To the Management] One Perspective to Ensure that Hiring Foreign Nationals Does Not End with "Filling a Manpower Shortage

December 25, 2025

When I am involved in the field of visa application, many clients tell me, "We just don't have enough people. We receive earnest inquiries from clients saying, "We just don't have enough people, even if they are foreigners, we need them as soon as possible.

However, although it is very painful, we sometimes tell our clients that "hiring in the current state is too risky for your company. This is because hiring foreigners without updating the "mind-set" of management could lead to fatal losses for the company.

In this issue, from my position as a visa specialist, I would like to share with you the "truth about global management" that I hope executives and senior management will face directly.

TOC

1. abandon the assumption that "Japan is the country of choice

Although the number of visa applications continues to increase, the internal situation has changed dramatically. In the past, "being able to work in Japan" itself was a strong incentive, but now, with rising wages in Asian countries and the weak yen, Japan has become just "one of many options.

Risk Identity:. If there is a sense of "I'm hiring you" at the executive level, it will always show in the treatment and communication.
Result:. The best talent will leave for competitors with better conditions, or for Europe, the U.S., or the Middle East. All that remains is the negative asset of "early turnover" after paying high placement fees to hire them.

2. "Go where the locals go" lowers productivity.

The notion that "it is worse to be unfamiliar with Japanese business practices" is now a business risk.

Expert Perspective:. The people we deal with who have status of residence such as "Technical/Humanities/International Services" have a high level of expertise.
Risk Identity:. Imposing Japan's unique "vague instructions," "inefficient meetings," and "long hours of restraint" as Japanese-style virtues will not only reduce their productivity, but will also be a decisive factor in their judgment that "this company has no future.

3. compliance with "global standards

Hiring foreigners is accompanied by strict legal rules, namely the Immigration Control and Refugee Recognition Act. However, even more frightening is the "reputation risk.

Spreading the word through social networking:. In the unlikely event of discriminatory or unfair treatment within the company, it is instantly spread on social networking sites in the native language.
Management Impact:. Once a company is labeled as a "company that treats foreign workers unfairly," subsequent recruitment becomes hopeless, and the company loses social credibility with its overseas business partners.

Proposals from Gyoseishoshi Lawyers to Management: Elevating the Employment of Foreign Nationals to a "Management Strategy

Companies that have successfully hired foreign nationals have the following "three resolutions" in common with their management teams.

Transparency" of evaluation criteria:. Top management itself must approve a system in which evaluation is based on numbers and results, not on feelings or customs.
Cross-cultural" as a hint for improvement:. To have a vessel to absorb questions that foreign employees may have, such as "Why is this work necessary?" as an opportunity to improve operational efficiency.
Respect as equal "partners":. To instill within the company an attitude of treating people as like-minded professionals regardless of their nationality.

What we can do for you

The visa process is only the beginning. Our goal is to help your company evolve into a globally competitive organization through due process.

I'm concerned about our company's acceptance system and how we can deepen the understanding of our board members."Please feel free to contact us with any concerns you may have. We will provide you with advice that goes beyond documentation and looks ahead to your company's growth over the next 10 years.

The "Illegal Employment Facilitating Crime" Trap Lurking in the Employment of Foreign Nationals

-- Risk of criminal penalties and social sanctions faced by board members

In hiring foreign nationals, the most important thing that management must not neglect is compliance with the "Immigration Control and Refugee Recognition Act" (Immigration Control and Refugee Recognition Act). In particular, the "crime of encouraging illegal employment (Article 73-2 of the Immigration Control and Refugee Recognition Act)" carries the risk of severe punishment not only for those in charge on the front lines, but also for management and executives who give instructions or approve of such actions.

1. a typical case of "officer standing" that actually occurred

An analysis of past cases of detection reveals a common pattern in the cases in which officers are brought to justice.

Case A: Insufficient confirmation of status of residence and "tacit approval When a director of a manufacturing company, suffering from a labor shortage, received a report from the field that his visa had expired but he wanted to let him continue working as is because he could not find a replacement, he instructed him to let him continue for now so that he could take the necessary procedures later. Result A police raid resulted in the officers themselves being booked for "aiding and abetting illegal employment". The corporation was also fined a large sum of money.
Case B: Easy Interpretation of "Activities Outside the Scope of Qualification Foreign nationals with visas for "technical, humanities, and international services" were assigned to work at construction sites and on factory lines because the company was short of workers. The executives were aware that there would be no problem since they were working for the same company. Result The manager was caught by the management responsible for having the employees engage in unauthorized work (simple labor). The company's social credibility was damaged, leading to the termination of contracts with major clients.

2. "I didn't know" is no longer acceptable: The trend toward harsher penalties

The penalties for the crime of encouraging illegal employment are extremely heavy.

Penalty: imprisonment for not more than 3 years or a fine of not more than 3 million yen (or both)

What is important here,Even if a person "did not know that he or she was working illegally," if he or she was negligent in failing to check, he or she is subject to punishment.This is the point. The excuses "I left it to the field" or "I thought the administrative scrivener was doing it for me" are not acceptable in front of the police or prosecutors.

3. "Reputation risk," which is more damaging than criminal penalties

The greatest damage that the officer's case can cause is actually "loss of public trust" rather than the criminal penalty itself.

Five-year "no-show" status:. If a company has been sentenced in the past for encouraging illegal employment or other crimes, it will no longer be recognized as a "proper institution" to accept foreign nationals for the next five years. In other words,Global strategy for the next 5 years comes to a complete halt.This means that
ESG Investment and Compliance Rating Crash:. In modern business, disregard for human rights and violation of laws and regulations are direct causes for being branded as "uninvestment grade" by investors and financial institutions.

Advice from an Administrative Lawyer: "Defensive Measures" that Management Should Take

What is required of officers is not to check individual visa application documents.Build an organizational culture that prioritizes legal compliance above all else..

Structured Residence Card Verification:. Require a flow of executive decisions to ensure that original documents are verified and copies are kept at the time of hiring and at the time of renewal.
Strict control of job descriptions:. "Is it okay to allow them to do this work with this visa?" (e.g., administrative scriveners, etc.).
Periodic compliance audits:. Outside eyes should be brought in to check for "no-brainer" hiring practices in the field.

In addition to visa application services, we also provide consulting services for "establishing a compliance system to avoid legal risks for directors and officers".

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