Shift management methods for international students that adhere to the 28-hour rule and the risks of violating it

As we move forward with hiring foreigners, managing the shifts of international students working part-time is a major challenge for human resources and recruitment personnel.

There is a work limit of "up to 28 hours per week" for international students, and if you work multiple jobs or mismanage your vacation period, you risk unknowingly violating this limit.in XNUMX minutes by bus from Yonago Station.

If a violation is discovered, not only the individual but also the company may be subject to penalties, which could have a significant impact on the company's employment brand and credibility.

In this article, we will explain in detail how to properly understand the 28-hour rule and take into account points to note when hiring foreigners for part-time work. By establishing an appropriate management system, you can create an environment where talented foreign staff can work with peace of mind while also ensuring strict compliance with laws and regulations.

By acquiring the correct knowledge and management methods, you can avoid the risk of violations and utilize part-time international students as a valuable asset to your company in the long term. These efforts will lead to stable organizational growth and the creation of an international workplace, so be sure to take a look at this article.

Basic rules and points to note when hiring foreigners

When hiring international students as part-time workers, it is important to keep in mind the "28-hour rule."

This meansFor international students with "permission to engage in activities other than those permitted under the status of residence ...If you violate this law, not only will your residence status be revoked, but your employer will also be subject to punishment.

The important thing here is how the week is calculated.Regardless of the day of the week, the rule is that the week must be within 28 hours (a week is seven consecutive days regardless of the day of the week)..

Confusing this with the closing date for payroll calculations or the start date of a shift schedule can lead to unintentional violations of the rules. Hiring managers should always check the residence card and permission to engage in activities other than those permitted under the status of residence granted before hiring, and make sure they understand the working conditions properly.

[Foreigner part-time job] Shift management tips

Shift management is the most difficult aspect of hiring part-time international students. Here, we will introduce specific strategies for shift management.

How to check and manage multiple jobs

It is common for international students to have multiple part-time jobs. Even if your company determines that 20 hours is no problem, if you include work at other companies, it may exceed 28 hours.

For example, many international students work at convenience stores and izakaya chains, which can lead to overwork.

If a student works 10-12 hours a week at two different workplaces, the combined total will exceed 30 hours, which is a violation of the rules. This is also because the shifts were set without checking the student's working status.

at the time of hiringCheck whether you work for another company and your working hoursIt is also very important to establish a system in place requiring employees to submit pledges and work status reports.

Thoroughly follow the weekly starting date

The 28-hour limit is calculated based on a calendar week (e.g., Monday to Sunday, Wednesday to Tuesday). This may differ from the payroll calculation period or shift cycle, so both the student and the employer need to be aware of this.

[How to count weeks (example)]

Week division	Start date (example)	End date (example)	Available working hours
Week 1	9 / 2 (month)	9 / 8 (day)	Within 28 hours
Week 2	9 / 11 (Wed)	9 / 17 (Tue)	Within 28 hours

Even though payroll calculations are closed at the end of the month, attendance management must be calculated on a calendar week basis in accordance with the law.

For example, let's say you worked at the following pace at the end of the month.

• Total hours worked in August: 24 hours
• September: 7 hours

So, at first glance, it seems like there is no problem. However, if you look at it over the legal calendar week (August 26th to September 1st), it comes to a total of 31 hours, which is a violation.

In this case, because salaries were managed at the end of the month, the employee did not realize that he had exceeded the legal limit of 28 hours per week.

[Differences between end-of-month payroll calculations and shift management standards]

Date	Working hours	Month-end payroll summary	Attendance: Calendar week (August 26th to September 1st)
8 / 28 (Wed)	8 hours	August work = 24 hours
8 / 30 (gold)	8 hours
On 8 /31 (Saturday)	8 hours
9 / 1 (day)	7 hours	August work = 7 hours	Total 31 hours → Violation of the 28-hour rule ⚠️

As such, if you are not aware that the standards for payroll calculation and shift management are different, you could be at risk of violating them. If possible, it is advisable to use an attendance management system and implement a system that allows for "automatic calculations every calendar week."

Handling breaks properly

Under the Labor Standards Act, breaks are not included in working hours.Missed time stamps and system configuration errorsIf breaks are also counted as working hours, the total hours may appear to exceed 28 hours.

For example, consider the case where an employee clocks out without clocking out a break. Even though the actual working hours per week are 26 hours, they will be recorded as 30 hours. This could result in the company being investigated.

Make sure to have a system in place for employees to clock in and out of breaks, and be sure to have the shift manager check it as well.

