Good news if you're worried about the possibility of your visa renewal being denied due to your lack of national health insurance coverage:
The Immigration Bureau is planning to change a new guideline for foreign residents to ease concerns that those without social insurance will be forced to choose between losing their visa and entering the insurance system, a bureau official said Monday.
[...]
"The bureau will delete item No. 8 by the end of March, and 'lightly mention' the need to present a health insurance card in the introductory passage of the guideline," Immigration Bureau spokesman Yoshikazu Iimura told The Japan Times. "The wording will be in a manner to eliminate foreign residents' concerns that their visas won't be renewed if they don't have insurance."
So now the Immigration Bureau will "lightly mention" that you should be
enrolled in shakai hoken or kokumin kenko hoken. Curiously, the article passes off the change as a victory:
Foreigners and their supporters have protested the new
guideline as an infringement on freedom of choice.
However, the deletion of Guideline 8 is in no way a victory for free choice. It's worth restating that nobody is being denied healthcare. It is your right to enroll in SK or KKK. You need to claim that right by asking your employer to enroll you in shakai hoken or enrolling yourself in kokumin kenko hoken.
I'm late talking about this, but it's worth noting given Hoofin's recent comments on freechoice.jp and health insurance in Japan. After I was asked to take down a letter from a private insurance provider that I posted here, Hoofin went out and did some digging, and came up with a lot of interesting stuff.
If Hoofin's findings are accurate, it makes you wonder if Kessler is honestly fighting for the right for foreigners to choose between national and private health insurance schemes or if he's fighting to protect his health insurance companies or the stakes he may have in them.
The letter that I removed from the blog concluded by urging readers to visit http://www.freechoice.jp/immigration2.asp for more information.Although the page is about "breaking news," as far as I can tell, you can't access it from anywhere within freedomchoice unless you've received the letter or were told about the page by Kessler. Despite the internal fax that apparently softens Immigration's stance on having to enroll in either shakai hoken or kokumin kenko hoken, there's been no independent verification of this to my knowledge. As it stands, the revisions to Guideline 8 are still in effect and immigration offices have signs up reminding people of the changes starting in April.
Moreover, it's difficult to think that Kessler is lobbying the government for change in good faith when he writes on the main page of his website, "Free choice means having the right to choose. A non-Japanese who desires to be on public health care should also not be denied access to it." He's full of it. Foreigners are not being denied access to healthcare in Japan. It is your right and obligation to be enrolled in shakai hoken or kokumin kenko hoken If anything is wrong, it's two things: 1) ignorance by employees and 2) far too many employers, especially in eikaiwa, intentionally not informing their employees of their right to healthcare and foisting some other plan upon them that is no more than travel insurance in disguise.
Can we trust anything on the freechoice website? His claim about Guideline 8 being put on hold hasn't been verified by any other source. Given that he may have incentives to skew things toward private insurance due to his possible connections to HealthOne, the answer has to be, "No."
An LJ reader sent me this letter from his insurance company regarding the new immigration guideline which appears to confirm that the stance on the guideline has been softened. As the letter points out, not being enrolled in a public health plan is insufficient grounds for declining a visa renewal application. It looks like a lot of instructors can breathe a sigh of relief.
Update 11/28: Hoofin makes some salient points on this issue. The focus on Guideline 8 is misplaced in that it doesn't supersede the fact that the law still compels you or your employer to enroll in a national health plan while you are working in Japan. Instead of faxes from Diet members and comments from the Immigration Bureau, we should be seeking answers from the Health Ministry and Social Insurance Agency who have authority over this matter.
Update 12/7: Dmca.com has contacted Let's Japan and informed me that their client requested that this URL be taken down since I posted private and confidential correspondence intended for their client only. On that note, I've removed the letter from this post.
As you are aware, immigration guidelines are set to be changed next April so that you will have to show proof of enrollment in shakai hoken or kokumin kenko hoken when you apply to renew your visa. This is a huge issue for eikaiwa instructors as most are not enrolled in either health plan and are faced with the possibility of having to make hefty back payments upon enrollment.
This change might be on hold, though. According to Ronald Kessler, head of the Free Choice Foundation, which is campaigning for foreigners to be able to opt out of Japan's national health plans and buy their own private coverage, the revisions to the immigration guideline may be scrapped.
The Free Choice Foundation has just received word that an unpopular Immigration guideline is to be repealed.
