Introduction: Illegal Employment Is No Longer “Someone Else’s Problem”

In March 2026, The Asahi Shimbun reported on a development in Gunma Prefecture that caught the attention of business owners and HR professionals dealing with foreign employment across Japan. The prefecture, together with 11 industry associations, signed the “Stop Illegal Employment and Promote Symbiosis Gunma Declaration,” with Governor Ichita Yamamoto personally taking the lead in efforts against illegal employment.

According to the Immigration Services Agency of Japan (ISA), 1,799 foreign nationals were identified as illegally employed in Gunma Prefecture in 2024 — the third-highest figure among all 47 prefectures. Yet this is not a problem confined to Gunma. In an era where information about “places where you can work without status” spreads across borders through social media, illegal employment has become a real and present compliance risk for companies in every region of Japan.

This article, written from the perspective of a Gyoseishoshi lawyer (Certified Administrative Procedures Legal Specialist) specializing in immigration and status-of-residence applications, examines the structural issues behind the news and outlines concrete steps that foreign residents and employers should take without delay.

1. What Is the “Stop Illegal Employment Gunma Declaration”? Why Local Governments Are Stepping In

In September 2025, Gunma Prefecture and 11 of its industry associations announced the “Stop Illegal Employment and Promote Symbiosis Gunma Declaration.” This is not merely a statement on stricter enforcement; it is a positive commitment to building “a community where law-abiding foreign workers and law-abiding companies thrive together.”

Of particular note is the prefecture’s original initiative launched in June 2025. Using information provided by the national government, the prefecture identifies companies employing foreign nationals and asks them to register details such as the number and nationalities of their foreign employees through the prefecture’s official LINE account. The goal is to encourage voluntary compliance awareness among employers — a model that may well be adopted by other prefectures across Japan.

Why are local governments going this far? The answer is straightforward: foreign workers are no longer a “supplementary labor force.” They have become essential to the regional economy. Leaving illegal employment unaddressed distorts competitive conditions for compliant employers and undermines the integrity of the entire local community.

2. “You Can Work Here” — Social Media and the New Structure of Illegal Employment

A senior officer of the Gunma Prefectural Police made a critical observation: “Foreign nationals are exchanging information on social media saying, ‘Even people without valid status can find work in Gunma.'” Illegal employment has evolved into an information-network phenomenon.

Foreign nationals who remain in Japan past their period of stay search on social media for “places that will hire them” and move accordingly. Within this structure, even well-intentioned companies can inadvertently employ individuals without valid work authorization — through inadequate verification of residence cards, over-reliance on staffing agencies, or lax management of visa renewal deadlines. Such oversights carry serious legal risk.

Article 73-2 of the Immigration Control and Refugee Recognition Act (the “Act on Promoting Illegal Employment”) provides for imprisonment of up to three years or a fine of up to 3 million yen. Furthermore, following the 2024 amendments, the offense now covers cases involving negligence as well — meaning that “I didn’t know” is no longer a viable defense.

3. “Cleaning Under Engineer/Specialist in Humanities/International Services Status” Is No Longer Tolerated

One of the most instructive examples in the article concerns long-established ryokan (traditional Japanese inn) in Shima Onsen. Previously, all of the inn’s foreign employees held the status of “Engineer/Specialist in Humanities/International Services” (commonly called “Gi-Jin-Koku”), a category reserved in principle for university-graduate-level professional and technical work. Simple labor tasks are not permitted under this status.

In the hospitality industry, however, a loose interpretation had long circulated: that tasks “near the front desk,” such as lobby cleaning, might be acceptable. Some staffing agencies, operating without full legal understanding, went further and assigned foreign Gi-Jin-Koku employees to room cleaning and trash disposal.

The key development is that, in the latter half of the 2020s, the ISA has shifted decisively toward stricter residence-status administration. The gray-zone practices of the past are no longer viable. President of this Ryokan began transitioning his foreign employees to Specified Skilled Worker (SSW) status several years ago — a management decision that reflects a clear reading of this regulatory trend.

Is Your Company Safe? Key Points for Each Status of Residence

  • Engineer/Specialist in Humanities/International Services (Gi-Jin-Koku)
    Interpretation, translation, planning, marketing, engineering, etc. Simple labor is in principle not permitted.
  • Specified Skilled Worker (SSW), Types 1 and 2
    Permitted in 14 designated industrial fields, including on-site manual work.
  • Technical Intern Training (scheduled for abolition around 2027) / Employment for Skill Development (new program)
    Aimed at skill acquisition; reforms are underway, including relaxed transfer restrictions.
  • Highly Skilled Professional
    Points-based preferential treatment, with a relatively broad scope of permitted activities.

A clear written inventory of “which status each foreign employee holds, and what duties they actually perform” is the indispensable starting point for any compliance program.

