On February 24, 2026, Ibaraki Prefecture unveiled a draft ordinance aimed at preventing unauthorized employment involving foreign nationals. The initiative follows growing concern about compliance risks for both employers and foreign workers.

According to official figures cited by the prefecture, Ibaraki recorded 3,452 detected foreign nationals in unauthorized employment in 2024—the highest number nationwide for three consecutive years. Approximately 2,589 (about 75%) were working in agriculture.

In a prefecture with a population of approximately 2.8 million, the figure of 3,452 is far from insignificant. This likely represents only the tip of the iceberg, with experts suggesting that the actual number of unauthorized employment cases may be much higher.

Why does Ibaraki Prefecture have such a high number of detected unauthorized employment cases?

Likely contributors include:

  • Severe labor shortages, especially in agriculture
  • The prefecture’s proximity to the Tokyo metropolitan area, facilitating the formation of foreign communities
  • Compliance gaps as more employers navigate immigration programs such as the Technical Intern Training Program and Specified Skilled Worker visa programs
  • Insufficient understanding of the status-of-residence framework

In response to this situation, Ibaraki Prefecture established the “Office for Promoting Proper Employment of Foreign Workers” within its Industrial Strategy Department this fiscal year, launching comprehensive countermeasures. The current ordinance proposal represents the culmination of these efforts.

A Thorough Explanation of the Draft Ordinance: What “No Penalties” Really Means

Let’s examine the distinctive features of the draft ordinance unveiled by Ibaraki Prefecture.

Key elements of the draft ordinance include:

[Clarification of Responsibilities]

  • Prefecture: Development and implementation of prevention measures
  • Business operators: Cooperation with initiatives and proper employment management
  • Residents: Understanding and cooperation

[Prefectural Authority]

  • Investigation of employment status at businesses
  • Reporting to police and other authorities when unauthorized employment is discovered

[Awareness Activities]

  • Designation of November as “Unauthorized Employment Prevention Promotion Month” each year
  • Implementation of public relations and awareness campaigns
  • Establishment of a cooperative framework among the prefecture, municipalities, businesses, and residents

The most noteworthy point is the “no penalties” design.

At first glance, this may seem to lack effectiveness. However, this design reflects a deeper intention.

Importantly, “no penalties” under the ordinance does not mean there is no legal risk: violations may still trigger enforcement under national laws, including immigration-related offenses.

What Ibaraki Prefecture aims to achieve is not “enforcement” but “prevention” and “awareness.” Rather than intimidating businesses with penalties, the approach focuses on spreading accurate knowledge and building a collaborative system to prevent unauthorized employment.

In fact, the prefecture has also established the “Foreign Talent Proper Employment Promotion Declaration System,” creating an environment where companies can voluntarily commit to proper employment practices. This approach emphasizes autonomy—companies doing it themselves rather than being forced to comply.

Additionally, the ordinance includes provisions for expanding Japanese language support and consultation services, clearly demonstrating a commitment to both creating an environment where foreign workers can thrive and preventing unauthorized employment.

Why Does Unauthorized Employment Occur? Three Root Causes Observed in the Field

As an administrative scrivener who has received numerous consultations from foreign nationals and companies, I’ve observed that the main causes of unauthorized employment can be condensed into three categories.

Cause 1: Complexity of the Status-of-Residence System and Lack of Understanding

Japan’s status-of-residence system is complex, with multiple categories and activity-specific work permissions.

For example:

  • “Engineer/Specialist in Humanities/International Services” does not permit unskilled labor
  • Students are not authorized to engage in remunerative activities by default, but may work part-time only if they obtain Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted (up to 28 hours per week)
  • Dependents also are not authorized to engage in remunerative activities by default, but may work part-time only with proper permission (up to 28 hours per week)
  • “Specified Skilled Worker (i)” permits work only in specific designated fields

In many cases, neither the foreign nationals themselves nor the employers fully understand these complexities.

“I’m a student, but going a little over 28 hours won’t be noticed, right?” “They have an Engineer visa, but we’re short-staffed, so let’s have them work on the factory line too.”

This “just a little bit” mindset leads to unauthorized employment.

