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Company not paying "Shakai Hoken"

 
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Canuck2112



Joined: 13 Jun 2003
Posts: 239

PostPosted: Thu Jul 12, 2007 12:56 pm    Post subject: Company not paying "Shakai Hoken" Reply with quote

My company classifies its workers as "part-time" and does not contribute to "Shakai Hoken" (health insurance). I understand the legal definition of "part time" is under 29.5 hours a week. When one looks at the actual teaching hours, they are in fact under 29.5, but my company STRICTLY enforces "desk hours" in which we are required to study grammar books and teaching methods during the time between classes.

I have no problem with doing this except that I think it constitutes work and thus would put my weekly hours at 45.

I was wondering if anyone had a legal document which states that a company must legally pay "Shakai Hoken" for its full time workers. I checked debito.org but couldn't find anything. I've heard this from countless people and I'm hoping it has some validity.

Thank you
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JimDunlop2



Joined: 31 Jan 2003
Posts: 2286
Location: Japan

PostPosted: Thu Jul 12, 2007 2:29 pm    Post subject: Reply with quote

Have you tried sending an e-mail to the General Union? (Or giving them a phone call)?

http://www.generalunion.org/
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Khyron



Joined: 10 Mar 2006
Posts: 291
Location: Tokyo Metro City

PostPosted: Thu Jul 12, 2007 3:29 pm    Post subject: Reply with quote

Why don't you "strictly enforce" that you don't?

I happily play my DS between classes (sitting on a bench outside if it's not raining... or even if it is), because I'm just a part-time worker. Sometimes I sit down and play with other teacher's students while parents are around. Why not? It's fun! The parents actually like it, because their kids are spending time with a real, live native-English speaker!

Most jobs that I've seen in Japan, at least as far as eikaiwa jobs go, don't pay Shakai Hoken. In fact, I just had a job interview this week. When I was told that they don't provide Shakai, I said "thanks, but no thanks." That company, like the one you work for Canuck, also told me that I'd be sitting at a desk studying and writing up lesson plans in my down time. Screw that! If they employed me as a full-time worker, then fine. I'd be willing to go the extra mile. But when I'm only a part-time worker, then I'll do a part-time job. They're idiots if they expect more than that.

If you really don't like the fact that most jobs in Japan skip out putting in their share for Shakai (legally???), you could always go to South Korea. Employers are required to pay into health and pension there. If you don't mind totally being owned by your boss (they own your visas, not you!), then Korea is the place to be.

Lovely industry we work in, isn't it?
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Yawarakaijin



Joined: 20 Jan 2006
Posts: 504
Location: Middle of Nagano

PostPosted: Thu Jul 12, 2007 3:53 pm    Post subject: Reply with quote

I know of some employment situations that ask for a 40/50 hrs week and pay quite well by the hour. The rub is, they only have you down on the books for 29.5. I don't know exactly how this works when tax time comes around. I guess it just looks like you work for some kickas# eikaiwa that pays 9,000 yen per hour. They do avoid paying for half the insurance and most teachers are happy with the higher than average salary so they put up with the illegality of the situation.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Thu Jul 12, 2007 9:59 pm    Post subject: Reply with quote

What exactly does your contract say? Even if it says you must teach X hours per week (and it must say something like that, by law), if it also has something in it that declares other hours for various duties or responsibilities, then by definition, those things constitute work, and they should report the total hours. Of course, they probably don't report as such, and it may be a long haul before you get a union to convince them to change things. Want to pay the extra 20,000-30,000 yen/month for your share of shakai hoken? Then talk to someone in the general union.

