JET program and the law

[sdskinner]

How does the JET program mandate that you can only work for 3 years. Isn't this a form of discrimination? I thought that if you are given employment for 3 years in a row that you qualify as a permanent employee. Also how does the Jet program get around the dispatch laws which state that an employer can only dispatch a job for 3 years max. after which the job is considered a permanent position.

For more info and to see where I am coming from you can check here
http://www.generalunion.org/dispatch

Also does anyone know about the law regarding pension and insurance. I currently work as an ALT and I do not have anything taken out of my check. I receive the full amount. Should my employer be taking income tax, pension payments, or insurance out. I am employed by the board of education. And this year they decided to pay me hourly. I work at least 30 hours a week.

Thanks
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[FG Lurker]

How does the JET program mandate that you can only work for 3 years. [...] I am employed by the board of education.

I don't think anything further needs to be said with regards to that question.

As to the rest of it, you are a short-term contract worker. They should be taking out income tax, but unless you want to pay into a pension plan that will never give you any money don't worry about the pension plan. Medical is a toss-up... If you are short term you are probably better off with Global Health or something similar. If you are a long-termer with a family then National Health would be better. Because you are not an employee though you won't be eligible for the special gov't employee version of National Health, only the very scaled back "standard" version.

As for trying to fight the BoE, forget it. Really, forget it. You have less than a snowball's chance in hell. Fighting will likely get you blacklisted as a troublemaker though.

[killjoy]

I agree, unless you want to learn about Employment Law and then the unwritten law regarding foreigners, its probably better to just focus on doing what you want to do in Japan, unless working as an ALT is what you want long term.

Counting on the unions is just a way to see how disputes get resolved here which is 1) very slowly and 2) with a compromise resulting in a probably more tense workplace (hence the "troublemaker" reputation).

When I worked for an English school, I had income tax taken out but not health, not gov't pension and ward tax for the first year so it was like 18% I think. When I moved to regular employment at a company, I started paying 33% when you add up nat. tax, local tax, pension and company health. If you are not paying, it sounds like a better deal.

:P

[sdskinner]

I am employed by the BofE privately. And I work at two different schools. They take nothing at all out of my checks.

My situation is (and I have written this here before) that the board may want to change from private hire to JET. I am just trying to see what defense I have and if they have been doing things below board(illegally) or not. I was continually employed by them for 6 years(annual contracts with no spacing and I worked on salary with about 32-34 hours a week) but I quit to go back to the states but I decided to come back(homesick for Japan) and was rehired last year(I missed two years) but with a pay cut. So I have 7 years employment with them and was rehired so they must have liked my work. If they have never taking any income tax (I did declare all my income when I filed my taxes)out of my checks do I have an arrow in my quiver I can use against them? And should they have offered me pension etc? Any advice?

And yes I am long term here married to a Japanese gal and with children. And for now I would like to work as an ALT. I also teach privately at my house(no real school) and I have about 30 students so not enough to live off of right now. Maybe in the future but now at the moment. I also live in the real countryside so my job prospects are limited(at least here. And as for my insurance I have the national insurance direct not through my employer.
Thanks

[FG Lurker]

The ideal thing would be for you to get hired by a private school as their English teacher. Then you would (likely) become a full-time employee with all bennifets and also all your summer holidays etc PAID.

Barring that I would stay as you are now unless they really insist on you becoming a JET. Build up your private students until you can live off of that, and then decide what you would like to do with the teaching contract.

No matter how strong your case might be you will amost certainly lose trying to fight the BoE. Maybe I have no guts anymore, but I don't think there is much to be gained by picking a fight. Potentially a lot to lose though...

[sdskinner]

Yeah you might be right about fighting but I am getting old and grumpy.

As for building up my students yes I am working on that. But right now I am just working out of a room in my house and have no sign or anything. If I really want to make a go of it I would have to find a place to rent etc. And I am not sure what the BofE is going to do. There is also a chance that they may offer me a position at the elementary schools and just use JETS to teach at the junior high school.

