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wangtesol
Joined: 24 May 2005
Posts: 280
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 Posted: Fri Mar 24, 2006 2:31 am Post subject: |
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| I suppose that's one potential danger area that applicants have to be aware of, but I think it's overly cynical to suggest that companies in any country use third parties for recruitment purely so they can mislead applicants about working conditions. |
Cheating migrant workers out of shakai hoken is a current problem, not a potential one.
I could show you an application for the largest Taiwanese language school (Global Village) where it says right on the form, "Do you the governments health insuracne plan? Yes or No?"
Why don't recruiters for big Japanese schools such as Nova, ECC, GEOS, or AEON have such a question on their job application forms? |
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Firestarter
Joined: 12 Feb 2006
Posts: 55
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| Posted: Fri Mar 24, 2006 3:00 am Post subject: |
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[quote="wangtesol"]
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I could show you an application for the largest Taiwanese language school (Global Village) where it says right on the form, "Do you the governments health insuracne plan? Yes or No?"
Why don't recruiters for big Japanese schools such as Nova, ECC, GEOS, or AEON have such a question on their job application forms? |
Not sure. Probably because the government doesn't require it and/or enforce it. I can't speak for any other company beyond ECC. My recruiter said that you should be enrolled in national health if you're resident in Japan. He also said that most don't enroll themselves and that it has nothing to do with the company. |
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callmesim
Joined: 27 Oct 2005
Posts: 279
Location: London, UK
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| Posted: Fri Mar 24, 2006 3:25 pm Post subject: |
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| At my ECC recruitment interview, there was an ECC representative from their HQ and he was very open about the no Health Insurance contribution thing. As with Firestarter, I can't comment on other schools but there was nothing underhanded about how ECC presented it. |
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wangtesol
Joined: 24 May 2005
Posts: 280
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| Posted: Fri Mar 24, 2006 7:46 pm Post subject: work conditions must be in writing |
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Okay, well another labor educator sent me this link on Japan's Employment Security Law.
http://www.law.uiuc.edu/publications/cll&pj/archive/vol_22/issue_4/IkukoArticle22-4.pdf
On page 2 it says...
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| Basic conditions such as the naure of the work to be performed, the term of the contact, location of the workplace, wages, working hours and labor and social insurance must be described in writing. |
And since ECC did not tell you in writing about shakai hoken (health insurance) this is a violation of Employment Security Law.
It also says...
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| ...fines or prison sentences are imposed on employment agencies or other recruiting entities found guilty of falsifying information in the advertisement or description of working conditions. |
So, if you really want to give ECC a run for their money, I think you have some ammo. |
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Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
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| Posted: Sat Mar 25, 2006 1:36 pm Post subject: |
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A. Specification of Working Conditions at the Recruiting StageThe ESL contains regulations requiring the specification of
working conditions at the recruiting stage. These regulations are
intended to assist workers in selecting employment suited to their
expectations and aptitudes. They require employment agencies and
other recruiting entities to specify working conditions to job seekers
or applicants. Basic conditions, such as the nature of the work to be
performed, the term of the contract, location of the workplace, wages,
working hours, and labor and social insurance must be described in
writing.1
1. Employment Security Law, Law No. 141 of 1947, art. 5-3 [hereinafter �ESL�];Enforcement Provisions ESL, art. 4-2.
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B. Specification of Working Conditions When Hiring WorkersThe LSL contains regulations governing the specification of working conditions when workers are hired (upon the conclusion of the labor contract). They are intended to prevent employees from being compelled to accede to unanticipated, substandard working
conditions after they are hired. The regulations require that
employees� rights and obligations be elucidated in the labor contract,
and that employers specify wages, working hours, and other working
conditions when labor contracts are concluded.6
The LSL requires that the following working conditions be
specified: (1) term of the labor contract; (2) location of the workplace
and nature of work to be performed; (3) the beginning and end of the
workday, working hours, overtime work, time allotted for rest periods,
paid holidays, paid vacation, shift work; (4) methods used to
determine and calculate wages, payment methods, deadline for
payments or payment date, promotions; (5) resignation or retirement;
(6) eligibility for retirement benefits, methods used to determine,
calculate, and pay retirement benefits; payment date; (7) bonuses and
special allowances, minimum wage; ( responsibility for the cost of
employees� meals, tools, and other related expenses; (9) safety and
hygiene; (10) vocational training; (11) accident compensation,
compensation for injuries and sick pay; (12) rewards and punishments;
and, (13) layoffs.7 Of these conditions, (1) through (5) must be
specified in writing.8 |
I copied these snippets from wantesol's cited article ( a rare and good one, I might add). Please note that the first snippet talks about what is required during recruitment stages, and that the second one refers only to the contract, and that the contract doesn't have to mention insurance at all.
BTW, NOVA requires insurance before you land in Japan. Of course, you have to take our your own policy or go with theirs (JMA) and will have a bit of problem getting off JMA to take national health insurance, but you DO have that option, I believe. Not much about the JMA on the NOVA web site, but others have reported that during recruitment they are told more.
AEON's web page states: " Teachers will be covered by the company-designated overseas travel accident insurance plan. No premium or deductibles are paid by the teacher. " I'm not sure if you hear about any insurance options during recruitment.
ECC has already been discussed here.
GEOS says on its web site about contracts: "GEOS provides you with health and accident insurance which covers basic medical care while employed in Japan. You do not need to pay any premiums or deductibles - these are covered by GEOS. This health coverage is only valid when you are in Japan, not in other countries. Dental, maternity, vision, and pre-existing conditions are not covered." This is similar in principle to what AEON says.
So, in a certain way, these places are covering themselves to the letter of the law, as far as I see it. Are they being completely up front? No, but that's because they probably want their share of the insurance kickbacks if you take their policy. Greedy but not necessarily illegal, is it? |
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