Precautions for hiring a foreigner part-time job and visa application

Nowadays, foreigners who are often seen in the city and work as part-time jobs have become quite commonplace, but there are many cases where they hire part-time workers without knowing the foreigners who cannot be hired.
Employers are rarely penalized suddenly unless they are malicious, but we want to avoid encouraging illegal employment.

This time, we will mainly explain the points to note when hiring foreigners as part-time workers.
* The part-time job referred to in this article mainly refers to on-site work such as retail stores and restaurants such as convenience stores, and simple work and simple customer service as defined by immigration.

XNUMX. XNUMX.Foreigners who can be hired as part-time jobs

The status of residence of foreigners who can be employed as part-time jobs is basically"Study abroad"と"Family stay"Two statuses of residence andStatus-based residence statusThink of it as a foreigner who owns.
To be more specific, there are other statuses of residence that allow you to work as a part-time worker, but they are quite complicated, so first check whether you have the above two statuses of residence.
The status of residence of the status system will be described later.

XNUMX.Precautions when hiring a part-time job

I explained above that foreigners with "College Student" and "Family Stay" statuses of residence can be employed as part-time jobs, but even with these two statuses of residence, they cannot be employed unconditionally.
This is because these two statuses of residence areBasically not allowed to workIt is.

To work part-timeAllowance for activities outside your statusMust be approved by applying.
Regarding this permission, it is usually granted if you apply, but the problem is that foreigners themselves are not aware of this permission to engage in activities other than that permitted under the status of residence previously granted, and think that they can work part-time.
Employers also think that there is no problem in hiring international students as part-time workers, so they often hire them without checking to see if they have permission.

This problem is the foreigner'sResidence cardThe problem can be resolved by carefully checking the original document.
There is a stamp on the back of the residence card of a foreigner who has obtained permission for activities outside the status of qualification.[Permission in principle, within 28 hours a week, excluding engagement in customs business, etc.]Is pressed.
If this stamp is affixed, it means that you have obtained permission to engage in activities other than that permitted under the status of residence previously granted, and you can legally be employed as a part-time worker.

However, as stated in the stamp content,Only those who can work with a permit for activities outside the status of qualificationUp to 28 hours a week.
If you work more than 28 hours a week,Violation of activities outside the status of qualificationIt will become.
And this is not up to 1 hours for one company,No matter how many part-time jobs you hold,Total must not exceed 28 hours.
Therefore, you need to be careful because some foreigners who work 28 hours a week at another company may hide it and try to work 2 hours a week at their second or subsequent company.

Also, when should I start calculating 28 hours? We often receive questions such as,No matter when you calculate it, it must not exceed 28 hours..
However, if you have a status of residence for study abroad, you can work part-time up to 1 o'clock a day and 8 hours a week only during the long vacation prescribed by the school you attend.

XNUMX. XNUMX.Procedures for each status of residence (visa)

▼ International students/family stay

Speaking of foreigner part-time job, it is this status of residence.
A student is a foreigner residing as an international student, and a dependent is a family member (spouse and children) of a foreigner with a working visa.
When hiring them, you need to notify Hello Work, but other procedures are the same as for Japanese part-time jobs.

▼ Status-based residence status

There are 29 types of status of residence in Japan, but they can be broadly divided into working and social status.
Since the status of residence of a working system is a status of residence given according to the content of the work, there are restrictions on the content of the work.

forThere are no work restrictions on status of residence.
As for status-based residence status,"Japanese spouse, etc." "Permanent resident spouse, etc." "Permanent resident" "Special permanent resident" "Permanent resident"in XNUMX minutes by bus from Yonago Station.
These statuses of residence are granted based on the status of the foreigner, not the content of the job, so there are no restrictions on activities as long as the foreigner does not commit any criminal acts.
Therefore, you can do any work for any number of hours as long as it does not violate the law, which is different from studying abroad or staying with family.No limit of 28 hours per week.

Because they are given such preferential treatment, counterfeit residence cards are often circulated with status-based residence statuses, so it is essential to check the residence card when hiring.
However, if you can properly check the authenticity, it can be said to be the safest status of residence for employment.
All you have to do is report to Hello Work, and then you will have no problems as long as you follow the same procedures as Japanese people.

▼ Employment status of residence

It is a status of residence that makes it difficult to work part-time.
Unlike "College Student" and "Family Stay", activities outside the qualifications are not allowed.
In addition, permission for activities outside the qualifications such as "study abroad" is granted.Comprehensive non-qualified activity permitOn the other hand, permission for activities outside the status of working status of residence isPermitting activities outside the individual qualification.
Unlike a comprehensive permit, an individual permit is granted including the details of work at the part-time job.You will have to reapply for permission every time you change your part-time job.

XNUMX.Penalties for illegally hiring a foreigner part-time job

If you illegally hire a foreigner part-time job, your employerIllegal employment promotion crimeThere is a possibility that this applies.
This meansCriminal lawSo,Both the company and the person in charge may end up with a criminal record.
The penalty isImprisonment for up to 3 year or a fine of up to 300 yen, or both may occur together.

The following three cases apply to illegal employment:

XNUMX. XNUMX.When illegal immigrants and deportees work

Work by overstayers, smugglers, etc. who are subject to deportation.

XNUMX.When working without permission

Working without permission to engage in activities other than that permitted under the status of residence, working by short-term residents, etc.

XNUMX. XNUMX.When working over time

Working for more than 28 hours, which is the working limit for permission to engage in activities other than that permitted under the status of residence previously granted, and working by foreigners with other employment-related residence statuses, etc.

XNUMX.Recruitment flow

Even if it is a foreigner part-time job, the procedure is basically the same as that of a Japanese person.
However, you only need to confirm whether you are eligible to work and, if you do not want to enroll in employment insurance, submit a notification of your employment status to Hello Work.

6. lastly

Recently, I have noticed the detection of illegal employment of employers who neglected to confirm their residence card.
Problems such as companies hiring foreigners without knowing that they have a fake residence card, or companies not recognizing the expiration date of their stay and continuing to employ foreigners who have overstayed are no longer occurring. not.
Some companies have been exposed as a result of foreigners forgetting to renew their period of stay and overstaying, and continuing to employ them without the employer knowing.

Not just a theory of virtuousness, but firmlyObligation to check residence cardThe employer has.
In fact, there have been cases in which companies have not been found guilty because they are deemed to have fulfilled their responsibilities as a company by carefully checking the original residence card and preserving the evidence.
From this, I think you can understand the importance of properly managing your residence card.

It is now commonplace to hire foreigners as part-time jobs.
That's why having a solid knowledge of the things that need to be managed and understood and taking appropriate measures will be beneficial not only to the employer but also to the foreign part-time worker.

For consultations regarding part-time employment of foreigners, please contact Climb, an administrative scrivener corporation!
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