Thanks for all your help,

[FG Lurker]

Yeah you might be right about fighting but I am getting old and grumpy.

Hehe, me too, me too. Fighting is great if you have a decent chance of winning. In this case though the other side has the deck stacked in their favour.

As for building up my students yes I am working on that. But right now I am just working out of a room in my house and have no sign or anything.

Word of mouth. Get students to advertise for you -- if they bring in a new student who signs up, they get one month free, or one month half price. Print flyers and hand-deliver them all over the place. Do it regularly. You can grow the school while still having it at home -- I know people in Osaka who have done it.

Thanks for all your help,

No problem. Hope it's helped and not just clouded things further!

[blackcat]

sorry to say but this is JAPAN

law only applies when its nationlist hysteria.

[FG Lurker]

sorry to say but this is JAPAN

law only applies when its nationlist hysteria.

[Edit: Actually I should revise that to Guess I am getting tired... Bedtime!]

[killjoy]

I don't know but I thought JETs were more expensive than private (plane fare, apt, etc). Probably they would keep you given your relationship with them but bring in JETs (if they had the money) for new blood?

If you look for a legal route, it would probably be last resort as it would probably burn bridges but sorry, I don't have anything specific in my experience. But I think the absence or infrequency of people trying the legal route (as opposed to the US where it is often over-used) probably tells you something about the usefulness of the courts as a remedy or even as a threat.

For teaching at home, have you tried remote teaching using a web camera? I think more workers in the big cities are up for it but the rates would be cheaper and you would need to post on the teacher sites like senseisagasu and there is another one advertised in Metropolitan I think. Just an idea but might not be practical in addition to your regular schedule.

[sdskinner]

Does anyone know if they(BofE) can mix. What I mean is can they have like half JET and half private hires? Or do they have to go all or nothing. And yes I would be a lot cheaper for them as I am already living in the city(they are not in any way providing my housing), I have a spouse visa and they don't have to pay any airline fare. So you would think that it would be a no brainer but you never know.

Sdskinner

[AssKissinger]

Check your private messages, I sent you one. Good luck.

[kamome]

Sdskinner: If you are being paid hourly and nothing is being taken out of your check, it's likely that your BofE has taken the position that you are an independent contractor. Even if they are not automatically deducting national and local taxes from your paycheck, you still are required to file your own tax return. I think you should ask them if they really do think of you as an independent contractor or employee, because if you are an employee, they should be deducting everything for you. Having to file a Japanese tax return on your own is a pain in the ass.

Also, you will not be able to "switch" to the JET program. If I recall correctly, the JET program only hires people who are not currently residing in Japan. Visit their website to confirm this.

[FG Lurker]

Having to file a Japanese tax return on your own is a pain in the ass.

It's not hard at all. And the tax office is very helpful. I think we had this discussion in another thread already actually...

[Edit: Yes, it was here.]

[iwantmyrightsnow]

Courts have ruled that people with your length of employment have basically the same rights as permanent empoyees. Non-renewal is usually ruled as being illegal and that to get rid of you they must fire you. To fire you, there are very strict standards under japanese law.

You have a lot to loos. I would suggest that you join a union now. So if, or when, you Bof E decides to try and get rid of you, you are in a position to fight.

I am employed by the BofE privately. And I work at two different schools. They take nothing at all out of my checks.

My situation is (and I have written this here before) that the board may want to change from private hire to JET. I am just trying to see what defense I have and if they have been doing things below board(illegally) or not. I was continually employed by them for 6 years(annual contracts with no spacing and I worked on salary with about 32-34 hours a week) but I quit to go back to the states but I decided to come back(homesick for Japan) and was rehired last year(I missed two years) but with a pay cut. So I have 7 years employment with them and was rehired so they must have liked my work. If they have never taking any income tax (I did declare all my income when I filed my taxes)out of my checks do I have an arrow in my quiver I can use against them? And should they have offered me pension etc? Any advice?