The news was relayed via a phone call from the office of an Upper House lawmaker* immediately after he had spoken with the Justice Ministry regarding Immigration Guideline No. 8, the mandate that would have required visa applicants to present their social insurance ID cards at the application window. The lawmaker was informed that due to the large number of complaints registered - as well as the communiqué received from the Kobe City Assembly - the Ministry will be deleting (sakujo) Guideline No. 8 from the list of eight guidelines.
Kessler says that the Justice Ministry was overwhelmed by the resistance to the changes and decided to delete the guideline for the time being. No doubt a lot of instructors are going to be very relieved to hear this news.
Novawhiz noticed an update to the GEOS Wikipedia page that was quickly removed:
Recent economic woes have lead Geos to be late paying the Japanese staff in August and September 2009. It is further reported that foreign teachers working at the adult schools were not paid on time in October 2009. Geos is currently asking clients to pay as much as 5 months in advance for the following year's lessons in a bid to raise the necessary funds to meet payroll obligations. This financial distress has led to many Japanese staff members to resign.
The edit in question can be found here.
There may be some truth to this. A thread in a kuchikomi message board wonders the same thing: were the staff late in getting paid? In response to the question, the first post was:
2009/09/22 19:21
はい!!!
そのとうりです!毎月月末のスタッフのお給料がでませんでした。
本部から自宅に電話があり、お金がないので今海外校に送金手続きをしてもらっているから1週間待ってくださいと・・・。
スタッフに払う金がない????
ありえない・・・。
すぐに上司にやめたいと言いました。
却下・・・・。
周りのMGは妊娠した、入院する、母ががん。。。とうそをついて辞めようと必死です。
今月でるのでしょうか・・・。お給料。
NOVAの次とは聞いてますが、いよいよ破産近し・・・・です。Yes!!!!
Head office called me at home to say that they had no money and to wait a week until they can process wire transfers from overs schools.
They don't have any cash to pay staff????
That's unbelievable.
I immediately told my boss that I wanted to quit.
Got rejected...
Other managers I know are scrambling to quit, saying they're pregnant, have to be hospitalized, or their mother has cancer.
I wonder if we'll be paid this month?
I've heard GEOS would be next after NOVA. Looks like it's ready to go under.
Another commented:
2009/09/30 21:44
9/30日本日もお給料入っていませんでした!!!!!
2回目です。NOVAは4回目の社員お給料遅延で破綻。
いったいどうなるんでしょうか。
2ヶ月もお給料遅れるなんてまずいですね。2009/09/30 21:44
It's 9/30 and I haven't been paid !!!!
This is the second time. NOVA went bust after pay was late for the 4th time.
What the hell is going on?
Getting paid late for 2 months running is not good.
Another poster says pay was late for instructors, too:
2009/09/30 22:31
今回は講師も遅れましたね。
今回はシステムエラーなのかミスなのか
、まあどっちでもいいですが、2カ月続いての事なので
「ホントかよ!?」って感じです。2009/09/30 22:31
It happened to the instructors, too.
Whether it was a system error or a mistake, it's happened 2 months in a row. What's up with that?!
Another comment about a "system error:"
2009/09/30 23:26
今日も給料入ってませんでした。本部のシステムエラーだとメールがきていましたが、それが本当のことならあってはいけないミスですよね。かえって売り上げが悪く支払いが遅れますと言ってくれた方がましです。こんなことだからCSの案内するのに気が引けるっつうの。
2009/09/30 23:26
I haven't been paid this month. I got an email from head office saying that it was a system error, but if that's true, it's an inexcusable mistake. I'd rather hear from someone that sales are down and salaries will be late. I'm not up to doing CS [Commission sales] because of this.
Another commenter adds that they finally got paid:
2009/10/05 23:37
9月は1日遅れで入りました!
システムエラーだそうです。
先生が辞める!!!と言い出したのでなだめるのに大変でした><!!2009/10/05 23:37
September's pay was a day late but I got it!
Apparently it was a system error.
Teachers have started saying that they'll quit and I've had a tough time trying to smooth things over!!
