- 1. Introduction: Lessons from the Illegal Employment Case at a Chinese Restaurant in Tokyo
- 2. What Is the “Engineer/Specialist in Humanities/International Services” Residence Status?
- 3. Why Is It Prohibited to Employ Someone as Restaurant Floor Staff?
- 4. What Is Permission to Engage in Activities Other Than Those Permitted? Application Methods and Precautions
- 5. Risks of the Offense of Facilitating Illegal Employment: Legal Responsibilities Borne by Companies
- 6. Three Essential Points to Check When Hiring Foreign Workers
- 7. List of Permitted and Non-Permitted Work by Residence Status
- 8. Learning from Cases: Watch Out for These Scenarios!
- Case 1: Making an International Student Work 30 Hours per Week
- Case 2: Convenience Store Cashier Work with Engineer/Specialist in Humanities/International Services Status
- Case 3: Continuing Employment Without Noticing Expiration of Residence Period
- Case 4: Having Someone Engage in Side Work Without Obtaining Permission for Activities Outside Residence Status
- 9. Specific Countermeasures and Compliance Systems Companies Should Implement
- 10. Benefits of Consulting with an Administrative Scrivener and Support Services
- 11. Conclusion: Toward Compliant Employment of Foreign Workers
1. Introduction: Lessons from the Illegal Employment Case at a Chinese Restaurant in Tokyo
In February 2026, an incident occurred in Taito Ward, Tokyo, where a restaurant owner was arrested for illegally employing a foreign worker. This case serves as a prime example of how “lack of knowledge” and “weak compliance awareness” in foreign worker employment can create significant legal risks.
The arrested owner (31 years old, Chinese national) had employed a Chinese national employee (26 years old) as restaurant floor staff from early October to late November 2025. However, the employee held an “Engineer/Specialist in Humanities/International Services” residence status, which does not permit unskilled work such as restaurant service.
What makes this case even more problematic is that the owner stated, “I knew he had the ‘Engineer/Specialist in Humanities/International Services’ residence status, but I didn’t think it violated Japanese law.” This incident demonstrates how the mistaken belief that “not knowing” is acceptable can lead to serious legal consequences for businesses.
In this article, using this case as an example, we will provide an easy-to-understand explanation from an administrative scrivener’s perspective, covering everything from basic knowledge about residence statuses in foreign worker employment to the risks companies face and specific countermeasures.
2. What Is the “Engineer/Specialist in Humanities/International Services” Residence Status?
The “Engineer/Specialist in Humanities/International Services” residence status (often abbreviated as “Gijinkoku”) is one of the most common work-related residence statuses obtained by foreigners working in Japan. This status is granted for work that requires specialized knowledge or technical skills, such as the following:
[Examples of Permitted Work Activities]
- Interpretation/Translation
- Language teachers
- IT engineers/Programmers
- Marketing/Public relations
- Trade operations
- Designers
- Planning and management roles
What these activities have in common is that they “require specialized knowledge or technical skills.” Jobs that utilize academic or professional knowledge, or positions requiring practical work experience, are eligible.
[Examples of Non-Permitted Work Activities]
- Restaurant floor/kitchen staff
- Factory line work
- Simple construction labor
- Cleaning services
- Convenience store cashier work
These are considered “unskilled labor” and are not permitted under this status.
3. Why Is It Prohibited to Employ Someone as Restaurant Floor Staff?
The problem in this case was that an employee holding the “Engineer/Specialist in Humanities/International Services” residence status was employed as restaurant floor staff.
Under Japan’s Immigration Control Act, the “authorized activities” are strictly defined for each residence status. If someone is made to work in violation of these regulations, the following legal responsibilities arise:
[For the Foreign National]
- Offense of illegal employment (Immigration Control Act Article 70)
- Up to 3 years imprisonment with or without labor, or a fine of up to 3 million yen
- Subject to deportation proceedings
[For the Employer]
- Offense of facilitating illegal employment (Immigration Control Act Article 73-2)
- Up to 3 years imprisonment or a fine of up to 3 million yen
- For corporations, fines are also imposed on the corporate entity (corporate liability provisions)
In other words, “not knowing” is not an excuse, and employers can face criminal liability.