And yes I am long term here married to a Japanese gal and with children. And for now I would like to work as an ALT. I also teach privately at my house(no real school) and I have about 30 students so not enough to live off of right now. Maybe in the future but now at the moment. I also live in the real countryside so my job prospects are limited(at least here. And as for my insurance I have the national insurance direct not through my employer.
Thanks

[iwantmyrightsnow]

Does anyone know if they(BofE) can mix. What I mean is can they have like half JET and half private hires? Or do they have to go all or nothing. And yes I would be a lot cheaper for them as I am already living in the city(they are not in any way providing my housing), I have a spouse visa and they don't have to pay any airline fare. So you would think that it would be a no brainer but you never know.

Sdskinner

any boards have a mix - Osaka board of ed is just one example. They have jets, plus direct hired nets and then dispatched teachers also.

[sdskinner]

It is great to hear that some boards have mixed ALTs. I hope my BofE feels the same way.

As for my length of employment I went back to the states for two years so that will likely affect my status. And I am a member of the General Union and I am in contact with them.

As for not having any taxes or pension taken out of my checks, my wife called the labor commission today and they said that anyone working for more than 2 month must have taxes taken out and also that I qualify for pension and Health insurance. They take nothing at all out. I was told that the board could be trying to say that I am an independent contractor but I do not have a (real)business and I was told that that is actually illegal for the board to do.

I jhust hope that things will work out.

[FG Lurker]

It is great to hear that some boards have mixed ALTs. I hope my BofE feels the same way.

As for my length of employment I went back to the states for two years so that will likely affect my status. And I am a member of the General Union and I am in contact with them.

As for not having any taxes or pension taken out of my checks, my wife called the labor commission today and they said that anyone working for more than 2 month must have taxes taken out and also that I qualify for pension and Health insurance. They take nothing at all out. I was told that the board could be trying to say that I am an independent contractor but I do not have a (real)business and I was told that that is actually illegal for the board to do.

I jhust hope that things will work out.

Be careful about getting into health care or pension here. Once you are in it is damn hard to get out.

For the pension, if you pay into it for long enough (25 years I think) you get a pension when you retire. BUT you only get it if you live in Japan. If you move overseas you forfeit the pension.

As for health, if you are not a full-time employee it is doubtful you will get into the good gov't health plan. In this case it will be cheaper for you to use Global Health (or other private) and have your wife sign up for National Health with your kids. *Unless* you have a pre-existing condition such as diabetes. In that case National Health will be better for you.

For the employment status, I understand the desire to become permanent... But fighting with the BoE really seems like hitting your head against a wall. See if you can find people who the General Union has tried to help who have actually had success with the BoE. If they have a lot of success stories then you might have luck too. Somehow I don't think they have had a lot of success though.

[sdskinner]

I have national insurance and it is cheaper then the other. It is jut based upon your taxable income. And since I am not really rich and have a few kids it is actually pretty cheap. A few years ago before I went back to the states for a year and my income was a bit higher I think the most I paid was about 17000-18000 a month which is great compared to the states. Getting insurance through your employment you pay a percentage. You get a bit a better deal if it is based upon your taxable income. And since I work out of my house teaching English on the side many of the expenses can be deducted from your taxes. If you use your car for work, computer, going on a trip to the city just also make it a business trip and you can deduct it. The tax people at the tax office are very nice and they help my wife every year to save on our taxes.

[Taro Toporific]

For the pension, if you pay into it for long enough (25 years I think) you get a pension when you retire. BUT you only get it if you live in Japan. If you move overseas you forfeit the pension.

The J-pension rules just changed for folks from the USA last year.
Americans can now swap their J-pension benefits for US Social Security benefits. For an an American like me with 22 years paid into the Japanese pension system, it is good deal since I will choose which ever system is more solvent and pays me the most money.

