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Working part time against contract conditions

 
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nightsintodreams



Joined: 18 May 2010
Posts: 558

PostPosted: Fri Oct 10, 2014 7:20 am    Post subject: Working part time against contract conditions Reply with quote

OK, so a friend of mine (no really, a friend) believes that getting a second job or part time work/ private lessons is against the conditions of his cotract with his company.

I told him that it's a load of bull and a company can't stop him from doing part time work, especially considering you're not even technically a full time worker (they don't even pay his shakaihokken).

His response was that it doesn't matter if it's legal or not, if they find out they'll just probably not renew his contract.

So I said that they won't find out, and he said that they will because they file his taxes.

Can't you file taxes separately from your company? Can anyone comment on this situation.

Thanks
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mitsui



Joined: 10 Jun 2007
Posts: 1562
Location: Kawasaki

PostPosted: Fri Oct 10, 2014 7:31 am    Post subject: Reply with quote

You are right. This is not Korea where people could get in trouble.

Private classes are the way to go as they aren't taxed.

They could discourage people from taking a second job but that is all.
I have seen that happen, at least for the first 6 months.
But that was as a full-time university teacher.

That place doesn't sound good.
If he isn't even full-time getting a second job is reasonable.

My wife works part-time and has to take care of her taxes.
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Shimokitazawa



Joined: 16 Aug 2009
Posts: 458
Location: Saigon, Vietnam

PostPosted: Fri Oct 10, 2014 8:33 am    Post subject: Reply with quote

mitsui wrote:
You are right. This is not Korea where people could get in trouble.

Private classes are the way to go as they aren't taxed.

They could discourage people from taking a second job but that is all.
I have seen that happen, at least for the first 6 months.
But that was as a full-time university teacher.

That place doesn't sound good.
If he isn't even full-time getting a second job is reasonable.

My wife works part-time and has to take care of her taxes.


Mitsui,

Can you tell me if universities take pension contributions from part-time teacher's salaries?

I was of the understanding that universities do not deduct pension contributions from part-time teacher's salaries.

However, may teachers request that universities take pension contributions so that, if they stay in Japan for 25 years working, they can get a pension when they retire?
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mitsui



Joined: 10 Jun 2007
Posts: 1562
Location: Kawasaki

PostPosted: Fri Oct 10, 2014 10:20 am    Post subject: Reply with quote

It is up to the teacher, if you want to.
You must go to city hall and do it yourself.
I haven't done this, but if I am full-time in April I will have to pay for 2014.

Now I pay for health insurance through the city hall too.
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Shimokitazawa



Joined: 16 Aug 2009
Posts: 458
Location: Saigon, Vietnam

PostPosted: Fri Oct 10, 2014 11:08 am    Post subject: Reply with quote

mitsui wrote:
It is up to the teacher, if you want to.
You must go to city hall and do it yourself.
I haven't done this, but if I am full-time in April I will have to pay for 2014.

Now I pay for health insurance through the city hall too.


Thanks.
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rtm



Joined: 13 Apr 2007
Posts: 1003
Location: US

PostPosted: Fri Oct 10, 2014 4:37 pm    Post subject: Re: Working part time against contract conditions Reply with quote

nightsintodreams wrote:
I told him that it's a load of bull and a company can't stop him from doing part time work

Doesn't it really come down to what the person's contract says? That is, the company can't "stop" him, but they can fire him for breach of contract.
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Shimokitazawa



Joined: 16 Aug 2009
Posts: 458
Location: Saigon, Vietnam

PostPosted: Sat Oct 11, 2014 2:36 am    Post subject: Reply with quote

Interesting, now that it has been mentioned, I, too, am curious of the legality of such a contract clause.

Can an employer legally be entitled to stop an employee from, in our cases, teaching part-time at another school?

Even the old NOVA contracts forbid people from socializing with students outside of the language center, but this was later deemed to be an illegal contract clause.

Just because a company puts something in a contract does not mean that it's legal and enforceable.

These dirty eikaiwa companies will do all kinds of underhanded things if they can get away with it.
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Harp



Joined: 09 Jan 2014
Posts: 46
Location: As far north as you can get, before you hit Saitama

PostPosted: Sat Oct 11, 2014 4:16 am    Post subject: Reply with quote

I think clauses like this are more eikaiwas trying to protect themselves. Most schools have multiple locations and are open 6 or 7 days a week, so schedule changes are not exactly uncommon - the eikaiwa would have a problem if they said to a teacher 'just to let you know your Sunday & Tuesday days off are changing to Sunday & Wednesday next month as we need you at X school' and the teacher replies 'sorry, I have another job on Tuesdays, I can't change'.

