This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original（日本語版を読む）
The Japanese 労働基準法 (Labour Standards Act) applies regardless of nationality or status of residence, so an employer must grant paid annual leave to a student working part-time if the conditions are met. In practice, hours taken as paid annual leave are said not to count as actual hours worked towards the 28 hours per week allowed under 資格外活動.
A guide for readers who want to know whether paid annual leave has anything to do with a student's part-time job.
Yes. If the conditions are met, paid annual leave arises just as it does for a regular employee.
The Japanese 労働基準法 applies to everyone who works in Japan, regardless of nationality or status of residence. Even if you hold 在留資格「留学」 (Student) and are limited to 28 hours per week, paid annual leave arises once you have worked continuously for 6 months from the day you were taken on and have attended at least 8割 (eight tenths) of all working days. These conditions are the same as for a regular employee. Where a part-timer works few hours a week, paid annual leave is granted in proportion to the number of days worked. For example, if you work 3 days a week, then once 6 months have passed since you started and you have attended properly, you are granted 5 days of paid annual leave to begin with, and the number of days granted then rises with your years of service.
The 28 hours per week under 資格外活動 means actual hours worked, so hours taken as paid annual leave are said not to be included.
The 28 hours per week under 資格外活動 means actual hours worked, so the scheduled working hours of a day taken as paid annual leave are said not to be included in the 28 hours. For example, if the scheduled working hours for a given day are 8 hours and you take half a day as paid leave, you are paid for 4 hours as paid annual leave, but those 4 hours are not actual hours worked and so are not included in the 28 hours. If you work the remaining 4 hours of that day, only those 4 hours count as actual hours worked towards the 28 hours per week.
During a long holiday period set by the school, you may work up to 40 hours per week, excluding paid annual leave.
During a long holiday period set by the school there is a special rule allowing you to work up to 8 hours in 1 day and 40 hours in a week, and during that period you may work up to 40 hours per week, excluding paid annual leave. This special rule does not apply outside the period officially set by the school, for example on days you take off for your own reasons.
Where a worker is granted 10 days or more of paid annual leave a year, the employer must ensure that 5 days a year are taken.
Since the law was amended in 2019, where a worker is granted 10 days or more of paid annual leave a year, the employer must make sure that 5 days a year of paid annual leave are actually taken. A student working part-time may come within this duty to ensure that 5 days a year are taken if the number of scheduled working days per week is high (4 days or more a week, for example). An employer cannot refuse to grant paid annual leave on the grounds that you are a foreign national or a student.
If fear of overwork makes you hesitate to use your paid leave, or makes you cut back your working hours, the income you were counting on falls, and that can threaten a settled life. It is important to know the rules accurately and to understand how to use paid annual leave properly.
If the conditions are met (continuous employment for 6 months from being taken on, and attendance on at least 8割, eight tenths, of all working days), paid annual leave arises just as it does for a regular employee.
They are said not to be included. The 28 hours per week under 資格外活動 means actual hours worked, so hours taken as paid annual leave do not count.
During a long holiday period officially set by the school, it is said that you may work up to 40 hours per week, excluding paid annual leave.
Tell us your situation and we will answer it directly. Available in Japanese and English.
Get a free consultationThis article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.