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If a foreign student works part-time for delivery at Uber Suites, will he become [illegal employment]?

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Uber Eats confirms proof of residence face-to-face for foreigners Prevention of illegal employment

On December 2020, 12, various media outlets including Kyodo News delivered the following content.

According to the Immigration Bureau of Japan, Uber's delivery staff are not hourly part-time workers, but sole proprietors who earn money for each delivery.Foreigners with a status of residence who are not allowed to work, such as international students, are required to work as delivery staff after obtaining the "individual permit" of "non-qualified activities".Without permission, you will be in violation of the Immigration Refugee Law (out-of-qualification activities).Uber said in an interview, "We are reviewing the registration procedure for delivery partners with foreign nationalities and are informing them of the necessary procedures."

Simply put,If an international student wants to do a part-time delivery job with Uber Eats, even if the permission is“Individual permission”I have to getIllegal workBecome"about it.

Uber Eats, as a company, cannot promote illegal labor, so it has started checking that foreign delivery workers have the appropriate qualifications.

"Activities other than those permitted under the status of residence"This is a permission that is required for activities other than those permitted by the visa the foreigner has.Many of you may already know this.But what exactly does “individual permission” mean here?

There are two types of non-qualified activity permits: "comprehensive permits" and "individual permits".

There are roughly two types of permission for “activities other than those permitted under the status of residence previously granted”. If you want to engage in activities other than those permitted under the status of residence previously granted (part-time jobs), you must obtain permission according to the type of activity.

① Bulk license (Up and running within 1 hours per weekIf you do)
With "Comprehensive Permit", the employer, location, business content, etc. of the part-time job are not specified in advance at the time of application.However, "I will work part-time with the contents permitted by the permission for activities outside the qualification" (including pachinko and mahjong stores)Engagement in customs business is prohibitedThe rule that has been done) must be observed.
There are also restrictions on working hours.For blanket permits,"No more than 28 hours per week"is the principle.If you work part-time on an hourly basis, it is clear whether you are observing this condition.Therefore, it is subject to a comprehensive permit.
② Individual permission (Activities outside the scope of the blanket permitWhen engaging in)
"When engaging in activities for which it is difficult to objectively confirm the activity time"Individual permission" is necessary for ".Clarify where you want to work part-time,Individualget permission to work part-time.

Then, what about the "part-time Uber Eats delivery job" that was a problem in the article introduced at the beginning?
For Uber Eats delivery, you will be charged a part-time job in units of "¥ XNUMX per delivery".Delivery time =Get paid regardless of hours workedThis is the content of the contract.
Then, it is stipulated in ① blanket licenseRegulation of working hourswill deviate from

Like this"Working without individual permission even though it is a part-time job that requires individual permission"That isIllegal work will be important.

Other activities that require individual permission include:

[Example of those who are subject to individual permission]
・ When an international student engages in an internship for the purpose of work experience and engages in non-qualified activities exceeding 28 hours a week
・When a person with the status of residence of “Professor” working at a university works as a language instructor at a private company (when engaging in activities that fall under the status of residence of “Engineer/Specialist in Humanities/International Services”)
・ When working as a sole proprietor

reference:Immigration Bureau of Japan HP

How to apply to obtain "individual permission" for activities outside the status of qualification?

In order to obtain an "individual permit", apply for the local immigration bureau that has jurisdiction over your place of residence with the application form and necessary documents.

● Application form (application form for permission to engage in activity other than that permitted under the status of residence previously granted)
The application form is the same regardless of the visa you have.
The pdf file of the application form can be downloaded from the Immigration Office website.
Appended Form XNUMX (related to Article XNUMX):http://www.moj.go.jp/isa/content/930004124.pdf

Next, about the required documents.
Required documents vary depending on the applicant's status of residence and type of permitPlease note that it is a thing.

Here, we will introduce the necessary documents when operating with a "study abroad" status of residence and a "business consignment contract" or "contract contract".

● Required documents
The following two documents are required for individual permission when working part-time under a "contract contract".
  1. 1. Application for permission for activities outside the status of qualification (hereYou can download it from)
  2. 2. A document explaining the contents of the contract(Arbitrary style)

I don't think it's that difficult to apply because all you have to do is fill in the necessary items.

Then, what about XNUMX "Documents explaining the contents of the contract (arbitrary form)"?
Since the writing style has not been decided, you may be in trouble asking "what should I write?"The next section will show you how to write this description.

How should I write the explanation required to apply for an individual permit?

If you are a foreigner and are reading this article, you may be in trouble because you do not know how to write this "sentence explaining the contents of the contract".This document should include the following:

● Contents of “document explaining contract content”
  • ・ Name (company name) and location of the contracting employer
  • ・ What kind of work is it?
  • ・ Amount of compensation for each job
  • ・ How long does the applicant work part-time a week?

While touching on these contents,Since it is not an hourly wage, an individual permit is required instead of a blanket permit.” is explained.

※Caution
For individual permits, if you change your part-time job, you will have to obtain another permit for activities outside the status of qualification. "Individual permission" means that permission is given to each part-time job destination, soI have to reapply every time my part-time job changesIt is

What do you do when you are in trouble, "I can't write the explanation myself"?

In the application to obtain "individual permission" for permission to engage in activity other than that permitted under the status of residence previously granted,"I'm worried if the application form is written correctly","I can't write a document explaining the contents of the contract!", in the case of Climb Immigration Lawyer OfficePlease consult

Activities other than those permitted under the status of residence Various fees * Request fee for Climb
“Blank” Permit Application“Individual” Permit Application
22,000 yen (tax included)Preparation of application form: 11,000 yen (tax included)
Creating a description: 33,000 yen (tax included)

* Even if you get an "individual permit" once, you need to apply each time the part-time job changes.

If you can't speak Japanese well, don't worry.English, Chinese, Vietnamese and Nepali speaking staff will help you with your application.
Please feel free to contact us.

 
■ The person who wrote this article ■
Representative Takashi Moriyama

Takashi Moriyama
Representative of administrative scrivener corporation Climb.Specializing in visa application and naturalization application, which is an international business from the time of establishment.The number of visa applications for foreigners is about 1,000 per year, and we are confident in our abundant experience and know-how.Based on his knowledge of immigration services, he is also in charge of advisory services for employment of foreigners to companies as an advisor.

⇒Consult the "administrative scrivener corporation Climb" where this teacher is

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