So the eikaiwa adds the clause to the contract to preempt this - whether it's illegal or not, well, as with lots of things if the eikaiwa can prove the teacher is materially harming the school and breaking the terms of their contract they'd probably have a case. Proving the harm would be difficult and time consuming, guess it depends how far the school wanted to take it.
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Harp



Joined: 09 Jan 2014
Posts: 46
Location: As far north as you can get, before you hit Saitama

PostPosted: Sat Oct 11, 2014 4:23 am    Post subject: Reply with quote

On income taxes, if you have income from more than one source and both/all sources withhold tax then you would have to do a personal tax return in February/March each year called a kakutei shinkoku.

There are 2 rates of income tax, your main employer should deduct at a rate called 'kou', which is sort of like the normal rate. A secondary employer should deduct at a rate called 'otsu', which is higher than the kou rate. When you submit you personal tax return all these are combined and you get the tax you should have paid for the year, so you may get some back or have more to pay.

If you do cash-in-hand private lessons then technically you should declare these and do a personal tax return as above, but I've heard that some people don't...
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rxk22



Joined: 19 May 2010
Posts: 1629

PostPosted: Sat Oct 11, 2014 4:48 am    Post subject: Reply with quote

Shimokitazawa wrote:
Interesting, now that it has been mentioned, I, too, am curious of the legality of such a contract clause.

Can an employer legally be entitled to stop an employee from, in our cases, teaching part-time at another school?

Even the old NOVA contracts forbid people from socializing with students outside of the language center, but this was later deemed to be an illegal contract clause.

Just because a company puts something in a contract does not mean that it's legal and enforceable.

These dirty eikaiwa companies will do all kinds of underhanded things if they can get away with it.


I think most clauses are illegal. But not renewing a contract is pretty easy for a company to do.

Eikaiwas have all kinds of silly clauses. I had one that forbade you from opening up your own eikaiwa near the company's school for 2 years, after you quit. You know, that is a non-compete clause, and one has to be PAID not to compete. It was silly, but they get away with it. As the labor board is toothless here.
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kzjohn



Joined: 30 Apr 2014
Posts: 277

PostPosted: Sat Oct 11, 2014 5:18 am    Post subject: Reply with quote

Shimokitazawa wrote:
...

Can you tell me if universities take pension contributions from part-time teacher's salaries?

I was of the understanding that universities do not deduct pension contributions from part-time teacher's salaries.

However, may teachers request that universities take pension contributions so that, if they stay in Japan for 25 years working, they can get a pension when they retire?


I know two specific cases, one public and one private university--they do not take taxes, and they do not take pension contributions.**

As for taxes, they would not know your overall income, and so would not know how much to deduct and pass on to the relevant tax offices. You as the taxpayer have to go to you local tax office by 3/15th and settle what you may owe there (taking with you your "gensen" from all your income sources). And the national tax people then pass that along to your local tax people so that they can then make their assessment.

They also don't know what pension system you might be in, besides not knowing your income, and so they would be unable to calculate what that figure should be, let alone where to send it.

If you are living off of many part-time uni jobs (and some people do very well at this), I expect you'd be a member of the national pension system. And you'd be assessed/paying directly into that based on your income--not via deductions at your part-time work.

**on edit: oops, they do take 10% or so for taxes, but then the actual amount gets settled when you do your tax return. You might get something back, you might pay a little more.


Last edited by kzjohn on Sat Oct 11, 2014 9:29 am; edited 1 time in total
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kzjohn



Joined: 30 Apr 2014
Posts: 277

PostPosted: Sat Oct 11, 2014 5:27 am    Post subject: Re: Working part time against contract conditions Reply with quote

nightsintodreams wrote:
...
So I said that they won't find out, and he said that they will because they file his taxes.

Can't you file taxes separately from your company? Can anyone comment on this situation.

Thanks


His company makes him square with the NTA based on their knowledge of his salary.

If he makes added outside income--either part-time work, or maybe some dividends/interest or a stock sale--he has to go to the tax office and file a return ("shinkoku").

That tax return is between him and the NTA--there is NO WAY that the NTA would release his personal tax return to one of his employers. That would be like the IRS releasing my 1040/2555 to an employer. It's illegal and just doesn't happen.

His problem might be that he needs someone to help at the tax office when filing his return. Obviously, he would need to take a neutral person along for translation needs, not someone from his contracted company.
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mitsui



Joined: 10 Jun 2007
Posts: 1562
Location: Kawasaki

PostPosted: Sat Oct 11, 2014 8:28 am    Post subject: Reply with quote

My taxes are calculated according to my 2013 income.
So since I am just part-time starting this year the taxes are a lot.

I just have to pay to my city hall.
Next year my taxes should be less as my income will be less.
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