- Introduction: Overview of the Case
- What is the Crime of Promoting Illegal Employment
- Technical Intern Training System and Management of Period of Stay
- Corporate Responsibility in Foreign Employment
- Hiroshima Oyster Farming and Foreign Workers
- Background of Illegal Employment
- What Companies Should Do to Prevent Illegal Employment
- Toward a Symbiotic Society with Foreign Workers
- Conclusion
Introduction: Overview of the Case
On June 15, 2026, Hiroshima Prefectural Police arrested an oyster farming business operator on suspicion of violating the Immigration Control and Refugee Recognition Act (promotion of illegal employment). The suspect allegedly employed four Vietnamese technical intern trainees whose period of stay had expired at his aquaculture company.
In this case, four Vietnamese technical intern trainees were arrested in May on suspicion of illegal stay without renewing their period of stay, and the involvement of the employer emerged during the investigation.
This case is not a distant matter for all companies that accept foreign workers. This article explains the legal risks and importance of proper management systems in foreign employment through this case.
What is the Crime of Promoting Illegal Employment
The “crime of promoting illegal employment” is stipulated in Article 73-2 of the Immigration Control and Refugee Recognition Act. Specifically, the following acts are applicable:
・Employing persons staying illegally
・Making them do work not permitted by their status of residence
・Making foreign nationals work without permission for activities outside their status
If charged with this crime, imprisonment for up to three years or a fine of up to 3 million yen may be imposed. In the case of corporations, under dual liability provisions, the corporation itself may also be subject to fines.
In this case, the issue was continuing to employ technical intern trainees whose period of stay had expired. Once the period of stay expires, the foreign national becomes an “illegal resident” and loses the right to work. Employing foreign nationals in such a state is a violation of the law, even if done out of goodwill or sympathy.
Technical Intern Training System and Management of Period of Stay
The Technical Intern Training Program is a system aimed at developing human resources in developing countries. Technical intern trainees are granted a status of residence called “Technical Intern Training” and are permitted to learn specific skills within a certain period.
The period of stay for technical intern training is divided as follows:
・Technical Intern Training No. 1: Within 1 year
・Technical Intern Training No. 2: Within 2 years
・Technical Intern Training No. 3: Within 2 years
A total stay of up to 5 years is possible, but renewal procedures for the period of stay are required at each stage. If this procedure is neglected, the status of residence becomes invalid and the person becomes an illegal resident.
In this case, the technical intern trainees reportedly did not receive renewal of their period of stay. In such cases, the employer has an obligation to manage the period of stay and support the renewal procedures at the appropriate time.
Corporate Responsibility in Foreign Employment
Companies employing foreign nationals have the following legal responsibilities:
1. Obligation to Verify Residence Cards
When hiring, it is necessary to check the residence card and verify the following points:
・Type of status of residence (technical intern training, specified skilled worker, permanent resident, etc.)
・Expiration date of period of stay
・Presence or absence of employment restrictions
2. Management of Period of Stay
When the period of stay is approaching, it is necessary to urge the foreign national to renew the procedures or establish a system to support the procedures as a company.
3. Confirmation of Work Activities Permitted
The work activities permitted are determined for each status of residence. For example, technical intern trainees cannot be engaged in work other than that described in the training plan.
4. Ensuring Proper Working Conditions
It is necessary to guarantee working conditions equivalent to Japanese workers for foreign workers. Compliance with the Labor Standards Act is required regarding wages, working hours, holidays, etc.
Hiroshima Oyster Farming and Foreign Workers
Hiroshima Prefecture accounts for about 60% of Japan’s oyster production, making it the largest oyster-producing area in Japan. Oyster farming is a traditional industry in Hiroshima and an important industry supporting the regional economy.
However, oyster farming sites are characterized by heavy labor and high seasonality, making it difficult to secure Japanese workers. Therefore, many oyster farmers accept technical intern trainees.
Foreign workers are not merely supplementing the labor force, but are important partners supporting Japan’s regional industries. Therefore, it is essential to establish proper acceptance systems and comply with laws and regulations.
Background of Illegal Employment
Why does illegal employment occur? The background includes the following factors:
1. Lack of Understanding of the Status of Residence System
The status of residence system is complex, and there are cases where management of small and medium-sized enterprises do not fully understand the system.
2. Anxiety Due to Labor Shortage
Due to serious labor shortages, there are cases where verification of the period of stay is neglected due to the anxiety that “we must have them work anyway.”
3. Circumstances of Foreign Nationals
Foreign nationals themselves may neglect renewal procedures for their period of stay or continue illegal stay because they do not want to return home.
4. Deficiencies in Supervising Organizations and Support Systems
When accepting technical intern trainees, supervising organizations need to provide proper management, but there are cases where this function is not fully performed.
What Companies Should Do to Prevent Illegal Employment
To prevent illegal employment in foreign employment, the following measures are important:
1. Regular Verification of Residence Cards
Check residence cards regularly, not only at the start of employment, to verify whether there are changes in the period of stay or employment restrictions.
2. Introduction of Period of Stay Management System
Manage the expiration date of the period of stay with calendars or systems so as not to miss the renewal timing.
3. Consultation with Specialists
Consult with administrative scriveners specializing in visa applications and status of residence to carry out proper procedures.
4. Implementation of In-house Education
Conduct training on the status of residence system for personnel managers and field supervisors to deepen understanding.
5. Cooperation with Supervising Organizations and Registered Support Organizations
When accepting technical intern trainees or specified skilled workers, cooperate closely with supervising organizations and registered support organizations to receive appropriate support.
Toward a Symbiotic Society with Foreign Workers
Japan is expected to deepen its dependence on foreign workers in the future. In 2023, the number of foreign workers working in Japan exceeded 2 million.
Foreign workers not only supplement Japan’s labor shortage but also bring diversity and enrich local communities. However, proper acceptance systems and legal compliance are prerequisites for this.
The case of Hiroshima oyster farming has once again shown the legal risks in foreign employment and the importance of proper management systems. Companies have a responsibility to respect foreign workers and provide proper working environments.
Conclusion
The illegal employment promotion case in the oyster farming industry in Hiroshima Prefecture is an important case showing the importance of legal compliance in foreign employment.
Employing foreign nationals whose period of stay has expired is a serious violation of the law that may result in criminal liability for the employer. Companies have a responsibility to properly manage the status of residence and period of stay and establish proper acceptance systems.
Foreign workers are important partners supporting Japan’s regional industries. By conducting proper employment management, it is possible to create an environment where both companies and foreign workers can work with peace of mind.
If you have concerns or questions about foreign employment or status of residence, please consult with an administrative scrivener specializing in visa applications. Proper procedures and management systems are the first step to protecting corporate trust and building good relationships with foreign workers.
Article URL: https://news.yahoo.co.jp/articles/e0e9bdb5aace975bee3ab67087159bf33f07a3ae
