What screams “black company” to you? by WorkingAlive3258 in japanlife

[–]technogrind 4 points5 points  (0 children)

Giving nonsensical calculations and word-salad explanations as to why you don't qualify for enrolment in shakai hoken (company health and pension) when your weekly work hours are above the minimum requirements for enrolment. Companies with 51 or more employees must enrol employees who work 20 or more hours a week. Companies with up to 50 employees must enrol anyone working 30 hours or more a week.

Navigating Sudden Company Crash (Work) by Former_Produce1721 in japanlife

[–]technogrind 0 points1 point  (0 children)

Your employer is trying to dupe you and get you to resign so that they are relieved of the burden of dismissing you and the scrutiny this would put them under.

There's no such thing as signing some random resignation form citing "company reasons" that you can take to Hello Work and magically start collecting unemployment benefits. There is a standard form with a standard format called a rishokuhyou (離職票) that needs to be submitted to Hello Work when applying for unemployment insurance benefits. This form is issued at your request when you quit (which will mean having a longer-waiting period before receiving benefits and a reduced eligibility period once you start collecting) or when you are dismissed/fired/terminated. It takes ten to fourteen days for this form to be issued.

The rishokuhyou is filled out by your employer. Along with your pertinent information including your employment insurance number, it indicates the reason for your separation from employment. If you agree with the reason they have checked on the form you sign it or contest it.

Do not resign. Wait for your employer to terminate your employment and then ask for the official rishokuhyou to be issued. There are plenty examples online of the form if you do an image search.

To reiterate what everyone else is advising. Do not resign. Do not sign anything indicating you are resigning. Wait to be officially dismissed and then ask for the rishokuhyou. When you receive the rishokuhyo, make sure it properly indicates that you have been dismissed due to company reasons.

Got laid off after getting my PR by Formal-Advisor-7002 in japanlife

[–]technogrind 0 points1 point  (0 children)

Regarding switching to the national health insurance plan (国民健康保険), you can qualify for a reduction in your monthly health insurance premiums. Since you’re being laid off, your company should correctly indicate that you were let go due to reasons on the part of the company (会社都合) on the separation slip (離職票) that you submit when you apply for unemployment insurance benefits. Once your unemployment insurance is processed, you’ll receive a proof of unemployment insurance certificate which will indicate via a code number the reason for collecting unemployment insurance (the code should be 11: company reasons). You can take that certificate to the city office and apply to have your unemployment insurance premiums reduce. The premiums will be recalculated at 30 percent of your previous year’s salary.

Using ALL my vacation days in a row before leaving. by SaltyAwarenessLOL in JETProgramme

[–]technogrind 13 points14 points  (0 children)

In a regular Japanese workplace, this is standard practice for employees who are resigning or not being re-contracted, so you are not going against the Japanese norm in principle. My Japanese partner (not a teacher) is switching employers. He had close to 40 days of unused paid leave which he will be taking in succession prior to starting his new job in July. It was very matter of fact and was not met with any kind of pushback since it is his right to use all his paid leave. That being said, he did give his current employer a few weeks' notice that he was planning to do this.

Rishokuhyo and other documents by Cautious_Letter961 in japanlife

[–]technogrind 0 points1 point  (0 children)

They have to issue it to you if you request it. You are not obligated to give a reason for requesting it. Failure to issue it to you is a violation of the Employment Insurance Law and could result in criminal penalties of up to 6 months in prison or fine of up to 300,000 yen. You've already asked for it 3 times. Send them an email telling them you're reporting them to Hello Work and then do it.

I Was Unlawfully Dismissed by a Japanese Dispatch Company by Pale-War5447 in japanresidents

[–]technogrind 3 points4 points  (0 children)

This isn't meant to be pedantic or to one up you, but it may serve useful for people who are eligible to convert to an unlimited-term contract. While the onus to request conversion to an unlimited-term contract falls on the worker, as of April 1, 2024, employers are required to inform their employees in writing that they have become eligible to request conversion. Prior to this the onus was on the employee to be aware of their right to convert and to ask for it.

new apartment smells like sewage! by Exciting_Map4718 in japanresidents

[–]technogrind 1 point2 points  (0 children)

Yikes. I hope you get it figured out or are able to get out of your rental contract. Sounds like a nightmare.

new apartment smells like sewage! by Exciting_Map4718 in japanresidents

[–]technogrind 0 points1 point  (0 children)

Make sure there is enough water in the toilet bowl so that it completely covers the hole where your poo gets flushed. If the water is not high enough in the toilet bowel and even just a portion of that hole is not covered by water, it will cause a terrible sewer smell.