4. The Era of “Quantitative Influence” — Foreign Talent as a Strategic Asset

Attorney Shohei Sugita, a recognized expert on foreign employment, made a striking comment in the article: “More companies are committed to following the rules of the residence-status system. This is because the number of foreign employees they rely on has grown, making them indispensable to business operations. ‘Quantitative influence’ has begun to take effect.”

This concept of “quantitative influence” is essential for understanding the future of foreign employment in Japan. Foreign employment was once viewed as a stopgap for labor shortages. Today, in hospitality, elderly care, construction, food processing, logistics, and many other industries, business continuity itself is no longer possible without foreign workers.

As a result, companies can no longer adopt the attitude that they are “doing foreign workers a favor by hiring them.” On the contrary, unless a company becomes “an employer of choice for foreign talent,” it will lose the competition for human resources. And the first requirement for becoming such an employer is compliance — a sound, lawful employment environment.

5. For Foreign Residents: How to Protect Yourself When You Want to Change Jobs or Face an Expiring Period of Stay

There is important information that foreign residents in Japan should also keep in mind.

Under the Technical Intern Training and Specified Skilled Worker categories, changing employers is in principle restricted. If you leave a poor working environment and begin working at another company without following the proper procedures, your activity may be treated as “unauthorized activity” and classified as illegal employment.

However, as the Koutsuu Union (Transport Workers’ Union) secretary-general noted in the article, “Depending on the circumstances, extensions of the period of stay and transfers to other employers may be possible.” The critical point is this: do not try to handle it alone — consult a specialist as early as possible.

  • You want to leave your company because of harassment or unpaid wages
  • Your period of stay is approaching expiration, but your renewal documents are not ready
  • You are considering a change of status due to marriage or childbirth
  • You wish to switch to Specified Skilled Worker or Highly Skilled Professional status

In each of these situations, options exist: consulting a Gyoseishoshi lawyer, a labor union, or a foreign resident support organization. Silence and resignation can permanently close doors that remain open to you.

6. Seven Actions Employers and HR Teams Should Take Immediately

Here is a practical checklist for strengthening foreign employment compliance.

  1. Verify Original Residence Cards and Centrally Manage Expiration Dates
    Establish an internal system that monitors renewal timing, not just at the point of hire.
  2. Review the Alignment Between Residence Status and Actual Duties
    Use clear job descriptions to confirm that Gi-Jin-Koku employees are not, in substance, performing simple labor.
  3. Align Employment Contracts With Residence Status
    Prepare contract templates that clearly specify the scope of duties and working conditions for each status.
  4. Consider Transition to Specified Skilled Worker Status
    Rather than stretching Gi-Jin-Koku beyond its legal scope, switching to the appropriate status is more stable over the long term.
  5. Move Beyond Full Reliance on Staffing Agencies
    Staffing agencies do not bear full responsibility. Ultimate employer liability rests with the accepting company.
  6. Hold Regular Internal Study Sessions
    Immigration and labor laws are amended frequently. Organize company-wide learning sessions at least once or twice a year.
  7. Engage Professional Advisors on an Ongoing Basis
    Coordinate with Gyoseishoshi lawyers, Labor and Social Security Attorneys (Shakaihoken Roumushi), and attorneys-at-law to prevent risks before they materialize.

7. How a Gyoseishoshi Lawyer Can Help — Protecting Both Employers and Foreign Workers

As specialists in status-of-residence and visa applications, Gyoseishoshi lawyers serve as a bridge between companies and their foreign employees.

For employers, we offer services including residence-status suitability assessments at the recruitment stage, legal review of employment contracts, consulting on residence-period management, and support during ISA inspections.
For foreign residents, we assist with changes, renewals, and permanent residence applications, family visa applications, and applications for naturalization.

“We’re probably fine” — this word, “probably,” is often where a crisis quietly begins. Conversely, a single comprehensive review with a professional can secure an environment in which you focus on your core business with confidence.

Conclusion: A Symbiotic Society Begins With Companies That Follow the Rules

Gunma Prefecture’s “Stop Illegal Employment and Promote Symbiosis Declaration” is more than an enforcement-oriented initiative. It is a forward-looking commitment to “a society in which companies and foreign workers who follow the rules prosper together.”

The ISA’s stricter administration, the flow of information in the social media age, and the “quantitative influence” of foreign talent — only companies that can respond to these megatrends will survive and thrive in the decade ahead.

  • “I have some concerns about our foreign employment practices.”
  • “I’m not fully clear on the difference between Gi-Jin-Koku and Specified Skilled Worker.”
  • “I want to build a proper system for managing residence periods.”

Whenever such questions arise, please feel free to consult a Gyoseishoshi lawyer. We are here to support the future of your company and your foreign colleagues with the full strength of the law.

▼ Reference article (The Asahi Shimbun)
https://digital.asahi.com/articles/ASV3S443RV3SUHNB001M.html?iref=pc_rellink_02

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