Cause 2: Inadequate Management of Period of Stay

Every status of residence has an expiration date. There are cases where individuals continue working after losing their authorized status due to forgetting to renew or having their renewal application denied.

It’s not uncommon for employers to be unaware of their employees’ period of stay expiration dates or to leave it entirely to the employees themselves. By the time they notice, the employee may already be in a state of unlawful stay or unauthorized employment.

Cause 3: The Presence of Brokers and Unscrupulous Intermediaries

Unfortunately, there are unscrupulous brokers who engage in inappropriate placement practices between foreign nationals and companies.

They may provide false information such as “You can work with this status of residence” or conceal the need for a change in status of residence. Well-intentioned companies and foreign nationals can unknowingly become involved in unauthorized employment.

Basic Knowledge of Status of Residence: Essential Points for Employing Foreign Workers

Here is a summary of the minimum essential knowledge regarding status of residence for both employers hiring foreign workers and foreign nationals working in Japan.

Statuses of Residence With and Without Employment Restrictions

[No Employment Restrictions]

  • Permanent Resident
  • Spouse or Child of Japanese National
  • Spouse or Child of Permanent Resident
  • Long-Term Resident

Individuals with these statuses of residence can engage in any type of work.

[Limited Employment Content]

  • Engineer/Specialist in Humanities/International Services
  • Skilled Labor
  • Specified Skilled Worker
  • Technical Intern Training
  • Business Manager
  • And others

For these statuses, permissible work activities are specified for each category.

[Not Authorized for Remunerative Activities by Default (Limited Part-Time Work Possible with Proper Permission)]

  • Student
  • Dependent

Students and dependents are not authorized to engage in remunerative activities by default, but may work part-time only if they obtain Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted, up to 28 hours per week (students may work up to 8 hours per day during long vacations). However, work in the adult entertainment industry is prohibited.

How to Read a Residence Card

When employing foreign nationals, always verify their residence card.

Key points to check:

  1. Type of status of residence
  2. Period of stay expiration date
  3. Presence or absence of employment restrictions (noted on the back)
  4. Presence or absence of permission for activities other than that permitted (noted on the back)

As there are cases of forged or invalid residence cards, we recommend using the Immigration Services Agency’s online residence card number validity check to help identify invalid cards.

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

When students or dependents work part-time, they must obtain “Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted.” Working without this permission may subject both the individual and the employer to charges under immigration law.

Permission to engage in activity other than that permitted is noted on the back of the residence card. If it states “Permitted: Up to 28 hours per week in principle, excluding adult entertainment businesses,” permission has been granted.

Risks Faced by Companies: Legal Responsibilities Where “I Didn’t Know” Isn’t an Excuse

“I didn’t know” is not an excuse—this is the most critical point regarding foreign employment.

Offense of Promoting Unauthorized Employment (Immigration Control and Refugee Recognition Act, Article 73-2)

Offense of promoting unauthorized employment (Immigration Control and Refugee Recognition Act, Article 73-2) may apply to employers who hire individuals not authorized to work. Statutory penalties include imprisonment for up to three years or a fine of up to three million yen (or both).

In practice, “I didn’t know” is rarely a safe defense if the employer failed to take reasonable steps such as checking the residence card and work authorization.

Other Legal Risks

  • Employment Security Act violations: Such as hiring under false conditions
  • Labor Standards Act violations: Unfair labor conditions are not acceptable simply because the worker is foreign
  • Technical Intern Training Act violations: For technical interns, such as having them perform work outside the approved training plan

Social Risks

Beyond legal penalties, loss of social credibility poses a significant risk.

  • Public disclosure of company name through media coverage
  • Loss of trust from business partners
  • Negative impact on recruitment activities
  • Risk of license revocation for licensed businesses

In reality, news of companies caught employing unauthorized workers receives extensive media coverage and causes serious damage to corporate image.

Specific Checklist for Proper Employment

So how should companies properly employ foreign nationals? Here is a specific checklist.

