1) Article content
According to the article (Suspicion of promoting illegal employment: Hamamatsu restaurant manager and Filipino nationality woman arrested (2024/01/12: Shizuoka Shimbun) (Japanese Only)), three Filipino women were arrested for illegally working at a restaurant in Hamamatsu City. , a social restaurant employee (55) in Hamamatsu City, on suspicion of violating the Immigration Control and Refugee Act (encouraging illegal employment); Three female dancers, all Filipino nationals and in their 20s to 30s, were arrested on suspicion of being involved in activities other than permitted.
The article continues. Suspected of having three female dancers residing in the country with “entertainment” status engage in activities outside of their status, such as entertainment. According to the Joint Investigation Headquarters, the suspect was a sales manager who was in charge of picking up and dropping off employees. The three female dancers were arrested on suspicion that between November and December of the same year, they worked multiple times as hostesses providing entertainment and received compensation, despite not having received permission to engage in activities other than that permitted under the status of residence previously granted. “
2) There are requirements for activities other than permitted.
First of all, “activities other than permitted” refers to activities that earn income other than activities stipulated in the status of residence granted to a foreign national.
When residing in Japan, he/she can only have one status of residence (the principle of one residence, one status of residence), so in order to engage in activities other than that permitted under the status of residence previously granted, he/she must obtain permission to engage in activities other than that permitted under the status of residence previously granted. (There are no restrictions on activities for status-based residence statuses such as spouses of Japanese nationals.)
A typical example of an activity other than permitted is when a person with a “Student” or “Dependent” residence status engages in part-time work. In this case, he/she does not need to apply each time when there is a change in employment for up to 28 hours per week. (This is called blanket permission.)
Other possible examples include the following:
- Performers who came to Japan with the “Entertainer” status of residence give lectures at universities between concerts and receive compensation. (Lectures at universities are considered “art.”)
- A foreigner who is residing in Japan to train in Japanese pottery making under the “Cultural Activities” status of residence works part-time at a convenience store.
Now, there are requirements for activities other than permitted, and in particular, the following activities are not permitted.
- Activities that are deemed to violate laws and regulations
- Activities conducted in adult entertainment business etc.
Though the article at the beginning said “they do not have permission to engage in activities other than permitted”, hostesses who provide entertainment fall under the category of adult entertainment business, so they would not have received permission to engage in activities other than permitted anyway.
3) The crime of promoting illegal employment can be committed even if it is not intentional.
A person who causes or facilitates illegal employment will be charged with promoting illegal employment and will be sentenced to imprisonment for up to 3 years or a fine of up to 3 million yen.
Even if the act was not intentional as in the case mentioned above, the same crime can be committed even if the act was negligent, such as not checking the residence card.
The fact that there is no negligence because the employer checks the residence card means the following:
- Employer confirms that the foreign national holds the correct status of residence for the employer’s business.
- When side job (other than employer’s business) is granted, employer confirms the foreign national holds the correct permit for the job’s business.
On the other hand, what happens when a foreigner engages in activities other than permitted without the knowledge of his/her employer?
Since it is difficult for an employer to be aware of this, it is hard to imagine a case where the employer will be accused of negligence, but in order to eliminate the possibility of being accused of the same crime, the following content should be included in the employment contract or written oath, etc.
- (If side jobs are not permitted) Do not engage in activities that earn compensation other than company work
- (If side jobs are permitted) If he/she engages in activities that earn remuneration other than company work, he/she must report the details to the company.
- Never engage in side jobs such as adult entertainment business that are not recognized as activities other than permitted.