How to check residency status when hiring a part-time foreigner

Employment of Part-time Foreigners Precautions Confirmation of Status of Residence

The demand for foreign part-time workers, especially in the convenience store, restaurant, and logistics industries, is increasing year by year. While contributing to the resolution of labor shortages,Failure to verify residency status risks a company being charged with encouraging illegal employment. also exists.

How many hours per week can international students work? What is a "Permission to Engage in Activity other than that Permitted under the Status of Residence?" What should I look for on a residence card? --These are questions that many companies have.

In this article,How to Check Resident Status and Points to Note When Hiring a Part-Time Foreigner will be explained in detail for corporate HR and recruiters.


TOC

1. employment of part-time foreigners and legal considerations

How to hire a foreigner as a part-time worker,Whether your status of residence permits part-time work should be checked.

What is the crime of encouraging illegal employment?

Under the Immigration Control and Refugee Recognition Act, a company or person responsible for employing a foreigner who works illegally is guilty of "encouraging illegal employment,Up to 3 years imprisonment or a fine of up to 3 million yen This can result in a heavy criminal penalty of

In other words, it is not enough to say "I didn't know," but the employing company has a strict obligation to check.


What is the status of residence that allows me to work part-time?

Whether or not a part-time job is allowed depends on the status of residence.

Typical status of residence that allows part-time work

  1. Study abroad (permission to engage in activities other than those permitted under the status of residence required)
    • As a general rule, within 28 hours per week
    • Up to 40 hours per week during long vacations
    • Part-time work is not permitted without permission to engage in activities outside of the status of residence.
  2. Family Residency (Permit to Engage in Activity other than that Permitted under the Status of Residence Required)
    • Cases where a spouse or child is staying in Japan
    • Can range up to 28 hours per week
  3. Permanent Resident, Spouse or Child of Japanese National, Permanent Resident
    • No work restrictions and freedom to work part-time

Residential status that does not allow part-time work

  • Short-term stay (for tourism and business purposes)
  • technical internship
  • Specified activities (if specified as not allowed to work)

How to check your resident card

When hiring a foreigner, the most basic and important Confirmation of Residence Card .

Points to check

  1. Type of Status of Residence
    • Check "Study Abroad," "Family Residency," "Permanent Resident," etc.
  2. Expiration of period of stay
    • Not employable if expired
  3. Whether or not there are work restrictions
    • The back of the residence card indicates whether or not the applicant has "permission to engage in an activity other than that permitted under the status of residence".

Common Misconceptions

  • Assumption that "since I have a college student visa, I can work part-time" → In fact, permission to engage in activities other than those permitted under the status of residence is required.
  • Employment without checking the expiration date → Illegal employment after the expiration date

4. a checklist of checks that must be performed prior to employment

The following are some of the checks that companies should perform before hiring a part-time worker

  • ✅ Make a copy of the front and back of your residence card and keep it.
  • ✅ Check if your status of residence allows you to work.
  • ✅ Check for permission to engage in activities outside of your status (check stamp and description)
  • ✅ Register the expiration date of your stay in the control chart
  • ✅ Explain working hour limits (no more than 28 hours per week)

5. notes after employment

Even after employment begins, management of foreign part-time workers must be ongoing.

Management of work hours

  • International students are illegally employed if they work more than 28 hours per week.
  • If you are working more than one part-time job, the total hours must not exceed 28 hours.

Management of Residency Periods

  • Employers have an obligation to properly manage the status and time limits of foreign nationals
  • A system to check the card periodically is desirable.

Employment Status Notification System

  • Notification must be submitted to Hello Work when a foreigner is hired or separated from employment.
  • Failure to submit can result in penalties for the company.

6. common cases of illegal employment

  • Employed a foreign student without permission to engage in activities other than those permitted under the status of residence as a part-time worker.
  • Student visa allowed him to work 40 hours a week.
  • Continued employment despite expiration of residency.
  • Hired a short-stay foreigner for a part-time job.

7. advantages of consulting an administrative scrivener

  • Can be professionally checked if there are concerns about how to verify or determine the residence card.
  • Support in applying for a Permit to Engage in Activity other than that Permitted under the Status of Residence
  • Advice on working hours and employment management systems

summary

When hiring a foreigner as a part-time worker,It is essential to confirm residency status and understand work restrictions It is. Failure to check will put your company at serious risk, so be sure to check your residence card and permission to engage in activities other than those permitted under the status of residence before hiring, and keep track of your working hours and period of stay after you are hired.

Our firm offers a wide range of services, from pre-employment checks for foreign part-time workers to support for applications for permission to engage in activities other than those permitted under the status of residence. If your company is concerned about hiring foreigners, please contact us for a consultation.

TOC