[At Time of Hiring] □ Verify the original residence card (not a copy) □ Confirm validity of the residence card number through the Immigration Services Agency’s online system □ Check the type of status of residence □ Verify the period of stay expiration date □ Check for employment restrictions (noted on back of residence card) □ Verify permission for activities other than that permitted (for students and dependents) □ Confirm that planned work duties are permitted under the status of residence □ Identity verification with passport □ Prepare employment contract (preferably in both Japanese and native language) □ Submit “Report on Employment Status of Foreign Workers” to Hello Work

[During Employment] □ Establish a period of stay management system (alerts 3-6 months before expiration) □ Support period of stay renewal (as needed) □ Regularly confirm that work duties remain within the scope of the status of residence □ Comply with labor conditions (treatment equal to or better than Japanese employees) □ Enroll in social insurance □ Proper tax withholding □ Regular interviews and communication

[At Time of Separation] □ Submit “Report on Employment Status of Foreign Workers” to Hello Work □ Explain impact on status of residence (as needed) □ Process social insurance and tax-related procedures

[Internal Structure] □ Appoint a foreign employment management supervisor □ Develop internal manuals □ Conduct regular in-house training □ Establish cooperative relationships with specialists (administrative scriveners, social insurance labor consultants, etc.) □ Set up consultation services

Learning from Ibaraki Prefecture’s Initiatives: Becoming a “Company of Choice”

Ibaraki Prefecture’s current initiative is not merely about strengthening enforcement. It reflects a clear vision of becoming a “prefecture chosen by foreign workers.”

This applies equally to companies. In the coming era, becoming a “company chosen by foreign workers” will be a source of competitive advantage.

What Makes a “Company of Choice”?

1. Proper Employment Management System Companies with solid management of statuses of residence and thorough legal compliance are viewed by foreign workers as “safe places to work.”

2. Japanese Language Support Initiatives such as providing Japanese language education necessary for work and supporting everyday Japanese language needs increase retention rates for foreign talent.

3. Clear Career Paths It’s important for employees to see a clear path showing “If I work at this company, this is how I can grow.”

4. Cultural Consideration Careful considerations such as religious accommodations (prayer times, dietary restrictions), understanding cultural differences, and respecting holidays from their home countries build trust.

5. Life Support Support with setting up life in Japan immediately after arrival—securing housing, opening bank accounts, handling municipal procedures—provides significant peace of mind.

Ibaraki Prefecture’s “Foreign Talent Proper Employment Promotion Declaration System”

This system established by Ibaraki Prefecture allows companies to publicly demonstrate their commitment to proper employment practices.

By making the declaration:

  • Companies can demonstrate their compliance stance
  • It leads to recruitment of quality foreign talent
  • Enhances trust from business partners and customers
  • Makes it easier to receive information and support from the prefecture

Utilizing such systems is an important first step toward proper employment.

For Foreign Residents in Japan: Do You Properly Understand Your Status of Residence?

While I’ve primarily written from the employer’s perspective, there are important things for foreign residents in Japan to know.

Check Your Residence Card Right Now

1. When does your period of stay expire? → Renewal procedures can begin 3 months before expiration. Don’t wait until the last minute—apply with plenty of time to spare.

2. What is your status of residence? → Do you accurately understand whether it’s “Engineer/Specialist in Humanities/International Services,” “Student,” “Dependent,” etc.?

3. Is your current job permitted under that status of residence? → Are you a student working more than 28 hours per week? Do you have an Engineer visa but are doing unskilled factory work?

4. Have you obtained permission for activities other than that permitted? (For students and dependents) → Working part-time without permission can result in renewal denial or deportation.

“Just a Little Bit Should Be Okay” Is Absolutely Not Acceptable

“Just going a little over 28 hours” “My period of stay expired but I’ve applied for renewal, so it’s fine” “All my friends are doing it”

These ways of thinking are extremely dangerous. Immigration law violations can lead to:

  • Denial of status of residence renewal
  • Revocation of status of residence
  • Deportation (forced removal)
  • Landing denial period (period during which re-entry is prohibited)

Once you are deported, you cannot enter Japan for 5 years (in some cases, 10 years).

Consult Early When You Have Concerns

“My period of stay is approaching but I’m worried I can’t renew” “I want to change jobs but will my status of residence be okay?” “My company won’t let me quit” “My salary is different from what was promised”

If you have concerns like these, consult with a specialist immediately. If you address issues before they become serious, there are solutions available.

