Beyond sudden staff shortages that can disrupt business operations, companies may face legal penalties and future restrictions on accepting new workers.
If the cause is determined to be on the company’s side, it could significantly impact business operations and hiring plans.
This article organizes the responsibilities companies bear when skilled foreign workers go missing, the potential disadvantages that may arise, and the content of applicable penalties.
Furthermore, we will explain the main backgrounds of disappearances, prevention measures, and appropriate response methods when incidents occur, providing easy-to-understand key points that should be understood for stable foreign worker employment.
Table of Contents
What Does Disappearance Mean?
Disappearance refers to a situation where the whereabouts and contact information of an employed foreign worker become unknown, and they fail to report to work.For those holding residence statuses such as permanent resident or long-term resident, employment is not a condition of residence, so not reporting to work does not immediately create problems under immigration law.
On the other hand, the Specified Skilled Worker residence status is granted based on an employment contract, and the residence permit is linked to the employment relationship with the accepting company.
Therefore, when a skilled foreign worker continues not to work at their designated workplace, it is considered “disappearance” under immigration law.
It should be noted that when disappearance is discovered, neither the foreign worker nor the company immediately becomes in violation of the law. However, if the worker disappears without performing their authorized activities and engages in other work activities, or fails to continuously perform their permitted activities for more than three months, the foreign worker may be treated as being in violation of immigration law.
Reporting Obligations Arise When Skilled Foreign Workers Go Missing
When a skilled foreign worker goes missing, accepting companies are obligated to submit a “Report on Acceptance Difficulties” to the regional Immigration Services Bureau.The submission deadline is within 14 days from the date the disappearance becomes known, and this obligation arises even when the company has no cause or responsibility for the incident.
Failure to fulfill the reporting obligation may result in a fine of up to 100,000 yen, and in some cases, it may affect the company’s future eligibility to accept skilled foreign workers.
Therefore, when a missing person occurs, it is essential to promptly proceed with fact-finding and reporting procedures.
Reporting Requirements and Reporting Methods
When filing the report, you must submit documents to the regional Immigration Services Bureau including the “Report on Acceptance Difficulties,” “Explanation of Circumstances Leading to Acceptance Difficulties,” and “Situation Report When Disappearance Was Discovered.”The report must include personal information of the target skilled foreign worker such as name, date of birth, and residence card number, as well as reasons why acceptance became difficult, circumstances of the disappearance, measures implemented by the company, and any other known information regarding the whereabouts of the missing person.
Submission methods include using the Immigration Services Agency’s electronic reporting system, bringing documents directly to the regional Immigration Services Bureau office, or submitting by mail. In all cases, it is essential to fulfill the reporting obligation within the deadline.
Differences from Employment Contract Termination Reports
Under the Specified Skilled Worker system, when an employment contract with a foreign worker ends, there is an obligation to submit an “Employment Contract Termination Report” within 14 days from the date the cause occurred.This reporting procedure must also be implemented during normal separations such as voluntary resignation, contract expiration, or residence period expiration.
On the other hand, when a skilled foreign worker goes missing, both an “Employment Contract Termination Report” and a “Report on Acceptance Difficulties” are required.
The “Report on Acceptance Difficulties” must be submitted within 14 days from the date the whereabouts became unknown, and when contract termination is subsequently conducted, an “Employment Contract Termination Report” must be submitted again within 14 days from the date of contract termination.
In cases where both reports are required, it is generally standard practice to submit the “Report on Acceptance Difficulties” first, but since the submission periods may overlap, there is no problem with submitting them simultaneously.
Penalties Imposed on Companies Due to Disappearances
When skilled foreign workers disappear from their workplace, companies may face administrative sanctions or legal penalties depending on the cause and the company’s involvement.Here, we will explain the anticipated impacts and acceptance restrictions based on different situations.
When the Cause of Disappearance Lies with the Company
When skilled foreign workers disappear due to the company’s labor management or residence management problems, or other legal violations, the company will not be permitted to accept new skilled foreign workers for one year from the occurrence of the missing person.This restriction also extends to other skilled foreign workers employed by the same company, and it may become impossible to renew the residence periods of currently employed foreign workers. In such cases, significant disruptions to the company’s overall talent acquisition and business operations may occur, making it essential to avoid disappearance cases caused by reasons for which the company is responsible.