Most teachers are not lifers here, so they complain about paying shakai hoken because they figure they will only be able to collect the 3 years' worth of pension payments anyway. Stay longer than 3 years and you will STILL get back only that amount, so they see it as pointless to even have shakai hoken. They are content to take out national health insurance or some private insurance.
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kitano



Joined: 18 Nov 2004
Posts: 86

PostPosted: Fri Jul 13, 2007 2:22 am    Post subject: Hours of work Reply with quote

The employers rational for not paying shakai hoken was the workers were working under 30 hours so technically part time. They can't logically turn around and make you work more than 30 hours. Give them a choice, shakai hoken or the non teaching time is free time. And contact the union!!
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Dipso



Joined: 28 Apr 2004
Posts: 194
Location: England

PostPosted: Fri Jul 13, 2007 3:05 am    Post subject: Reply with quote

I think I recall reading somewhere that the government may reduce the required working hours for shakai hoken from 30 hours per week to 20 hours per week. I bet the eikaiwa owners won't like that!
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Wasabi Bomb



Joined: 03 Jul 2007
Posts: 33
Location: Osaka, Japan

PostPosted: Fri Jul 13, 2007 10:18 am    Post subject: Reply with quote

Dipso wrote:
I think I recall reading somewhere that the government may reduce the required working hours for shakai hoken from 30 hours per week to 20 hours per week. I bet the eikaiwa owners won't like that!


Yeah, the union has always said that according to the law, anybody working approximately 75% of a full time schedule must be enrolled. 29.5 hours qualifies as approximately 75% (it's 73.75% of 40). Plus all teachers do some kind of prep that puts them over the 30 hour mark very easily. I work more like 35.
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Nagoyaguy



Joined: 15 May 2003
Posts: 425
Location: Aichi, Japan

PostPosted: Sat Jul 14, 2007 12:25 am    Post subject: Reply with quote

When thinking about shakai hoken, you also have to consider that the money may not in fact be lost if you pay more than 3 years. Many countries have treaties and agreements with Japan that allow pension payments to accrue. That is, if you work in Japan (for example) and return to Canada in the future, the pension payments you made in Japan count equally in terms of Canada Pension Plan payments. So, if you made 10 years worth of payments in Japan, you get credit for 10 years worth of payments in Canada, and vice versa.

If you have a family or stay for a while, it is actually a pretty good deal. I pay about 27000 yen a month for "kosei nenkin" (I think it is called). This covers health insurance for my family (me, wife, son) plus pension payments for my wife and I. If your spouse doesnt work full time, it is not so bad, I think.
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Sun Jul 15, 2007 3:58 am    Post subject: Re: Company not paying "Shakai Hoken" Reply with quote

Canuck2112 wrote:
My company classifies its workers as "part-time" and does not contribute to "Shakai Hoken" (health insurance). I understand the legal definition of "part time" is under 29.5 hours a week.

There is no legal definition of part time. Contrary to common belief, the law regarding Shakai Hoken actually specifies that all workers must be enrolled by their employers.

The 29.5 hour dodge has no legal basis.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Sun Jul 15, 2007 6:30 am    Post subject: Re: Company not paying "Shakai Hoken" Reply with quote

yamanote senbei wrote:
Canuck2112 wrote:
My company classifies its workers as "part-time" and does not contribute to "Shakai Hoken" (health insurance). I understand the legal definition of "part time" is under 29.5 hours a week.

There is no legal definition of part time. Contrary to common belief, the law regarding Shakai Hoken actually specifies that all workers must be enrolled by their employers.

The 29.5 hour dodge has no legal basis.
Do you have a reference to support that claim?
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Sun Jul 15, 2007 7:07 am    Post subject: Reply with quote

Regarding Employee Health Insurance, which is the part of Shakai Hoken
that is being discussed. There are some exceptions to enrollment,
but they are not relevant to this thread.

http://www.houko.com/00/01/T11/070.HTM
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eslteacherlooking



Joined: 18 Nov 2008
Posts: 32

PostPosted: Sun Feb 01, 2009 6:07 am    Post subject: Reply with quote

So with the pension does your employer match your contribution?

If they are taking out 20,000 yen for pension out of a 270,000 a month paycheck does that mean they are matching your contribution for a 40,000 a month total

or

are you paying your portion and the company's portion to make a total of 20,000 yen?
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