4. What Is Permission to Engage in Activities Other Than Those Permitted? Application Methods and Precautions
If you wish to have someone engage in work not permitted under their residence status, you are required to obtain “Permission to Engage in Activities Other Than Those Permitted Under the Status of Residence Previously Granted.”
[Types of Permission for Activities Outside Residence Status]
Comprehensive Permission This is obtained when international students or dependents work part-time. Work is permitted for up to 28 hours per week (for students, up to 8 hours per day during long vacations such as summer break).
Individual Permission This is obtained when a foreigner with a work visa engages in work outside their primary duties. For example, when someone with an Engineer/Specialist in Humanities/International Services status works part-time at a restaurant on weekends.
[Application Method]
- Applications are submitted to the Regional Immigration Services Bureau
- Approximately 2 weeks to 1 month from application to approval
- A permission seal or notation is added to the back of the residence card
[Precautions]
- Engaging in activities outside the permitted scope without permission constitutes illegal employment
- Employment in businesses related to the sex industry is not permitted
- Permissions often have time restrictions
5. Risks of the Offense of Facilitating Illegal Employment: Legal Responsibilities Borne by Companies
This offense applies when employers illegally hire foreign nationals. The following three cases apply:
1. Employing Illegal Residents Employing foreign nationals whose residence period has expired or who are overstaying
2. Making Someone Engage in Activities Outside Their Status Having someone engage in work not permitted under their residence status (this case falls under this category)
3. Making Someone Work Beyond the Scope of Permission for Activities Outside Residence Status Making international students work more than 28 hours per week, etc.
[Penalties]
- Up to 3 years imprisonment or a fine of up to 3 million yen
- For corporations, fines are also imposed on the corporate entity (corporate liability provisions)
- Possibility of administrative sanctions (business suspension, etc.)
- Loss of corporate reputation, damage to business relationships
As such, the offense of facilitating illegal employment carries severe penalties for companies.
6. Three Essential Points to Check When Hiring Foreign Workers
When hiring foreign workers, employers should verify the following three points:
✅ Check 1: Verify the Residence Card
The residence card contains the following information:
- Name, date of birth, nationality
- Type of residence status
- Period of stay expiration date
- Whether there are employment restrictions
[Verification Method]
- Check both the front and back of the residence card
- Confirm the expiration date has not passed
- Verify that the residence status type matches the work to be performed
✅ Check 2: Compatibility Between Residence Status and Work Content
Verify that the work activities permitted under the residence status match the actual work to be performed.
[Common Mistakes]
- Making someone with Engineer/Specialist in Humanities/International Services status perform unskilled labor
- Making international students work more than 28 hours per week
- Making dependents work without permission for activities outside residence status
✅ Check 3: Presence of Permission to Engage in Activities Other Than Those Permitted
Check whether there is a “Permission to Engage in Activities Other Than Those Permitted” seal or notation on the back of the residence card. Even if permission exists, the person must work within the permitted scope.
7. List of Permitted and Non-Permitted Work by Residence Status
Here is an overview of major residence statuses and their permitted work activities:
Engineer/Specialist in Humanities/International Services
◯ Interpretation/translation, IT engineers, marketing, trade operations ✕ Restaurant floor staff, factory line work, cleaning
Skilled Labor
◯ Foreign cuisine chefs, precious metal processing, animal training, etc. ✕ General restaurant floor staff, unskilled labor
Specified Skilled Worker
◯ Specified work in 17 fields including nursing care, construction, agriculture, food and beverage manufacturing ✕ Work outside designated fields
Student
◯ Part-time work up to 28 hours per week with permission for activities outside residence status ✕ Sex industry-related businesses, work exceeding 28 hours per week
Dependent
◯ Part-time work up to 28 hours per week with permission for activities outside residence status ✕ Sex industry-related businesses, work exceeding 28 hours per week
Permanent Resident/Spouse of Japanese National/Long-Term Resident
◯ No employment restrictions (any type of work permitted)