A few other Western countries have countries (such as Germany ?) have similiar the "reciprocal benefits" agreements.

Finally, J-pension will be paid if you have perm resident visa and then move back overseas to retire: FGs do NOT necessarily have to forfeit the J-pension.

Subject: Trick for receiving the Japanese pension
Dear Lifelines] even if you are living outside of Japan.[/u]
For example, in your case you have paid for 8 years. If you go back to your home country and pay for an additional 17 years for a total of 25, the Japanese pension system will pay you a monthly pension based on your 8 years of payment.
The best thing to do is to go to your local city or town hall and have a nice, long talk with them. Tell them what you really want to do and miracles can happen -- if you tell them you want ultimately to retire in Japan, the eight years may mysteriously become longer in their records. It does happen.
For more information, check out: http://www.mhlw.go.jp or call 03-5253-1111. Also, The American Chamber of Commerce in Japan has regular seminars on this and other issues. Give them a call at 03-3433-5381 or see: http://www.accj.or.jp The Japan Times: Jan. 14, 2003 http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?fl20030114kj.htm by-- Ken Joseph Jr., director of The Japan Helpline ( http://www.jhelp.com )
Send your queries, questions, problems and posers, to: lifelines@japantimes.co.jp

Date: Mon, 23 Feb 2004 11:08:58 Subject: Social Security swap agreement signed

After years of discussion, the Japan and USA have signed an agreement that allows nationals of one country working in the other to gain credits for their social welfare contributions. Readers may remember that we raised this issue about 6 months ago, where a person working for years in Japan then returning home, would not be able to gain credit for a pension program in either country, despite having paid substantial contributions. According to the Nikkei, the new program allows US nationals in Japan and Japanese nationals in the USA to stay out of the host country's social welfare contribution program for 5 years, and instead contribute to their home country program. If they plan to reside in the host country for longer than 5 years, then contributions move to the program in the country of residence, and are also aggregatable once the person returns home. ***Ed: We haven't been able to review all aspects of this new harmonization program, but it sounds like it goes a long way to fixing the inequities for US citizens in Japan. Now we wonder just when Japan will move on its talks with other countries?**
(Source: TT commentary from nikkei.co.jp, Feb 20, 2004)
http://www.nni.nikkei.co.jp/AC/TNKS/Nni20040219D19JFF02.htm [Subscription required]

* * * * * * * * * T E R R I E 'S T A K E * * * * * * * *
A weekly roundup of news & information from Terrie Lloyd. (http://www.terrie.com)

General Edition Sunday, 22th February, 2004 Issue No. 267

U.S. and Japan Sign Bilateral Social Security Agreement

On February 19, 2004, the Governments of the United States and Japan signed a bilateral Social Security Agreement in Washington, D.C.

The Social Security Agreement is good news for U.S. citizens working in Japan for U.S. companies and their employers -- as well as for Japanese citizens working in the United States for Japanese companies -- because it eliminates significant social insurance taxes and makes it easier to qualify for benefits in each country when a person has divided his or her career between the United States and Japan. The agreement is also good for direct investment, trade and business between the United States and Japan. U.S. Ambassador to Japan Howard H. Baker, Jr. has said: "The U.S.-Japan Social Security Agreement is not only good for U.S. business in Japan, it will also have a salutary effect on Japanese direct investment in the United States because it reduces a significant cost of doing business in our country."

The U.S.-Japanese Social Security Agreement provides for the elimination of dual coverage of the same work under the social security systems of the United States and Japan, and for combining credits earned by a worker under the two systems for benefit eligibility purposes.

In principle, employees who are temporarily transferred by their employer in one country to work in the other country for a period of five years or less would be covered only in their home country. In all other cases, the employee, in principle, would be covered only in the country where the work is performed. Thus, a person working for a U.S. employer who is temporarily transferred by that employer to Japan would only be covered under and pay contributions to the U.S. program. The employer and employee would be relieved of the additional burden of paying social security contributions to the Japanese program.