Alert settings before shift confirmation

When scheduling shifts, employees who are likely to exceed 28 hours per weekIntroducing a system that issues alertsThis will prevent excess risk from occurring.

For example, you could use conditional formatting in Excel, or an automatic warning function in the system, to create a system that automatically warns of "potential overtime" on the shift schedule. However, it's best not to leave all of the management up to the field, and for the HR department to perform a final check.

Exception rules for long holidays (summer vacation, winter vacation, summer vacation)

Summer vacation, winter vacation, spring vacation, etc. based on school regulationsDuring vacation periods, international students can work up to 40 hours per week..

For companies, this is an opportunity to increase shifts."The definition of holidays is determined by the school's academic regulations."It is important to note that weeks with fewer classes or weeks with only online classes will not be treated as holidays.

For example, let's say you schedule a 40-hour shift, thinking that classes are over and summer vacation is underway, but the official start of school vacation is the following week, meaning you'll unintentionally be in violation of the 28-hour limit during term time.

The definition of vacation periods is determined by the school's academic regulations, not the student. It is safest to check the academic calendar and have the employee provide proof of vacation.

Handling of 40-hour work shifts and points to note

Even during vacation periods, work hours are limited to 40 hours per week, including multiple jobs.For example, if an employee works 40 hours at your company, but works 5 hours at another company, this will be considered 45 hours, which is a violation.

If the international student thinks, "It's only a few hours, so it's no problem," the company won't notice. It's important for both parties to share the rules for working multiple jobs.

[Differences between restrictions during semesters and long holidays]

Classification	during the semester	Long holidays (summer, winter, and spring holidays)
Weekly limit	Up to 28 hour	Up to 40 hour
How to calculate the week	A week is seven consecutive days, regardless of the day of the week.	A week is seven consecutive days, regardless of the day of the week.
Warnings	Multiple part-time jobs totaling up to 28 hours	Up to 40 hours, including work at other companies. Weeks with fewer classes and online classes are not included.

Corporate risks and penalties in the event of non-compliance

If the 28-hour rule is violated, the student willRevocation of status of residence or forced deportationIt may be that the companyCharged with "promoting illegal employment" and sentenced to imprisonment of up to three years or a fine of up to 3 million yen There is a risk of being fined.

In addition to penalties for corporations, managers and executives involved in recruitment and management may also be held responsible.

Furthermore, if a company is deemed to be an inappropriate business operator under the Ministry of Health, Labor and Welfare's "Foreign Employment Status Notification System," it may be subject to restrictions on recruitment activities. Violations are not just labor-related troubles; they are serious issues that directly affect the survival and credibility of the company.

Frequently asked questions about the 28-hour rule for international students

Here we answer some frequently asked questions about the 28-hour rule.

Q1. Can I work more than 28 hours even if classes are online only in the week?

 → No. During the semester, the maximum number of hours is 28, regardless of the type of class.

Q2. Who decides the definition of summer vacation?

→ Only vacation periods stipulated by the school regulations are permitted. Vacations cannot be permitted at the student's own discretion.

Q3. Is it okay if I only overwork my shift once?

 → A single violation is a violation. The punishment will vary depending on whether the violation was serious or not, but the company may be held responsible.

Q4. How should shifts be managed across multiple stores?

 → It is desirable to not only have employees report their attendance data themselves, but also to establish a system for centrally managing attendance data within the group.

Q5. Can I work an 8-hour shift in one day?

→ Yes, it is possible, provided that the total number of hours worked does not exceed 28 hours per week (40 hours during holidays).

Summary: Safe and secure shift management for hiring part-time international students

Hiring foreign staff for part-time workCorrectly understand the 28-hour rule and thoroughly manage shiftsis the key point.

Violation of the rules will undermine a company's credibility and directly lead to a decline in its recruiting power. Comprehensive risk management is required, including checking whether employees are working multiple jobs and confirming vacation periods.

The points to check when managing shifts are as follows:

Foreign staff are a valuable asset for companies. However, if proper shift management is neglected, companies risk violating laws and regulations and losing credibility. With the right knowledge and systems in place, companies can proceed with recruitment with peace of mind.

Once again, we will look back at our management system.We are starting to create a system that will ensure compliance with the 28-hour rule.This will help ensure the reliability of the company and create a workplace where international students can feel at ease and demonstrate their abilities.

▶"I'm worried about whether my company's management system is really adequate."
▶ "I want expert support regarding the rules and practices of hiring foreigners."

In that case, please contact us.Consult with Fine Staff.