A.If you hire at a part-time job, first check out the "Part-time job permission". And that's not all!
Hi everyone, I am an imigration lawyer(administrative scrivener) at Takadanobaba in Shinjyuku.
Today I would like to consider the points in hiring foreign students as part-time workers.
There are quite many things to keep in mind when hiring foreign students as part-time workers.
I will write from now on, but the point is that the more you go, the most company does not check.
①Part-time job permission
First of all, you must check this permission.
In precisely speaking, it is named "PERMISSION TO ENGAGE IN ACTIVITY OTHER THAN THAT PERMITTED UNDER THE STATUS OF RESIDENCE PREVIOUSLY GRANTED".
Let he/she show the actual resident card at the time of the interview.
From the front view, first of all, you must check the status of residence "Student".
Then, you must check that the period of residence has not expired properly.
And, look at the reverse side and check wheter the stamp of "Part-time job permission" is pushed on the card or not.
Please be aware that you can not let him/her work as a part-time worker, unless the stamp is pushed.
I think most employers are doing up to here.
The problem is from the next.
②Check whether he/she is now student of a school or not
You do not have to ask for a student certificate, but ask for the school name and the school phone number.
And if you do not have a student certificate, call the school.
The reason is that foreigners who quit school can NOT work any more as a part-time worker.
This is a clear the Immigration Law violation.
If not only the foreigner but also the employer is not confirmed, it will be imprisonment for up to three years or a fine of 3 million or less for promoting illegal work.
Really, please be careful.
The status of residence "Student" is effective if he/she is going at school.
In other words, if he/she leaves school or graduated from there, he/she can NOT work even if there is a stamp for "Part-time job permission".
There are many foreigners who work as a part-time worker in several months and return to home, but it is illegal.
As an employer, this confirmation is mandatory, so please be careful.
③Check whether he/she have an other part-time job or not
This is difficult to check, but it is safer to get an oath that not doing another job をwhen you employ him/her.
Or, record the his/her words with using voice recorder(smart phone etc.).
Under the "Part-time job permission", one can only work within 28 hours a week.
This is not for one office, the total time is 28 hours a week.
In other words, if he/she works 10 hours a week elsewhere, he/she can ONLY work up to 18 hours a week in your company.
If you let him/her work without your confirmation and go over 28 hours a week, you will be accused of promoting illegal work.
It is recommended that you always leave evidence that you did not know.
By the way, the 28-hour limit is removed only during the school's long holidays.
During this period, you can let him/her enter a part-time shift just like Japanese people.
④Report to the " Hello Work" (Reference URL is here)
Once you have hired a foreigner, you need to submit a notification to the "Hello Work".
If you do not do this, you may be fined under 300,000 yen, so be careful.
Most recently, you will be required to write a residence card number as well, so I would like you to respond early.
⑤Check whether he/she are going to school properly
It is fine if you don't let he/she submit an attendance rate and the grade sheet of school, but please be careful and ask him/her whether he/she is going to school or not.
In particular, if the attendance rate is low at Japanese language schools or vocational schools(Senmon-gakko) in Japan, visa can not be extended.
(In an university, if the grade is too bad and repeated, the extension will be dangerous.)
If you want him/her to work for a long time at your company, you must encourage him/her for going to school and study hard.
As mentioned above, there are a lot of things to think about when you hire a foreign student (same as a family stay) as a part-time job.
As it is all the duty of the employment side, I would like you to protect yourself by all means.
Extra edition: If you want to change a part-time job worker to a full-time employee, what are points ?
For this, I will write another article about the details.
Keep in mind that the educational background of the employee is particularly important.
If he/she has not graduated from a university in a home country, he/she need to graduate from a vocational school(Senmon-gakko) or an university in Japan.
(Only in the case of the status of residence “Engineer/Specialist in Humanities/International Services”visa which is a general work visa)
In particular, if you are at a Japanese language school or a vocational school, there are many things to consider, so be careful.