In addition to eliminating dual coverage, the agreement will help prevent situations where workers suffer a loss of benefit rights because they have divided their careers between the United States and Japan.

Under the rules that apply to the United States, if a person has credit for at least six quarters of coverage under the U.S. Social Security system but not enough credits to qualify for a retirement, survivors or disability benefit, the person's coverage credits from both the United States and Japan could be totalized (i.e., combined) to permit him or her to qualify for a partial U.S. benefit. The benefit amount payable to a person who qualifies based on totalized credits would be proportional to the amount of coverage completed in United States.

Under the agreement, if a worker has earned some Japanese coverage, but not enough to qualify for Japanese benefits, Japan would add U.S. quarters of coverage to periods of Japanese coverage to determine whether a worker meets the applicable coverage requirements for retirement, survivors or disability benefits under the Japanese social security system. The benefit amount of a person who qualifies based on totalized credits would be proportional to the amount of coverage completed in Japan.

The agreement must now be reviewed by the legislatures of both countries. Assuming no delays during the review process, the Social Security Administration estimates that the agreement could enter into force by the end of 2005. Copies of the agreement will be available on the SSA website (http://www.ssa.gov/international/whatsnew.html) once it is submitted to the U.S. Congress for review. Until that time, we unfortunately do not have any additional details on the agreement and how it will affect Americans working in Japan.

Some Social Security and Medicare Questions -

Q: Because I have worked abroad most of my life, I have not paid enough into the U.S. system to collect social security benefits. Is there any way I can make up the difference by paying into the U.S. social security system (a lump sum, for example) to get the remaining credits?

A: The Social Security Administration (SSA) does not allow voluntary contributions in order to meet the required number of quarters of coverage to be eligible for SSA benefits, including Medicare.


Q: Since the U.S. and Japan signed a Social Security Totalization Agreement, would I have to give up all of my Japanese social security benefits in order to qualify for U.S. Medicare benefits? I think I only need a few more years of work in the U.S. to qualify for Medicare there, can I use part of my Japanese years to make up the total?

Answer: You do not have to give up your benefits in Japan. However, you cannot use your benefits in Japan to qualify for Medicare in the U.S., as there are no Medicare benefits covered under any proposed Totalization Agreement. Please refer to SSA regulation GN 01701.130A.


Q: If there is no way I can qualify for Medicare in the U.S., can you suggest alternate insurance plans?

A: If you are a U.S. citizen, when you return and establish residence in the U.S. you are eligible for Supplementary Medical Insurance (Part B of Medicare). You can enroll during your initial enrollment period (IEP), which is the seven month period that covers three months before and three months after the month you establish residency in the U.S. Please refer to SSA regulations HI 00805.005A2., HI 00805.007B., and HI 00805.015A. Example: You returned and established residency in the U.S. in June 2003. Your initial enrollment period is from March 2003 through September 2003. If you fail to enroll during this period, there will be a premium surcharge of 10% for every full twelve months you did not enroll after your initial enrollment period. The premiums, as of January 2004, are $66.60.


Q: How do I find the SSA regulations you referred to above?

A: You can search for SSA regulations at SSA's website:

Go to http://www.ssa.gov

On the left side of the screen, under "Resources", click on "Freedom of Information"

On the right side of the screen, under "www.socialsecurity.gov", click on "Manuals and Instructions"

Click on "SSA Program Operation Manual (POMS)"

From here, you can search either by clicking on the first 2 letters of the specific POMS reference (i.e., RM, GN, HI, etc.) or by using the search mode and indicating the specific POMS reference, i.e. GN 01701.130.


Please note that the Embassy and our Consulates do not have information on Japanese social security (nenkin) benefits or procedures. Please contact the appropriate Japanese officials at your local ward or city office.

[FG Lurker]

For the pension, if you pay into it for long enough (25 years I think) you get a pension when you retire. BUT you only get it if you live in Japan. If you move overseas you forfeit the pension.

