For Businesses] Essential Knowledge for Employing Part-Time International Students: The 28-Hour Barrier and Legal Risks

In the midst of a labor shortage due to the declining birthrate and aging population, foreign students are a valuable asset to the workforce. However, when hiring them, it is necessary to correctly understand the rules specific to the Immigration Control and Refugee Recognition Act (Immigration Control and Refugee Recognition Act), which are not applicable to Japanese part-time workers.
especially28-hour-per-week limit."If the company underestimates the"Aiding and abetting illegal employment."This could lead to a serious situation in which the company is questioned by the
1. "Up to 28 hours per week" is strictly enforced. No exceptions.
The purpose of the "College Student" status of residence is solely "academic. Therefore, in order to work part-time, you must obtain "permission to engage in activities other than those permitted under the status of residence" in advance, and the hours are strictly limited.
- Principle: 28 hours per week or less (total of all part-time jobs)
- If you are working more than one job,28 hours totalThe number of hours worked must not exceed the number of hours worked by the company. Even if the number of hours worked at the company is short, it is a violation if it exceeds the total number of hours worked at other companies.
- Note the treatment of overtime:
- The "28 hours" includes overtime hours; if even one minute is exceeded, it is a violation.
- Special exception for long vacations (summer vacation, winter vacation, etc.):
- Only during long vacation periods in accordance with the university's academic regulations,Within 8 hours per day, 40 hours per weekYou will be allowed to work until However, this must be verified by a "certificate of enrollment or calendar issued by the school".
2. employer's risk of "illegal labor facilitation crime
The Immigration Control and Refugee Recognition Act is so strict that "I didn't know" is not an acceptable response.
If a foreign student works over the maximum hours, he/she will be subject to penalties such as deportation or non-renewal of the period of stay. On the other hand, the employer may also be punished with imprisonment for up to three years or a fine of up to 3 million yen (or both) for "encouraging illegal employment.
especiallyImmigration Agency will strengthen understanding of actual working conditions using my number information from 2025 onward.I am doing so. We should consider that the probability of being "discovered" is dramatically higher than before.
The most important thing to keep in mind when hiring international students in 2025-2026 is thatVisualization" of employment status using "My Number.".
Until now, in order for the Immigration Bureau to ascertain the part-time work hours of international students, individual reports and investigations of companies were required,The phase will change to "automatic matching by the system" in the future.This section explains the specific mechanisms and risks of grasp enhancement that businesses should be aware of.
Three Points of Enhancement" for Grasping the Actual Working Conditions Using My Number
1. start of "automatic matching" with taxation and tax payment information
The government has begun full-scale operations to link the Immigration Bureau's system with national and local tax data using My Number as the key.
- Before: Even if a foreign student worked in more than one place, it was difficult for the immigration office to grasp the total income in real time because each payroll report (gensen choshuhyo) was sent separately to the local government.
- Future: Income information" linked to your My Number will be available for inquiry from the Immigration Office. If you calculate backward from your total income for the year,Those who are significantly over the theoretical maximum (annual income of about 1.5 to 1.6 million yen) that can be earned "within 28 hours per week (about 1,100 yen per hour)" are immediately put on the list.The following is a summary of the results of the project.
2. introduction of "Specified Resident Card" (scheduled to take effect in June 2026)
A "Specified Resident Card," which combines a resident card and a My Number card, will be introduced.
- With the introduction of this card, the administration will be able to manage "information on status of residence" and "social insurance and tax payment status" with a single ID.
- When renewing the card, the applicant used to be required to submit a paper "taxation certificate" and other documents, but from now on, the government will electronically verify the information through the My Number system,Practically impossible to hide "excessive income" from too many part-time jobswill be.
3. check for non-payment of social insurance and national pension
Until now, payment of National Health Insurance and National Pension has been uncertain for many international students, but with the linkage to the My Number system, these "payment statuses" will also be rigorously checked.
- When applying for a change to a work visa,Cases of inadmissibility due to "non-payment of fees while an international studenthas already begun to increase.
Specific legal risks faced by businesses
The following are some of the impacts that businesses will experience as a result of the increased management by my number.
- Less likely to be found "bona fide negligence." The excuse "because the person said it was okay" is not acceptable in an age when data clearly shows violations. Businesses,As long as you have obtained your number and have properly reported your payroll, you are considered to have known about the maximum hours.
- Application of the crime of encouraging illegal employment (e.g., a fine of up to 3 million yen) If a violation is detected with my number, the Immigration Office can identify "where the foreign student is working (which company pays his/her salary). By this,An on-the-spot investigation of the employer will be conducted in the form of a "potato dice.Increased risk.
- Vacancies due to visa refusal of job offers Even if a job offer is made to an excellent student, if "overwork during school years" is discovered upon inquiry of the student's my number information, the change to a work visa will be disapproved. There is a risk that many students will be told just before joining a company that they cannot work because they cannot get a visa.
Measures to be taken by businesses now
- Secure collection and management of my number: Please ensure that you collect your number, which is mandatory, and report your payroll correctly (concealment leads to heavier penalties).
- Periodic updates to the "Combined Hours" self-report: Have them submit a written "part-time work status elsewhere" every six months to provide evidence that they are not exceeding 28 hours due to double work.
- Income Verification" prior to change of work visa: When hiring a foreign student as a full-time employee, checking in advance that his/her income for the previous year does not significantly exceed 1.6 million yen (i.e., that he/she did not violate the law while a student) is a way to prevent hiring mismatches.
Based on the understanding that "the system will find out," stricter shift management and compliance are required than ever before.
