In this article, we answer frequently asked questions about hiring foreign nationals in a Q&A format. We will continue to add to this page over time.

Q. Is it acceptable to ask international students to work night shifts?

A. Yes. There is no problem with having international students work night shifts. In practice, many convenience stores and restaurants already have international students working night shifts.

However, if you ask them to work night shifts at a nursing care facility, please do so only after they have built up a certain track record on day shifts. International students often find Japanese difficult, and work that requires emergency response can be challenging for them.

Q. What should we keep in mind when hiring international students?

A.

When hiring international students as part-time workers, please note the following three restrictions.

Working hours are limited to 28 hours per week

When international students work, they do so as part-time workers under a “Student” visa. Part-time work under a Student visa is limited by law to “28 hours per week.” When managing employment, please ensure that they do not exceed 28 hours per week.

However, during long breaks such as summer and winter vacations, they may work up to 40 hours per week. Please decide on work during long breaks after thorough discussion with the international student.

Regarding school class hours

Many international students attend Japanese language schools or vocational schools. Class hours vary by school, but we introduce common patterns below. When hiring, please confirm class hours with the student.

Japanese language schools

Japanese language schools are divided into morning and afternoon courses, and students in the morning course have classes only in the morning (the same applies to the afternoon course). Typical start and end times are 9:00–12:00 for the morning course and 13:00–16:00 for the afternoon course.

Nursing care vocational schools

Nursing care vocational schools may hold classes from 9:00 a.m. to 2:30 p.m., or from 9:00 a.m. to 4:00 p.m., among other patterns. Unlike Japanese language schools, classes are not limited to mornings or afternoons only, so please take this into account when scheduling shifts.

Q. Please explain the basic rules when hiring foreign nationals.

First, as a basic premise, when hiring foreign nationals, the Labor Standards Act, minimum wage, and social insurance apply in the same way as for Japanese nationals. As far as possible, please set treatment and conditions equivalent to those of Japanese employees doing the same work. There are also conditions related to work eligibility.

Working conditions, insurance, and taxes

In principle, please treat social insurance such as health insurance and employment insurance, as well as income tax and inhabitant tax, in the same way as for Japanese nationals. Discriminatory treatment is prohibited by law. However, international students working part-time do not enroll in employment insurance. Residence certificates are issued for foreign nationals on the same basis as for Japanese nationals. Social insurance and tax handling may be processed in the same way as for Japanese nationals.

Points specific to foreign employees

Please pay particular attention to the following cases.

Make a copy of the residence card and confirm that the person is not staying illegally.

Do not hire anyone who is staying illegally. Hiring someone who is staying illegally can also result in penalties for the workplace. Make a copy of the residence card and check the period of stay and status of residence. If the status of residence has expired, stay is not permitted and the person cannot work. Making a copy of the residence card is extremely important. Even if there is a discrepancy between the content of the residence card and the actual situation, the employer is generally not held responsible.

http://www.moj.go.jp/isa/policies/policies/rcc-support.html

Confirm work eligibility and work restrictions.

If an international student is working part-time, confirm that they do not exceed 28 hours per week. Also, in the case of a work visa, do not assign work that does not match the content of the visa. Unskilled labor is prohibited.

File a notification with Hello Work.

When you hire a foreign national, whether as a full-time employee or a part-time worker, notification to Hello Work is now required. You must file a notification with Hello Work at the time of hiring and at the time of separation. For foreign nationals who enroll in employment insurance as regular employees or similar, you will enter nationality, region, and other details on the employment insurance insured person qualification acquisition notification. The same applies at separation.

Other specific matters

If you have any other questions, please contact YourBright Inc.