Precautions when hiring foreigners with family stay visas

XNUMX.What is permission to engage in activity other than that permitted under the status of residence previously granted?

Some foreigners living in Japan,Allowance for activities outside your statusThere are many people who work part-time with this permission.
Permission to engage in activity other than that permitted under the status of residence previously granted is a permission necessary to earn income or remuneration from activities that are not permitted under the current visa, as long as it does not interfere with the original status of residence.
Many foreigners who have obtained permission to engage in activities other than that permitted under the status of residence and work part-time, etc."Study abroad","Family stay"Many people have a visa (status of residence) named .
For example, a foreigner residing in Japan with a "Dependent" visa is permitted to "carry out daily activities as a dependent spouse or child of a foreigner with a certain working visa." but are not allowed to work.
However, if you obtain permission to engage in activity other than that permitted under the status of residence previously granted, you will be able to earn income through part-time work, etc., as long as it does not interfere with your daily activities.

This permission to engage in activities other than that permitted under the status of residencevarious constraintsTherefore, not only foreigners themselves but also the companies that employ them need to be aware of these restrictions.
On the company side, if a foreigner is allowed to work in violation of visa or other restrictions on activities other than that permitted under the status of residence,Illegal employment promotion crimeThere is a risk that you will be charged with a crime.

2. How to hire a foreigner with a dependent visa as a part-time worker

① Stores subject to the Entertainment Business Law cannot employ foreigners.

Even foreigners who have a permission to engage in activities other than that permitted under the status of residence previously granted cannot do work related to the Fueiho.
The Entertainment Business Law applies not only to cabaret clubs, but also to arcades, darts bars, and mahjong parlors.
Therefore, if a foreigner does not have permission to engage in activities other than that permitted under the status of residence previously granted, even if he or she does have one, he or she will not be able to work in the industries to which these Entertainment Business Laws apply.
Care must be taken not to allow foreigners with dependent visas or student visas to work in the relevant business types and occupations.

② Ask to see your residence card before employment

When hiring foreigners,Be sure to ask to see your residence card.
A residence card is a Japanese driver's license-sized identification card owned by foreigners residing in Japan for the medium to long term.
The front of the residence card contains not only basic information such as the foreigner's name, nationality, date of birth, and address, but also"Status of residence (type of visa)", "Presence of work restrictions", "Period of stay"etc. are listed.
And on the back of the residence card,"New address if you moved", "Stamp for permission to engage in activities other than that permitted under the status of residence previously granted", "Whether you are applying for visa renewal or change"It contains information such as.

When you have an interview with a foreigner, be sure to check your residence card and be sure to check the ``status of residence (type of visa),'' ``whether there are any work restrictions,'' and ``period of stay'' on the front of the card.
If the type of visa says ``Dependent Stay'' or ``Study Abroad,'' the ``Presence or absence of work restrictions'' section will say ``Not allowed to work.''
However, if you have a stamp on the back of your residence card that allows you to engage in activities other than that permitted under the status of residence previously granted (permission is generally limited to 28 hours a week, excluding work in the entertainment business, etc.), you can basically be employed as a part-time worker.

In this way, you need to ask foreigners to show their residence cards during interviews, etc., and be careful whether there is any problem in hiring them in the first place.

③ Do not exceed 28 hours per week

When working part-time with permission to engage in activity other than that permitted under the status of residence previously granted,As a general rule, you can only work up to 28 hours.
In principle, this time limit is set within 28 hours, ``as long as it does not interfere with the original residence activities''.
However, you are allowed to work up to 40 hours a week for activities other than those permitted under a student visa, only during long school holidays.
In the case of a family visa, you are only allowed to work within 28 hours per week.

④ Check if you have other work.

 It turns out that the permission to engage in activities other than that permitted under the status of residence permit is, in principle, only permitted to work within 28 hours per week.
This time limit of 28 hours does not apply to each office (each part-time job).The total working hours at all part-time jobs must be within 28 hours.is what it means.
Therefore, if a foreign student who is employed as a part-time job or a foreigner with a family visa is doing double work, it is necessary to be careful.

XNUMX.If you are overworked without knowing it

▼ What is the crime of promoting illegal employment?

Illegal employment promotion crimeThis is a crime that can be committed against a person who arranges work for a foreigner who is not permitted to work in Japan, or who forces the foreigner to work beyond the scope permitted by the foreigner being employed.

There are three main cases in which the offense of promoting illegal employment is established:

Case XNUMX: A case where an illegal immigrant is forced to work

This is the case when smuggling immigrants or foreigners staying in Japan beyond their period of stay are employed. Before hiring, be sure to ask to see your residence card and check the ``period of stay'' section.

Case XNUMX: A case where a person who is not allowed to work is forced to work

This is the case when a foreigner with a visa (residence status) that does not allow him to work is employed. For example, if a foreigner staying in Japan with a short-term tourist visa or a visa to visit relatives is to work, a foreigner with a student visa or dependent visa who does not have permission to engage in activities other than that permitted under the status of residence will be employed. If so, this is the case.

Case XNUMX: A case where a worker is forced to work beyond the work limit

If a family member or international student with permission to engage in activities other than that permitted under the status of residence is allowed to work more than 28 hours a week (40 hours during a student's long leave of absence)Overwork) corresponds to this case. In addition, this is especially common for work-related visas ("technical/specialist in humanities/international services," "skilled," "specific skills," etc.), but it is also common for work visas to be performed outside the scope of work approved by the immigration authorities. This is the case.

In principle, if a company is charged with promoting illegal employment,Claiming "I didn't know" doesn't work.

As a company that employs foreigners, it is necessary to take the utmost precautions, and even then, it is necessary that the company did not know that it would constitute illegal employment.
In order to fulfill this required duty of care, it is at least necessary to check the "residence card", check whether the person is doing double work, and, if there is a weekly time limit, manage shifts for the time limit.

▼ How overwork is discovered

It is discovered that foreigners staying with family members or studying abroad are overworked through an investigation by the Immigration Bureau, or through documents such as taxation certificates and bank balance certificates submitted to the Immigration Bureau at the time of visa renewal (for those who have changed from a study abroad visa to a work visa). This is often triggered by documents such as when renewing a visa.
It is assumed that some people are investigating the situation in great detail, so be sure not to overwork or allow others to do so without thinking that they will not be found out.

XNUMX.Summary

Recently, as the number of foreigners working in Japan is increasing, the number of foreigners living in Japan on dependent visas accompanying their families who have working visas is also increasing. Additionally, since Japan remains a popular study abroad destination, there are many foreign students studying in Japan.
In principle, they cannot work in Japan.
Employing foreign part-time workers with knowledge of these restrictions on permission to engage in activities other than those permitted under the status of residence previously granted can prevent illegal employment and reduce risks for companies.

Please contact Climb for consultations regarding employment for those on dependent visas!
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