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In recent years, foreign workers have become more commonplace.
According to a survey conducted by the Ministry of Health, Labor and Welfare in the second year of Reiwa, the number of foreign workers has increased about 2 times between 2008 and 2020.
However, the conditions for foreigners to work in Japan are quite detailed.
In addition, even if the employment is successful, both the foreign worker and the employer must comply with strict restrictions.
This time, among the many visas for foreigners,Foreign workers on dependent visasI'll think about it.
Significant restrictions on working on dependent visas"28 hour week rule".
Let's take a look at the details, penalties for violations, and countermeasures for managers and corporate personnel who hire foreign workers.
Foreigners cannot work more than 28 hours a month on a family stay visa
In conclusion, with a family stay visaAllowance for activities outside your statusThe foreigner who gotOver 28 hours a weekI can't work.
A family stay visa is a visa for foreign families (spouse and their children) working on a work visa in Japan to stay in Japan.
Those who have this visa can work part-time within 28 hours a week with permission for activities outside the status of qualification.
As an exception, you can work up to 40 hours a week while the institution where the international student attends is on long vacation.
▼ It is a crime to make someone work too much
What if I work more than 28 hours a week?
From the Immigration Control and Refugee Recognition ActUnearned employment promotion guiltWill be asked.
Employers are subject to imprisonment for up to 3 years, a fine of up to 300 million yen, or both..
At this time, it is not only the store managers and personnel managers who have overworked that are held responsible.
そのCorporate managers can also be charged with crimes.It will be.
In the case of the worker himself/herself, futureUnable to renew visamay become.
at the worst case,DeportationYou will receive
▼ What is the crime of promoting illegal employment?
Employers who hire foreigners who are not allowed to work and those who mediate illegal employment are subject to punishment (Metropolitan Police Department homepageMore excerpt).
There are three main types of illegal employment.
- When illegal immigrants or deportees work
- ・Overstayers and people smuggled into the country work
- ・People who are scheduled to be deported work
- When working without permission to work from the Immigration Services Agency
- - International students and people applying for refugee recognition work without permission
- ・People who entered the country for short-term stays work.
- When a foreigner who is permitted to work works beyond the scope permitted by his/her status of residence
- ・Performing work that is not permitted under the status of residence
- ・International students work beyond their permitted working hours
As stated in the third point above, it is illegal for foreign nationals to work longer than their permitted working hours.
▼ What measures can I take to avoid being charged with promoting illegal employment?
The countermeasure is to acquire knowledge about working hours and thoroughly manage them.
Make sure that your employees are not doing double work, and if they are, have them report their working hours at another workplace.
To that end, the most important thing is regular communication.
This is because building a relationship of trust that allows for accurate reporting requireslong term communicationBecause it is essential.
Climb Advisory Contract Information
From 20,000 yen monthly to your company's advisor!
▼ Detailed rules for the 28-hour week that you should be aware of
In one word"28 hours a week"Having said that, I think a lot of questions may come to mind.
Here are three things to keep in mind that are often overlooked.
- 28. XNUMX.Overtime hours are also included in XNUMX hours a week.
- Start work on time and get to work on time.Let's make this thorough.
- XNUMX. XNUMX.Let's be careful about having a part-time job
- If you work for multiple employers,Total of all working hoursmust be no more than 28 hours per week.
For example, if you work 28 hours a week at a store called A and 28 hours a week at a store called B, you will have a total of 56 hours of working hours, which is completely out.
On the other hand, if you work 8 hours a week at a store called A and 15 hours a week at a store called B, you will have a total of 23 hours of working hours, so there is no problem. - XNUMX. XNUMX.It's a small shop, so it doesn't come out.The idea is very dangerous.
- This is because there is a mechanism that allows you to know your income based on the amount of tax paid.
Foreigners with residence cards alsoMy numberwill be given to you, so you cannot cheat.
▼ Why is overwork discovered?
How does the Immigration Bureau find overworking hours?
The answer isTax withholding.
Foreigners working in Japan pay taxes in the same way as Japanese people.
It is a well-known fact that the amount of tax paid is calculated from the amount of income.
It is a system that allows you to see how much income a foreigner earns from this tax amount.
The Immigration Bureau of Japan has a system to receive information on foreign workers working in Japan from municipal offices, tax offices, and Hello Work.
Of course, we also have a firm grasp of the details of taxation.
▼ What if you want to work more than 28 hours a week?
If you want foreigners to work more,Changing from a dependent visa to another visaneed to do it.
In the following three types, you are allowed to work more than 3 hours a week.
- ● Specific visa (specific activity)
- ● Highly professional visa
- ● Student visa (exceptionally, you can work 40 hours a week during long vacations)
Employers can also consider switching to the above visas.
It takes time to prepare the necessary documents for each application and for the visa to be actually changed.
It's a good idea to deal with it with a margin.
Summary
I have seen the crime of promoting illegal employment and its countermeasures regarding the working hours "28 hours a week rule" for foreign workers who work on family stay visas.
With the declining birthrate and aging population, the presence of foreign workers is increasing day by day for business owners.
Let's acquire solid knowledge and take measures to prevent overwork with the worker himself.
There are very detailed conditions for foreigners to work in Japan.
The cases and countermeasures introduced this time are just examples, and will vary depending on the situation of each foreign worker.
Please be sure to check it yourself before taking action.
For inquiries regarding employment of foreigners with dependent visa, please contact Climb.
Please feel free to contact us by phone or inquiry form!
