Enrollment certificate and academic transcript (for students)

Application Timing

  • Concurrent with application for Certificate of Eligibility
  • At airport upon entry
  • Additional application while in Japan

Processing Period

  • Approximately 2 weeks to 1 month
  • Same day for airport applications

8-2. Employer Support

Support employers can provide:

  • Explanation of how to fill out application forms
  • Issuance of planned employment certificates when needed
  • Provision of working hours management system
  • Regular consultation opportunities

9. Practical Advice for Avoiding Problems

9-1. Advice for Foreign Workers

When Living Expenses Are Insufficient

  • Utilize scholarship programs
  • Consult student affairs office at school
  • Check municipal support systems
  • Absolutely avoid illegal employment

Where to Consult When in Trouble

  • International student office at school
  • Regional Immigration Services Bureau
  • Foreign Residents Support Center (FRESC)
  • Specialists such as administrative scriveners
  • Free consultation services for foreign residents

9-2. Advice for Employers

For Proper Employment Management

  • Regular training for HR personnel
  • Creation of foreign employment manual
  • Advisory contracts with specialists
  • Information exchange through industry associations
  • Working hours management with digital tools

Compliance Framework

  • Implementation of internal audits
  • Utilization of legal compliance checklists
  • Employee education
  • Swift response when problems are discovered

10. Conclusion

Permission to engage in activity other than that permitted is a crucial system enabling foreign residents to live stably in Japan and allowing companies to employ foreign nationals properly.

For Foreign Residents:

  • Strictly observe the 28-hour rule
  • Pay attention to total hours when working multiple jobs
  • Always consult specialists when in trouble
  • Do not sacrifice your future for short-term income

For Employers:

  • Verification of residence cards and permission is essential
  • Establish rigorous working hours management systems
  • Provide appropriate explanation and education to employees
  • Legal compliance leads to corporate trust

The number of foreign workers in Japan continues to increase year by year. To realize a multicultural society, an attitude of mutual respect while following rules is indispensable.

The Kawaguchi City case demonstrates that legal responsibility cannot be excused by “not knowing” or “having no choice.” By possessing correct knowledge and following appropriate procedures, we can create an environment where foreign workers and employers alike can work with peace of mind and develop their businesses safely.

If you have questions or concerns, we recommend consulting a specialist. Receiving appropriate advice can prevent many problems before they occur.

Source: https://news.yahoo.co.jp/articles/32e778902ba599c188489f4136ff178e5fc071f4

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