When Companies Commit Serious Violations
When companies violate labor standards laws or minimum wage laws and receive criminal fines, or when they commit criminal violations such as assault or intimidation, or fraudulent acts constituting human rights violations, they may be unable to accept skilled foreign workers for five years.This includes acts such as illegal confiscation of passports or residence cards, unjust collection of penalty fees, and management of personal property, which are treated severely as serious violations.
When disappearances stem from such acts, there is an obligation to report the circumstances in detail at the time of notification.
Additionally, making false declarations when filing reports on acceptance difficulties also constitutes grounds for a five-year acceptance suspension, potentially causing serious impacts on the company’s credibility and hiring plans.
When There Is No Cause or Illegality on the Company’s Side
When there is no negligence or legal violation on the company’s side, basically no penalties will be imposed if the “Report on Acceptance Difficulties” is submitted on time within 14 days from the date the person went missing.However, if the explanation of circumstances described in the report is inaccurate or contains content that differs from the facts, there is a risk that the company may ultimately be judged as having responsibility.
Therefore, it is important to create reporting documents with a thorough understanding of the facts surrounding the disappearance and the conditions under which penalties such as acceptance suspension apply.
Companies hiring skilled foreign workers are advised to establish systems for maintaining daily records and evidence that can support the company’s lack of responsibility even when disappearances occur.
Main Causes of Disappearances
There are multiple factors that can be considered as background reasons why skilled foreign workers leave their workplace and go missing.Here, we will organize typical cases that are particularly common in system operations and explain their characteristics and impacts in detail.
Harsh Working Conditions
When the working conditions explained before employment differ significantly from the actual workplace environment, workers may develop strong dissatisfaction and anxiety.Particularly, tasks involving work at heights or handling heavy machinery and sharp tools carry high risks and physical burdens, making short-term resignations more likely if sufficient understanding and consent are not obtained in advance.
Additionally, in environments lacking safety management or consideration for working hours, mental and physical burdens accumulate, increasing the likelihood of ultimately choosing to leave the workplace.
To prevent such situations, accurate information provision during the hiring stage and thorough labor management ensuring safety are essential.
Carrying Large Amounts of Debt
When foreign workers have taken large loans from overseas sending organizations or intermediary agencies before traveling, the repayment burden can pressure their daily life and ability to continue working.Foreign workers in such circumstances face increased risks of seeking higher income through work outside their residence status or involvement in illegal labor, leading to disappearance.
Additionally, when companies hire through intermediary agencies that engage in unfair contracts or collect excessive fees, even if the company itself is not directly involved, this may legally constitute serious fraudulent conduct.
In such cases, there is also a risk of receiving severe sanctions such as a five-year suspension of skilled worker acceptance.
Therefore, it is important to carefully verify the legality of intermediary agencies and contract conditions before hiring, and to establish systems for conducting business only with lawful and appropriate sending organizations.
Treatment Different from Prior Explanations
When the conditions presented at the time of hiring differ from the actual treatment, workers’ distrust and dissatisfaction build up, becoming triggers for resignation or disappearance.Particularly when promised wages or working hours are not honored, the situation is likely to develop into serious problems.
Additionally, forcing unpaid overtime or refusing paid leave applications are highly likely to constitute violations of labor standards laws and other regulations, and may become subject to administrative guidance or criminal penalties.
If such violations come to light, companies risk not only losing social credibility but also suffering disadvantages such as restrictions on accepting skilled workers.
Therefore, faithfully fulfilling the conditions presented at the contract stage and ensuring transparency in the working environment are extremely important for both preventing disappearances and maintaining legal compliance.
Isolation in the Workplace
Many skilled foreign workers come to Japan alone, separated from their families, and when workplace relationships and connections with the local community become weak, loneliness can lead to disappearance.Particularly when insufficient Japanese language ability makes daily conversation and work-related communication difficult, mental burden increases in addition to feelings of isolation.
When such isolation continues, mental stress accumulates, and workers may choose to leave their workplace or living environment.
In cases where workers return home directly after disappearing, company responsibility may not be questioned, but if it is determined that support obligations such as legally mandated life support and consultation systems were not fulfilled, acceptance of skilled foreign workers may be restricted for a certain period.
