As summer holidays draw near, some companies start hiring high school students as part-timers. This article explains key points in employing high school students.
[1] Age category under the Labor Standards Act
The Labor Standards Act uses the following age definitions;
As a basic rule, employers cannot engage a “child” in labor and must follow regulations when they hire “minors,” a category which many high school students fall into. Companies need to understand the rules regarding hiring of minors under the Labor Standards Act.
[2] Specific points
There are three points to mainly watch out for.
1. Check the students’ ages and keep documents that prove their ages in the workplace
2. Observe rules regarding work hours and holidays
3. Observe rules regarding the limitation to late-night work
When a company signs a labor contract with a high school student, parental consent is necessary. The company is also required to keep an official document proving the student’s age (certificate of entry in the resident card, etc.) in the workplace. Violation of this rule is subject to a fine not exceeding 300,000 yen.)
As for 2, employers are not allowed to make high school students work more than 8 hours a day, 40 hours a week. A variable work hour system cannot be applied to high school students, however, the following exceptions may be used for workers aged 15 or older and under 18.
- Daily work hours may be extended to up to 10 hours by reducing hours on another day in the same week to 4 hours or less and ensuring that weekly work hours do not exceed 40 hours.
- Monthly or annual variable work hour system may be used if daily and weekly work hours do not exceed 8 hours and 48 hours, respectively.
Overtime work is allowed for workers aged 18 or older by signing the 36 Agreement and submitting it to the Labor Standards Inspection Office, however, this rule is not applicable to high school students.
Making high school students work between 10 p.m. and 5 a.m. is prohibited, even if they have desired or agreed to do so. Late-night work is allowed for workers aged 16 or older who are on a rotating shift under certain circumstances.
These are some of the legal restrictions on employing high school students, which are different from those for adults. It is crucial for their managers to understand the rules and carry out appropriate personnel management.
[Reference]
The Ministry of Labour, “Notes for employers hiring high school students”
https://www.mhlw.go.jp/new-info/kobetu/roudou/gyousei/kantoku/dl/040330-8a.pdf
*The information is based on laws and regulations as of the date of the original article.
