2025-08-12

When a foreigner with a work visa works for a Japanese company, the Labor Standards Law applies, just as it does to Japanese workers, and the company must observe working periods and holidays. If they fail to do so, not only will the company be held responsible, but the foreigner may also be considered to be working illegally.

What is a work visa?

A work visa is a status of residence for foreigners residing in Japan that allows them to work in Japan. On the other hand, the status of residence of a spouse of a Japanese national is referred to as a “status-related visa.

In other words, the status of residence that allows a foreign national to work in Japan is generally referred to as a “work visa (shugyo kyusei visa). This status of residence allows a person to work only in specific jobs or occupations, and it is against the law to work in jobs or occupations that are not permitted.

Regulations on working hours, etc.

Foreign nationals holding a work visa are subject to the same restrictions on working hours as Japanese nationals.
This system was established to create and maintain a healthy working environment for all people working in Japan, regardless of nationality.

Like Japanese nationals, foreigners with work visas must work in compliance with the working hours stipulated by the Labor Standards Law. The Labor Standards Law stipulates that working hours should not exceed 8 hours per day and 40 hours per week. If these hours are exceeded, it is considered overtime and extra wages will be paid.

The Labor Standards Law also regulates holidays for foreign nationals with work visas as well as for Japanese nationals. Under the Labor Standards Law, companies must provide at least one day off each week, and at least four days off in a four-week period.

In addition, companies are also required to set rest periods during working hours. The employee is free to choose how he or she spends those breaks.

Penalties for Violation

For foreigners with resident status, the Labor Standards Law and other labor-related laws and regulations, as well as immigration and residency management laws and regulations, apply. Therefore, violations of these laws and regulations are subject to penalties.

For example, if you work in excess of the working hours stipulated in the Labor Standards Law, you may not be allowed to renew your status of residence. Furthermore, if you are considered to be working illegally, you will be deported and may not be allowed to re-enter Japan for a certain period of time.

In addition, if you work in excess of your working hours, your employing company may also be penalized for encouraging illegal employment. In this case, the penalty is imprisonment for up to three years or a fine of up to 3 million yen.

Illegal employment not only affects the future career and livelihood of the foreign worker, but also causes the company to lose important human resources and social credibility due to the penalty.

It is the obligation of companies to observe the working hours and holidays of foreign workers. Making them work long hours or not giving them holidays means that the company has not established a management system.

Summary

Foreign workers, like Japanese workers, must comply with the Labor Standards Law, which stipulates working hours such as “no more than 8 hours per day and no more than 40 hours per week” and holidays such as “at least one day off each week and at least 4 days throughout a 4-week period.