Therefore, companies are required to implement measures to prevent isolation and establish support systems that allow workers to work with peace of mind.
What Should Be Done as Response Measures and Preventive Measures for Disappearances
When skilled foreign workers become missing or when signs of this are observed, companies are required to respond quickly and appropriately.Here, we will explain the procedures for actions companies should take when skilled foreign workers disappear and specific measures for prevention.
When Disappearance Has Occurred
When a skilled foreign worker goes missing, first attempt to contact the individual by phone or email to understand the situation, and conduct interviews with related parties such as friends, colleagues, and registered support organizations.If there is a possibility of crime or accident, or if there is a risk of illegal employment, consider reporting to the police, although this is not an obligation.
Reporting to the Immigration Services Agency is legally mandated within 14 days from the date the whereabouts became unknown by submitting a “Report on Acceptance Difficulties.”
This obligation arises equally whether the cause of disappearance is known or unknown, and procedures must be carried out unless it is a voluntary resignation.
If the disappearance is ultimately determined to be due to company responsibility, acceptance of skilled foreign workers may be restricted for one year or up to five years thereafter.
In such cases, appropriate measures such as job transfer support and necessary life support must be taken to ensure that other foreign workers on staff do not suffer disadvantages.
What Companies Should Do to Avoid Penalties
There are various factors behind foreign worker disappearances, including poor working conditions, inadequate treatment, health problems, and interpersonal conflicts.When company responsibility is recognized, fines and penalties may be imposed in addition to a one-year or five-year suspension of skilled worker acceptance.
To prevent such situations, the basic approach is to conclude employment contracts legally and based on mutual agreement between labor and management, and to employ workers with treatment according to the conditions presented.
Furthermore, it is essential to reliably fulfill support obligations stipulated by law, avoid using malicious intermediary agencies, and implement measures to prevent workplace harassment and discrimination.
Additionally, it is important to verify in advance the reporting methods to the Immigration Services Agency and the formats of necessary documents, and share this information within the company so that rapid and appropriate responses can be made when disappearances occur.
This enables companies to maintain both legal compliance and corporate credibility even in unexpected situations.
Summary
This article has explained companies’ reporting obligations when skilled foreign workers go missing, the content of penalties that differ by cause, background factors that tend to occur, and specific measures for response and prevention.Due to the nature of the system, if inadequate employment conditions or support systems are the cause, companies may face long-term acceptance restrictions or penalties.
Corporate personnel considering foreign worker employment must consistently comply with contract conditions, improve workplace environments, select appropriate intermediary agencies, and thoroughly fulfill support obligations. Additionally, by confirming in advance the reporting procedures and necessary documents for when disappearances occur and establishing systems for prompt response, risks can be minimized.
Supervisor’s Comments
In recent years, the issue of disappearances has become a matter of social concern, with media widely reporting on the number of missing technical intern trainees.As an administrative scrivener, when I speak with corporate personnel, I sometimes receive consultations asking, “What would happen if we hire foreign workers and they go missing?”
To resolve such concerns, it is essential to understand both preventive measures to avoid disappearances and the legal obligations and responsibilities that companies bear.
Since foreign worker employment requires risk management related to immigration law compared to hiring Japanese workers, it is advisable to establish appropriate systems, such as utilizing specialists well-versed in immigration law when accepting personnel, before proceeding with recruitment activities.
Primary Sources Referenced in Article Creation
The primary sources referenced when creating this article are as follows:Immigration Services Agency | Reports on Acceptance Difficulties by Specified Skilled Worker Affiliated Organizations
(URL: https://www.moj.go.jp/isa/applications/procedures/nyuukokukanri07_00190.html)
Immigration Services Agency | Reports on Specified Skilled Worker Employment Contracts by Specified Skilled Worker Affiliated Organizations
(URL: https://www.moj.go.jp/isa/applications/procedures/nyuukokukanri07_00187.html)
Immigration Services Agency | Operational Improvements in the Specified Skilled Worker System
(URL: https://www.moj.go.jp/isa/10_00225.html)
Immigration Services Agency | Specified Skilled Worker Operational Guidelines
(URL: https://www.moj.go.jp/isa/applications/ssw/nyuukokukanri07_00201.html)
This article is a translation of the original Japanese version.
