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juliecao611
Joined: 10 Jun 2004
Posts: 8
Location: Los Angeles, California
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 Posted: Wed Apr 13, 2005 5:34 am Post subject: Health Insurance and Pension Plan Question |
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| We have been in nagano about a month now and are getting used to the life working for a small conversation school. they have been very fair to us and when we asked about health care they gave us a pamphlet about the health and pension plan. after doing some research it sounds like a rather lot of money for us and our employer to pay when we are not planning to be in japan forever, even if we get some back when we leave. we went to the city hall and they gave us some info on another goverment plan that would cost only 24,000 yen for the whole year for the both of us being we are a couple. our boss took this to her consultant and he took it to the social service people and they are now saying we must sign up for the pension plan or else it is illegal and she will be fined. When we inteviewed with interac they told us they did health insurance through a private company from nz as to avoid the pension deal. we are wondering what the rest of you are doing for health care as we dont want to be sucked into paying into the pension plan if we dont have to. any advice would be appreciated |
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canuck
Joined: 11 May 2003
Posts: 1921
Location: Japan
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| Posted: Wed Apr 13, 2005 5:42 am Post subject: |
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I use Interglobal and they are a New Zealand based company. www.interglobal-nz.biz
You must have health insurance...that's the law. It's not a bad idea either, knowing the medical costs. I pay around $700 US a year, for excellent coverage. |
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Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
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| Posted: Wed Apr 13, 2005 6:11 am Post subject: |
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julie,
Just how long did you plan to stay? |
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JimDunlop2
Joined: 31 Jan 2003
Posts: 2286
Location: Japan
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jojoebi
Joined: 04 Apr 2005
Posts: 14
Location: japan
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| Posted: Wed Apr 13, 2005 7:34 am Post subject: |
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there was an article about this in the japan times yesterday.
if you are full time then your company MUST sign you up for the company health plan and pension. They have to pay half. alternatively you can join the government health scheme, which is cheap the first year because it is calculated from your previous years earnings in japan. (if you don't join and then decide the following year you will be wacked with back-pay). the payments for either health scheme you will never see again, the pension on the other hand is refundable (up to 3 years worth) once you have left japan. |
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Iwantmyrightsnow
Joined: 12 Feb 2004
Posts: 202
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| Posted: Wed Apr 13, 2005 8:00 am Post subject: |
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There are actually two kinds of health/pension.
1. Shakai Hoken that your employer is required half of. This is not thru the city hall (ward office).
2. Kokumin Kenko Hoken (National Health Insurance) thru your ward office. This is only meant for the self-employed and part-timers. Your employer pays nothing towards this. You are required to enroll in this if you are not enroledl in Shakai Hoken. Now that you have tiped off the ward office there is a big chance they will come after you to pay.
As mentioned before, your employer is required by law to enroll you in Shakai Hoken. This depends on the number of employees and a few other things.
Shakai Hoken has a lot of benefits like income protection, a guarantee you will get help at a government hospital and not be turned away, along with a refund of your pension contributions. The refund has a maximum but if you are here for 3 years or lease you will benefit. Initial high monthly payments will be offset by a large cash payout when you return to your home country. Roughly 3 months salary.
You still get the refund if you are here more than 3 yeasr but the amount is capped.
see www.generalunion.org for more info |
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juliecao611
Joined: 10 Jun 2004
Posts: 8
Location: Los Angeles, California
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| Posted: Wed Apr 13, 2005 9:37 am Post subject: |
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| of course we want to fufill our contract and plan on staying at least until next april. we havent been here for the winter and our decision to stay longer will be made after next winter. the pension payout doubles after 12 months and if we are forced to sign up that would probably make us want to stay at least 1.5 to 2 years. our boss has seven employees and does that mean we must sign up for the pension. we are contracted to work 25 hours a week although right now it is about 20 as she is still enrolling more students. it makes a lot more sense finacially to go through the ward/city hall insurance. but they are saying we cant do this anymore. and cant even go get private insurance. we want to know if this is true, it seems like we should be able to choose our type insurance. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Wed Apr 13, 2005 10:05 am Post subject: |
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| juliecao611 wrote: |
| of course we want to fufill our contract and plan on staying at least until next april. we havent been here for the winter and our decision to stay longer will be made after next winter. the pension payout doubles after 12 months and if we are forced to sign up that would probably make us want to stay at least 1.5 to 2 years. our boss has seven employees and does that mean we must sign up for the pension. we are contracted to work 25 hours a week although right now it is about 20 as she is still enrolling more students. it makes a lot more sense finacially to go through the ward/city hall insurance. but they are saying we cant do this anymore. and cant even go get private insurance. we want to know if this is true, it seems like we should be able to choose our type insurance. |
Julie, the problem lies in what is considered full time employment. By law, all full time Japanese and foreign employers are required to have health insurance, either the government one or private health insurance. You have a sponsored work visa, maybe a 40 hour work week, but are probably only teaching 20-25 hours a week. According to the city office full time hours means you are working 2/3 or more of a full time, 40 hour a week schedule, which works out to about 26.5 hour of all contact time with students which is all that NOVA counts. Your actual clock in-clock out hours are the ones that they count.