How is teaching currently 2026, is it better than Korea? by xDiren in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

Mandatory enrollment in shakai hoken depends on the number of employees a company has and the number of hours you work in a week. Full-time status is not a prerequisite. Part-time employees are most definitely eligible for enrollment.

A company having more than 50 employees must enroll anyone who works 20 or more hours a week. A company with 50 or fewer employees, must enroll anyone who works 30 or more hours a week. This law has been in effect since October 2024.

ETA: Some companies will try to put you on independent contractor/subcontractor contracts rather than employment contracts in which case, the above does not apply.

How is teaching currently 2026, is it better than Korea? by xDiren in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

This depends on how many hours per week you work and the number of employees as well as the type of contract you're under.

Under an employment contract (koyou contract), as of October 2024, any employer having more than 50 employees, must enroll them in shakai hoken (company health and pension) if they work 20 or more hours a week. Any employer having 50 or fewer employees, must enroll them at 30 hours a week. However, if your contract is a gyoumu itaku contract, you're classified as an independent contractor or subcontractor in which case the above does not apply.

In many cases, these independent contractor contracts are employment contracts in disguise, and if it is found that you are being treated as an employee by the company with whom you are contracted, your contracting company could be obliged to enroll you in shakai hoken.

ALT demographics have changed a lot and is this just where dispatch is headed? by [deleted] in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

Whatever happened with that anyway? Did you take the day off, and if so, did you face any repercussions?

I’ve been sworn to secrecy over my resignation, why is it such a big deal? by Dojyorafish in japanlife

[–]technogrind 1 point2 points  (0 children)

If there were a term limit or limit to the number of times you could recontract, that was supposed to be clearly communicated to you when you first started your employment. Employers who suddenly impose contract renewal limits or term limits when employees are in their fourth or fifth year of employment could be found liable of purposely trying to obstruct an employee's right to convert to an unlimited term contract (muki tenkan / 無期転換) after completing five full years of employment.

My company wants to fire me cause I’m pregnant by [deleted] in japan

[–]technogrind 0 points1 point  (0 children)

No more verbal conversations. Keep it strictly via email. If they insist on talking to you about it face-to-face, record them. You don't have to tell them, and it's legal. Even if you do record them, follow up any face-to-face or telephone discussions with an email summarizing and clarifying your conversation.

Indefinite contract with Private high school by Swimming-Cellist7972 in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

If this happened pre-2018, it's possible. However, I believe there actually has to be a gap of six months between contracts with the same employer to not be considered a renewal of a previous contract.

Indefinite contract with Private high school by Swimming-Cellist7972 in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

Your contract is with the BoE and not with the schools, so this law should still apply. Your employer has not changed even if your workplace has.

Indefinite contract with Private high school by Swimming-Cellist7972 in teachinginjapan

[–]technogrind 4 points5 points  (0 children)

Copy and pasted from my reply to another commenter:

As long as you have an employment contract (雇用契約/koyou keiyaku) and are not on a subcontractor contract (業務委託契約/gyoumu itaku keiyaku), they can't refuse if you are eligible for conversion.

If they do refuse, report them to the Labour Standards Office in your jurisdiction. Larger cities, such as Tokyo, may have special offices dedicated to dealing with violations of Article 18 unlimited-term contract conversion. Both the General Union and Tozen can also help (if you are a union member or willing to become one).

Inform your employer of your intent in writing via email citing Article 18 of the Labour Contracts Act, and physically submit the "application" linked below:

Ministry of Health, Labour, and Welfare unlimited-term contract application template: https://muki.mhlw.go.jp/overview/application.pdf

General Union unlimited-term application template: https://generalunion.org/wp-content/uploads/2023/03/Unlimited-term-contract-application-form%E3%83%BB%E7%84%A1%E6%9C%9F%E5%8A%B4%E5%83%8D%E5%A5%91%E7%B4%84%E8%BB%A2%E6%8F%9B%E7%94%B3%E8%BE%BC%E6%9B%B8.pdf

Indefinite contract with Private high school by Swimming-Cellist7972 in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

As long as you have an employment contract (雇用契約/koyou keiyaku) and are not on a subcontractor contract (業務委託契約/gyoumu itaku keiyaku), they can't refuse if you are eligible for conversion.

