If a foreign worker disappears, are we barred from accepting workers for 5 years?

Foreigners Employment Support Organization (FESO)　／　Published 15 April 2026　／　Last updated 21 August 2026

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original（日本語版を読む）

Answer

Not every disappearance leads to a 5-year suspension. The 5-year suspension applies where the company is judged to be "seriously at fault" (「重大な責め」) — unpaid wages, harassment, poor housing and the like. What decides it is the notifications made immediately after the disappearance, and the records built up day to day.

What is this enquiry about?

A guide for owners and HR staff at companies that accept foreign nationals under 「技能実習」 or 「特定技能」.

Type of enquiry: disappearance of a foreign national (going missing) and the penalty of suspension of the right to accept workers
Situation: For a company operating 在留資格「技能実習」 (Technical Intern Training) or 「特定技能」, one of the things it most wants to avoid is a foreign national disappearing. The rule that "no new workers may be accepted for 5 years after a disappearance" is, in practice, a matter of survival for a company struggling with a labour shortage.
What you want to know: In what cases does the 5-year penalty apply? What should you do when a disappearance happens? What should you have ready in order to avoid or reduce a suspension?

In what cases does the 5-year suspension apply?

Where the accepting company is judged to be "seriously at fault".

Under the 入管法 (Immigration Control and Refugee Recognition Act) and the 「技能実習法」, where a disappearance occurs for which the accepting company is "seriously at fault", the measure taken is that no new certification to accept foreign nationals is granted for the next 5 years. It is not simply a matter of a foreign national leaving for personal reasons: where the following backgrounds are suspected, the case is treated as falling under the 「欠格事由」 (grounds for disqualification, that is, loss of the right to accept workers).

Unlawful working conditions　Pay below the minimum wage, unpaid overtime, excessively long working hours
Harassment and assault　Discriminatory words or conduct on site, or physical violence
Unsuitable housing　Poor dormitories with no privacy, or charging unreasonably high rent

If a disappearance occurs while these facts are hidden and they come to light in a later investigation, the company has its certification as an 「優良な実習実施者」 (outstanding implementing organisation) revoked and enters the 5-year penalty period.

What should we do when we find out someone has disappeared?

Complete the procedures with the police, the 外国人技能実習機構 and the 地方出入国在留管理局, and Hello Work, without delay.

How you act at the start decides how heavy the later penalty will be. Leaving things alone because "the person has gone" is treated as having encouraged illegal overstaying, and invites the worst outcome.

File a 「行方不明者届」 (missing person report) with the police station having jurisdiction
Report to the nearest police station on the day the disappearance comes to light, and at the latest the next day. This shows that the company intends to meet its management responsibilities.
Report to the 外国人技能実習機構 (Organization for Technical Intern Training) and the 地方出入国在留管理局 (Regional Immigration Services Bureau)
Within a few days of the disappearance, submit the prescribed 「実習困難届」 (notification of difficulty in continuing the training) and 「在留資格に係る届出」 (notification relating to the status of residence). A late report creates inconsistencies in the system and seriously damages the company's credibility.
Complete the 「雇用保険喪失」 (loss of employment insurance cover) procedure at Hello Work
As the employment relationship cannot continue, submit the notification that the person has ceased to be an insured person under employment insurance. State clearly that the reason for leaving is 「行方不明」 (missing).

Please note the name of the body you file with. 育成就労制度 (the Employment for Skill Development system) comes into force on 1 April 2027 (令和9年4月1日). Until then, the body you file with is the 「外国人技能実習機構」, and the change of name to 「外国人育成就労機構」 comes after it is in force.

What should we have ready in order to avoid a suspension?

Keep material day to day that shows the company was not negligent.

Not every disappearance leads immediately to a "5-year suspension". The focus of the examination is on how well the company can prove that it was not negligent.

Monthly interview records　Whether you listened to the person's concerns regularly and recorded them properly
Consistency between the wage ledger and the time cards　Evidence that you paid the wages required by law, that overtime was within the range of the 36協定 (the labour-management agreement on overtime work), and that you did not make the person work excessively
An investigation report after the disappearance　Check the state of the person's belongings in the dormitory and interview colleagues, and set out objectively that the reason for the disappearance lay on the person's own side

What changes with the introduction of the 特定在留カード?

A missing person's movements will be detected on the system, which raises the risk for companies that fail to file notifications.

When the 在留カード (Residence Card) and the マイナンバーカード (My Number card) are combined, the handling of missing persons changes greatly. If a missing person uses a health insurance card somewhere else, or moves money in a bank account, this will be detected immediately on the system.

If you have not filed the proper 「資格喪失届」 (notification of loss of insured status) after a disappearance, and the missing person becomes involved in a crime or in illegal work somewhere, the risk that the company will be treated as an accomplice in the 「不法就労助長罪」 (the offence of promoting illegal work) is far higher than before because of digitalisation.

What are the final points to keep in mind?

3 things: acting on the same day, building up evidence day to day, and analysing the reason for the disappearance.

Act on the same day it happens
Do not delay the report to the police, the 地方出入国在留管理局 and the 外国人技能実習機構 by even 1 day.
Build up evidence day to day
Keep records such as regular interview reports showing that there is no bullying and that pay is appropriate, and manage them so that you can produce them at any time.
Analyse the reason for the disappearance thoroughly
Analyse why the person left, and include your plan for improvement in the next extension application (or in an application under the new system).

Even after a disappearance has happened, there are many cases where a company has explained logically that there was no failing in its management structure and has avoided or reduced the penalty. If you are worried because "our foreign worker has gone" or "at this rate we will not be able to hire next time", please consult a specialist as soon as you can.

Frequently Asked Questions

If someone disappears, are we always barred from accepting workers for 5 years?

No. It applies where the company is judged to be "seriously at fault". Unlawful working conditions, harassment and assault, and unsuitable housing are examples.

What should we do first when we find out someone has disappeared?

File a missing person report at the nearest police station on the day it comes to light, and at the latest the next day. After that, report to the 外国人技能実習機構 and the 地方出入国在留管理局, and complete the employment insurance loss procedure at Hello Work. 育成就労制度 (the Employment for Skill Development system) comes into force on 1 April 2027 (令和9年4月1日), and until then the body you file with is the 「外国人技能実習機構」.

How can we show that our company was not at fault?

By keeping material day to day: monthly interview records, consistency between the wage ledger and the time cards, and an investigation report after the disappearance.

What happens if we file nothing and leave it?

If the missing person becomes involved in a crime or in illegal work, there is a risk that the company will be treated as an accomplice in the 「不法就労助長罪」.

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This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.