Consultation Resources:

  • Administrative scriveners (specialists in status of residence and visas)
  • Foreign Residents Support Center (FRESC)
  • Legal Support Center (Houterasu)
  • Foreign consultation services at local municipalities

When Should You Consult a Specialist?

Many people wonder “Is it okay to consult about something like this?” but in the following situations, we strongly recommend consulting with a specialist without hesitation.

[For Companies]

  • When hiring foreign nationals for the first time
  • When uncertain whether status of residence matches job duties
  • When an employee’s period of stay is approaching but renewal procedures haven’t progressed
  • When a foreign employee consults about changing jobs
  • When accepting technical interns or specified skilled workers
  • When conflicts arise with foreign employees
  • When reviewing employment management systems

[For Foreign Individuals]

  • When period of stay renewal is approaching
  • When considering a job change
  • When wanting to change status of residence (student → work, work → permanent residence, etc.)
  • When getting married or divorced
  • When conflicts arise with the company
  • When receiving notifications from immigration regarding status of residence
  • When wanting to bring family to Japan

Benefits of Early Consultation

1. More Options Available Before problems escalate, many countermeasures can be taken.

2. Time Flexibility Applications take time. Early consultation prevents last-minute panic.

3. Cost Savings Early response is more cost-effective than waiting until problems become complex.

4. Peace of Mind Having a specialist’s assurance that “this is fine” allows you to work or continue business with confidence.

What Administrative Scriveners Can Do

As specialists in immigration law, administrative scriveners provide support such as:

  • Application for Certificate of Eligibility (bringing foreign nationals from overseas)
  • Application for Change of Status of Residence (changing status of residence)
  • Application for Extension of Period of Stay (extending period of stay)
  • Application for Permission to Engage in Activity Other Than That Permitted (part-time work permission for students, etc.)
  • Application for Certificate of Authorized Employment (when changing jobs, etc.)
  • Application for Permanent Residence
  • Application for Naturalization (obtaining citizenship)
  • Foreign employment management support for companies
  • Consultation and advice regarding status of residence

Conclusion: What We Can Do Now to Realize a Multicultural Society

Ibaraki Prefecture’s draft ordinance to prevent unauthorized employment is not merely regulatory strengthening but a progressive initiative aimed at “proper management” and “coexistence.”

Japan will continue to become a society that cannot function without foreign talent. As the aging population progresses with declining birthrates, foreign talent is a vital presence supporting the Japanese economy.

However, sustainable coexistence is impossible without proper management.

To Business Owners

Foreign employment is not about “cheap labor.” With proper management and treatment, foreign workers become valuable human resources supporting companies long-term.

Please review your company’s foreign employment management system once again. If you have concerns, don’t hesitate to seek specialist assistance.

Like Ibaraki Prefecture’s “Foreign Talent Proper Employment Promotion Declaration System,” demonstrating a commitment to proper employment will become a source of corporate competitiveness going forward.

To Foreign Residents in Japan

To work and live in Japan with peace of mind, properly understand your status of residence.

Your future in Japan may be lost simply because “I didn’t know” or “my friends were doing it.”

If you have even slight concerns, consult early. Specialists exist to protect your life in Japan.

What We Can Do

As the Niseko Visa Application Support Center and as an administrative scrivener, I want to be a “bridge” between foreign nationals and Japanese society.

I want to explain complex systems in understandable terms, support proper procedures, and contribute to creating an environment where both foreign talent and companies can feel secure.

The “prefecture-wide initiative” that Ibaraki Prefecture’s draft ordinance aims for is a perspective necessary for all regions, all companies, and all people.

Not “enforcement” but “understanding and cooperation.” Not “exclusion” but “coexistence.”

I believe this approach is the path to realizing a multicultural society.

For consultations regarding foreign employment or status of residence, please feel free to contact our office. Initial consultations are free.

We’ll help turn your “Is this okay?” into “Yes, this is fine.”

Reference article: https://news.yahoo.co.jp/articles/c3804e8e5f2a52da1599aac9db106e74a74a08ad

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