A man who ran a company that illegally dispatched a total of 18,000 foreign workers over the past two years has been arrested. (2024/08/21 ABEMA TIMES)
The crime of promoting illegal employment is a crime established under Japanese law to punish acts that encourage illegal employment of foreigners. If a foreigner wants to work in Japan, he or she must have the appropriate status of residence. If you do not have a status of residence or are working beyond the permitted scope, the act is considered “illegal work.” Acts that encourage illegal employment are subject to criminal penalties.
1.Legal basis for 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 (hereinafter referred to as the Immigration Control Act). According to this provision, the following acts will be punished as promoting illegal employment.
- Employment of illegal workers: Making a foreigner work beyond the scope permitted by his or her residence status, or making someone without a residence status work.
- Act of requesting or intermediating illegal employment: knowingly requesting or intermediating illegal employment.
- Acts of providing accommodations to assist illegal employment: Providing housing, tools, or other accommodations to assist illegal employment.
Those who commit these acts may be sentenced to imprisonment for up to 3 years, a fine of up to 3 million yen, or both.
2.Application of the crime of promoting illegal employment at dispatch destinations
The crime of promoting illegal employment usually targets employers, temporary staffing agencies, etc., but the question may arise as to whether this crime also applies to companies that receive temporary employment.
(1) Possibility of liability of dispatch destination
If the dispatching company knew or could easily have known through due diligence that the dispatched worker was an illegal worker, the crime of promoting illegal employment may apply. For example, if a dispatch company dispatches a foreign worker without following the appropriate procedures, and the dispatch company fails to confirm the foreign worker’s residence status, the dispatch company can also be held liable for the crime of promoting illegal employment. Possibly.
Furthermore, similar liability may arise if the dispatched company instructs the dispatched worker to perform work beyond the scope permitted by the worker’s status of residence. In this case, the dispatch company is considered to have encouraged illegal employment and may be subject to punishment.
(2) Countermeasures in practice
The following countermeasures are effective for dispatching companies to avoid the risk of being charged with promoting illegal employment.
- Careful consideration when choosing a temporary staffing company: It is important to select a reliable temporary staffing company and check whether the company properly manages the immigration status of foreign workers.
- Confirming the immigration status of foreign workers: As a dispatch company, you are responsible for confirming that the immigration status of the foreign workers you accept is appropriate. Specifically, we check the residence cards of dispatched workers and confirm whether their qualifications are suitable for the work to be accepted.
- Appropriate work instructions: It is necessary to give temporary work instructions to temporary workers within the scope of their status of residence. In the unlikely event that an employee is instructed to perform work that is not permitted under the status of residence previously granted, the company to which the employee is dispatched may also be subject to charges of promoting illegal employment.
(3) Legal opinions and precedents
Past court precedents and legal interpretations are helpful in determining whether the crime of promoting illegal employment applies to the dispatch destination. In Japanese courts, an important criterion for judgment is often whether the sending company was aware of the illegal employment, or whether it could have recognized it by paying attention. If the company is aware of the situation, or fails to take appropriate action despite being aware of it, the company will be subject to punishment.
3.Summary
The crime of promoting illegal employment is an important provision for ensuring the legal employment of foreign workers. Companies receiving foreign workers may also be subject to this crime, so they must be careful when accepting foreign workers. In particular, it is essential to confirm the residence status of dispatched workers and give them appropriate work instructions.
By taking appropriate legal action, companies can avoid the risk of charges of promoting illegal employment and maintain a healthy working environment. Fulfilling legal responsibilities towards foreign workers is also important for fulfilling corporate social responsibilities.