The J-pension rules just changed for folks from the USA last year.
Americans can now swap their J-pension benefits for US Social Security benefits. For an an American like me with 22 years paid into the Japanese pension system, it is good deal since I will choose which ever system is more solvent and pays me the most money.

A few other Western countries have countries (such as Germany ?) have similiar the "reciprocal benefits" agreements.

Finally, J-pension will be paid if you have perm resident visa and then move back overseas to retire: FGs do NOT necessarily have to forfeit the J-pension.

That is very interesting news Taro, thanks for sharing it.

I was under the impression that even Japanese had to be in Japan to collect pension benefits. Or more specifically, had to maintain an address in Japan. Don't you lose your permanent residence if you leave Japan for a certain length of time?

[kamome]

Having to file a Japanese tax return on your own is a pain in the ass.

It's not hard at all. And the tax office is very helpful. I think we had this discussion in another thread already actually...

[Edit: Yes, it was here.]

I remember that thread, and I still contend that having to file your own return is a pain in the ass compared to the ease of having your employer just deduct the proper taxes and do the adjustments for you. Besides having to take a day out travel to your local tax office and then wait in line, if you are an American you also will have the double burden of filing your own US return.

I worked in the tax department of a Big 4 accounting firm in Tokyo for a couple of years. One client had to abandon plans to change all of its Japanese employees into independent contractors because the affected employees griped so much about shouldering the burden of self-filing.

[FG Lurker]

Having to file a Japanese tax return on your own is a pain in the ass.

It's not hard at all. And the tax office is very helpful. I think we had this discussion in another thread already actually...

[Edit: Yes, it was here.]

I remember that thread, and I still contend that having to file your own return is a pain in the ass compared to the ease of having your employer just deduct the proper taxes and do the adjustments for you. Besides having to take a day out travel to your local tax office and then wait in line, if you are an American you also will have the double burden of filing your own US return.

Anything is a PITA if you compare it to having someone else do it for you without charge. Compared to filing taxes in Canada though it is a breeze.

I worked in the tax department of a Big 4 accounting firm in Tokyo for a couple of years.

My condolences... ]One client had to abandon plans to change all of its Japanese employees into independent contractors because the affected employees griped so much about shouldering the burden of self-filing.[/quote]
That's pretty fucked up. It's not a problem to self-file. You can deduct all sorts of extra crap as a contractor too, and generally taxes end up being lower. It is one of the few benefits to being an independent contractor in Japan.

There are many things those employees would have had huge complaints about though -- like loss of job security and loss of the huge retirement bonuses they would get as full-time employees.

[Ethos]

I studied Japanese law at uni, but I'm not much help. I know there was a huge case involving Sanyo that had to deal with short term contracts. In that, I think they sided with the employees because the only thing that separated them from normal employees was the wording in the contract. Japanese law is about as fucked as the gaijin in this country. You could fight it if they choose not to extend it beyond 3 years I think, but I think JET's connected with the govt, and the courts tend to side with them on cases like that (look at any cases involving enshrinement or situating an army. They'll find a way around anything).

[iwantmyrightsnow]

As for trying to fight the BoE, forget it. Really, forget it. You have less than a snowball's chance in hell. Fighting will likely get you blacklisted as a troublemaker though.

That isn't quite true. Teachers at Nishinomiya Board of Education contarct limits and won. They now have the right to work there as long as they wish. It has been won at other places too. The JET programme is a completely different story though.

[iwantmyrightsnow]

Does anyone know if they(BofE) can mix. What I mean is can they have like half JET and half private hires? Or do they have to go all or nothing. And yes I would be a lot cheaper for them as I am already living in the city(they are not in any way providing my housing), I have a spouse visa and they don't have to pay any airline fare. So you would think that it would be a no brainer but you never know.

Sdskinner

Yes, many do mix. Osaka has 3 kinds - jets, their own direct hired nets and dispatched teachers from places such as ecc