NOVA got away with not paying as they counted all their full time teachers as teaching under 26 hours (but working on the job 40) or as part timers. the law has finally caught up with them and now the Health Insurance people are asking NOVA to pay up with back payments on all its foreign staff, all 4000 of them.
Your boss may be saying as you only work 25 hours a week you are part time, he doesnt want to pay 50% of your premiums, considering he cant probably afford it when you are on a light schedule. Either he losesmoney, loses students or breaks the law by not paying. They are required to obey the law but not if it means operating at a loss or pricing himself out of a paying student. he may as well go out of business, as this is the fine line that some schools are operating under. he would rather avoid paying to save money he desperately needs, and if he can avoid getting caught he will.
Now that you have been to city hall and said you are full time, they will probably say that you have to sign up with them (I doubt they will send you over the road to the private guys, and may even say you cant get private insurance. in a sense you have shut the barn door behind you. Your boss feels a bit hemmed in as he is being told to pay, though you dont have the hours yet and are not really making him a profit.
The pension refund by the way, is 2.4 months salary returned to you if you stay here for a 3 year term, and a bit less if its only 2 years. |
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spidey
Joined: 29 Jun 2004
Posts: 382
Location: Web-slinging over Japan...
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| Posted: Thu Apr 14, 2005 2:36 am Post subject: |
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I have a question regarding the definition of being a company employee or being self-employed.
I'm sure that 99% of the teachers working in Japan are doing so under contract.
Does this mean that we are considered being self-employed? And therefore our companies are not required by law to sign us up for Shakaihoken? I am considered full time according to my company but not considered a company employee due to the contract. This is confusing to say the least and I would like some verification as to my rights in this situation |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Thu Apr 14, 2005 2:56 am Post subject: |
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| spidey wrote: |
I have a question regarding the definition of being a company employee or being self-employed.
I'm sure that 99% of the teachers working in Japan are doing so under contract.
Does this mean that we are considered being self-employed? And therefore our companies are not required by law to sign us up for Shakaihoken? I am considered full time according to my company but not considered a company employee due to the contract. This is confusing to say the least and I would like some verification as to my rights in this situation |
The company is playing semantic word games with you. they are sponsoring your visa, they are paying you a monthly salary and they are within their rights to fire you. Without them you dont have a job or a salary. They hired you to work for them as a salaried employee.
If you are self employed you are contracting out your services to the highest bidder, and billing them for your services. If you are self-employed you will be doing your own taxes and deducting your rent phone and business expenses off your taxes. As an employee you can not do these things. If you are self-employed you would likely also sponsor your own visa, without needing your 'employer' to sponsor you. Do you have your own office and do you invoice your compnay every month for the work that you do for them? What do you do about taxes?
They are saying you are self employed or a contracted employee i.e. you dont work for them but you teach their students which are assigned to you.
This is how they avoid paying you insurance as you are not officially on their books as an employee, though they send you out to teach everyday, and take taxes out of your wages. |
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spidey
Joined: 29 Jun 2004
Posts: 382
Location: Web-slinging over Japan...
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| Posted: Thu Apr 14, 2005 3:07 am Post subject: |
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Understood. Thanks.
But this still leaves the question of obligation.
Are they obligated to sign me up or are they using a loophole in the system to avoid paying? |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Thu Apr 14, 2005 3:13 am Post subject: |
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| spidey wrote: |
Understood. Thanks.
But this still leaves the question of obligation.
Are they obligated to sign me up or are they using a loophole in the system to avoid paying? |
You are obligated to have insurance of some kind. If you dont have private insurance they are obligated to sign you up in the national plan if you are considered full time. (Ask your employer you will get a waffly answer about only working 26 hours, not considered full time like the Japanese employees and being a self-employed contracted worker not really working for the company)
If you ask to be put on the national health plan, by law they can not refuse you, but in many cases employers dont tell you that is an option. Many employers 'forget' to tell you you have to ask to be put on it, as many will not offer to put you on. Very subtle difference here.
Yes, my guess is they are using a loophole, just like the eikaiwas before them. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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Iwantmyrightsnow
Joined: 12 Feb 2004
Posts: 202
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| Posted: Fri Apr 15, 2005 1:56 am Post subject: |
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| spidey wrote: |
Understood. Thanks.
But this still leaves the question of obligation.
Are they obligated to sign me up or are they using a loophole in the system to avoid paying? |
If the contract says you are full-time or around 3/4 of a full-timers hours, you must be enrolled.
Some scoundrels try to set-up a sub-contractor system but this is illegal and there have been orders at some companies by Labour Standards office that the people are empoyees and not sub-contractors for the reasons PaulH stated earlier. Some try to use it as an excuse not to give paid vacation. One company to beware of is Ziac. |
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