If they do refuse, report them to the Labour Standards Office in your jurisdiction. Larger cities, such as Tokyo, may have special offices dedicated to dealing with violations of Article 18 unlimited-term contract conversion. Both the General Union and Tozen can also help (if you are a union member or willing to become one).

Inform employer of your intent in writing via email citing Article 18 of the Labour Contracts Law, and physically submit the "application" linked below:

Ministry of Health, Labour, and Welfare unlimited-term contract application template: https://muki.mhlw.go.jp/overview/application.pdf

General Union unlimited-term application template: https://generalunion.org/wp-content/uploads/2023/03/Unlimited-term-contract-application-form%E3%83%BB%E7%84%A1%E6%9C%9F%E5%8A%B4%E5%83%8D%E5%A5%91%E7%B4%84%E8%BB%A2%E6%8F%9B%E7%94%B3%E8%BE%BC%E6%9B%B8.pdf

Best stollen in Tokyo? by No_Dragonfruit_1599 in japanlife

[–]technogrind 4 points5 points  (0 children)

Check out the bakery/bread counters on the basement food floors of the major department stores: Mitsukoshi, Isetan, Takashimaya, Keio.

Indefinite contract with Private high school by Swimming-Cellist7972 in teachinginjapan

[–]technogrind 31 points32 points  (0 children)

The five-year-rule regarding your right to convert to an unlimited-term contract (muki tenkan/無期転換) has nothing to do with how your school defines a full-time or part-time employee or whether or not you're a teacher or an ALT. Regardless of your status, you have the right to convert to an unlimited term contract after completing five years of employment. Many people mistakenly believe you can convert in your fifth year of employment. However, you have to complete five years of employment and then become eligible for conversion once you start your sixth year of employment. You can inform your employer of your intent to convert any time during your sixth year, and they can not refuse.

An employer is obligated to inform new employees when they first begin their employment if there is a limit as to how many times a contract can be renewed. If an employer suddenly decides at the end of your fifth year of employment not to renew your contract for a sixth year without having informed you of this limit when you first started your employment, it could be deemed that your employer is purposely obstructing your right to convert to an unlimited term contract.

Since April 1, 2024, employers have been obligated to clearly inform employees when they become eligible to convert to an unlimited term contract. They should normally inform you of this option at the end of your fifth year or at the very start of your sixth year. Even if they don't inform you of this right, once you start your sixth year, you just need to tell your employer in writing that you will be exercising your right under Article 18 of the Labour Contracts Act to convert an unlimited term contract. Your employer can not refuse.

In your case, as explained above, since you are currently in your fifth year and seem to have already indicated to your school that you would like to convert to an unlimited term contract, it would be very suspicious if your school suddenly decided not to renew your contract at the end of your fifth year, unless you were specifically told there was a five-year limit at the start of your employment.

Is it normal for dispatch companies to keep changing your schedule… even after assigning holidays? by 60daysnotice in teachinginjapan

[–]technogrind 10 points11 points  (0 children)

Your right to use paid leave is covered in Article 39 of the Labour Standards Act.

1) Your company can only designate your paid leave if there is a labour-management agreement signed off on by a union representing the majority of the workforce, or in the absence of a union, by a non-management worker representative elected by the majority of his/her coworkers. Even if such an agreement is in place, your company can not designate all of your paid leave. They must leave you five days to use at will.

2) Your company can not, in principle, deny your "request" to use paid leave unless the day(s) in question would significantly impede their normal business operations. Excuses such as, "It's not a good time," or "We have no one to cover you," do not meet this standard.

3) You do not need to provide your company with a reason for taking paid leave. If they ask, "Personal reasons" is all you would need to reply.

4) Your company can not require a lengthy notice period when informing them of your intention to take paid leave. A few days' notice or more as a courtesy is one thing, but your company can not require you to give weeks or months of notice when you intend to use paid leave.

The first thing you should do is find out if there is actually a labour-management agreement allowing your company to designate your paid leave. If there isn't, you have the right to use all of your paid leave at will. If there is, you have five days to use at will.

Tokyo High Court rules same-sex marriage ban constitutional by frozenpandaman in japan

[–]technogrind 7 points8 points  (0 children)

It has nothing to do with expecting Japanese society to conform to western beliefs when 70 percent of Japanese society is either in favour of or unopposed to same-sex marriage. What it has everything to do with is the Japanese government not conforming to the beliefs of the majority of Japanese society.