8. Learning from Cases: Watch Out for These Scenarios!
Case 1: Making an International Student Work 30 Hours per Week
→ Permission for activities outside residence status is limited to 28 hours per week. Excess hours constitute illegal employment.
Case 2: Convenience Store Cashier Work with Engineer/Specialist in Humanities/International Services Status
→ Considered unskilled labor and constitutes illegal employment.
Case 3: Continuing Employment Without Noticing Expiration of Residence Period
→ Constitutes employment of an illegal resident, and the offense of facilitating illegal employment applies.
Case 4: Having Someone Engage in Side Work Without Obtaining Permission for Activities Outside Residence Status
→ Individual permission for activities outside residence status is required for work outside primary duties.
9. Specific Countermeasures and Compliance Systems Companies Should Implement
To avoid risks in foreign worker employment, companies should implement the following countermeasures:
[Countermeasure 1] Careful Verification of Residence Status Before Employment
- Can be verified through the Residence Card Number Invalidation Information Verification Site (Immigration Services Agency)
- Implementation of residence period management systems
[Countermeasure 2] Implementation of Internal Training
- Training for HR personnel to learn basic knowledge about residence statuses
- Information sessions for foreign employees on Japanese labor and immigration laws
[Countermeasure 3] Collaboration with Experts
- Establish advisory contracts with administrative scriveners and attorneys for ongoing consultation
- Compliance review of employment contracts
[Countermeasure 4] Regular Verification of Residence Card Renewals
- Support for renewal procedures for employees whose residence period is approaching
- Re-verification of residence cards after renewal
[Countermeasure 5] Establishment of Compliance Systems
- Appointment of a foreign employment management officer
- Implementation of internal audits
10. Benefits of Consulting with an Administrative Scrivener and Support Services
Procedures related to foreign worker employment are complex and require specialized knowledge. Consulting with an administrative scrivener offers the following benefits:
[Benefit 1] Thorough Legal Compliance
Expert verification of compatibility between residence status and work content prevents illegal employment risks in advance.
[Benefit 2] Expedited Procedures
Procedural representation in complex procedures such as visa applications and applications for permission for activities outside residence status ensures smooth progress.
[Benefit 3] Crisis Support
In the event of problems, appropriate advice and support are provided as an expert.
[Our Office’s Support Services]
- Compatibility check between residence status and work content
- Procedural representation for visa application/renewal/change procedures
- Support for applications for permission to engage in activities outside residence status
- Compliance review of employment contracts
- Corporate compliance training
- Regular residence management support
11. Conclusion: Toward Compliant Employment of Foreign Workers
This incident has highlighted the risks of foreign worker employment where “not knowing” is not an excuse. Mismatch between residence status and work content is a serious violation that carries criminal liability for companies.
Effectively utilizing foreign talent while establishing a thoroughly law-compliant employment environment leads to sustainable corporate growth and social trust.
If you have any concerns at all about whether your company is fully compliant, please consult with an expert. By establishing appropriate procedures and management systems, you can create a workplace where both companies and employees can work with confidence and stability.
Our office handles all consultations related to foreign worker employment. Initial consultations are free, so please feel free to contact us.
[Reference News] “I Don’t Think It Violates Japanese Law” – Chinese Restaurant Owner in Tokyo Arrested for Illegal Employment – Hired Employee with Wrong Residence Status as Restaurant Floor Staff https://news.yahoo.co.jp/articles/6752cde57c81acf68224d0f6f4ba6b954c9267fe