Finally, a student chimed in to say:
2009/09/26 19:20
私は、ジオスに通っている生徒です。
契約更新をするかしないか・・・迷っています。>更新時に「ジオスはつぶれませんよね」
>と言われて「今のところ大丈夫ですよ」としか
>言えませんでした。私も、同じ質問をしたところ、
「分からないですからね。」と言われ、
半年契約(?)を勧められました。先生は凄くいい人で、続けたい気持ちはあるのですが、
NOVAのようにお金だけ払って続けられなくなったらと思うと
怖いです。年内にも経営破たんをしてしまうのでしょうか。
※ジオスのHPで経営状況を確認したかったのですが、
【売上高:164億円('06.12月期)】
となっており、通常'08(2009年更新)の売上高が
記載されるべきなのに、過去のものが記載されており、
確認ができませんでした。2009/09/26 19:20
I'm currently a student at GEOS. I'm thinking about renewing but am having second thoughts
>They ask during renewals, "GEOS isn't going to go bankrupt, right?," but all I could say was," Right now everything is fine."
When I asked the same question, they told me they didn't know and tried to sell me a 6-month contract (?).
The teachers are really good people and I want to continue, but I'm scared to think that things might end up like NOVA where you pay and are then unable to take lessons.
I wonder if they'll go bankrupt by the end of the year?
*I looked up GEOS's finances on their website and found their sales were 16.4 billion yen (for the period ending Dec. '06) but couldn't find any new numbers even though sales figures for FY'08 should be up there.
These are anonymous comments and I have no way of knowing how much truth there is to what's been said. If the "system error" explanation sounds familiar, it's because NOVA used the same excuse to explain why it had not paid their staff.
Can anybody flesh this out some more? Has pay been late for the past two months? Is this just a one-off event or a sign of more serious trouble to come?
This is how the end came for NOVA. First it was the staff, and then it was the instructors not getting paid. If the rumour is true and the staff has been late in getting paid, it's time to start thinking about Plan B. You don't want to repeat the fisaco of ex-NOVA instructors getting re-hired. The moment you don't get paid, get the hell out as fast as you can. You certainly don't want to end up teaching in a park for food.
UPDATE 02/21: Comments are closed for this post. Continue the discussion here.
The latest development in the dirty undertaking of dispatch teaching:
A labor union of foreign workers requested Monday that the Aichi prefectural board of education address the concerns of English-language instructors at public schools who they say are working under illegal contracts.
The General Union, based in the city of Osaka, said an investigation it conducted last month and communications with municipal boards of education show that foreign teaching assistants in 16 school districts in the prefecture are contracted by private language schools or other agents rather than the school boards themselves.
The union charges that by going through agencies, the school boards are "avoiding the obligation of hiring them directly that comes after a certain period of (temporary) employment has elapsed."
It's all slowly coming to a head. Nothing illustrates the situation better than this 2005 letterfrom the Ministry of Education, Culture, Sports, Science and Technology (MEXT) acknowledging that gyomu itaku (outsourcing contracts) are illegal.
This notice was sent to all prefectural BOEs, and advises that they give preference to JETs, direct hires, and legal dispatch jobs over gyomu itaku with private dispatch companies. It also recommends that skilled ALTs be made permanent employees (正社員).
Paragraph 3 in the appendix also contains some noteworthy items. It notes that dispatch contracts can only be made with ministry-approved dispatch companies and that BOEs should make sure they are dealing with approved companies before entering into a contract. It also notes that dispatch contracts are valid for 3 years whereupon the ALT must be made a permanent employee.
This letter is the kind of thing that should lay the foundation for ALT positions to be decent jobs, but instead, what we have is a terrible triangle.
BOEs: Lazy and cheap. They want ALTs in classrooms but don't want any of the hassles that come with having to manage foreigners. They know that dispatch companies can be unscrupulous but use them anyway. They like the steady supply of cheap instructors but aren't smart enough to figure out why the teacher turnover is so high.
MEXT: The letter shows that they are aware of illegal hiring practices, but they aren't doing anything beyond issuing guidance. This particular letter was written in 2005, and clearly nothing has been done in the past 4 years. Recall the fate of Samantha, covered by NHK in 2007. Fast forward to the present, and we still have the same abuses happening to ALTs like Robert and Eric.
ALTs: For some unknown reason, despite the information one can find on the internet about dispatch companies and teaching in Japan, teachers still insist on being taken advantage of by their employers. They work for low pay and no benefits because they'd rather not give up on their dream/fantasy/plan of living in Japan.
Where is the breaking point? There is absolutely no justification to put up with such terrible working conditions. At what point does the whole mess collapse under the weight of its own bullshit? Who takes the first step in breaking the triangle? Do the BOEs smarten up? Does MEXT do something beyond issuing memos? Do ALTs quit in droves or strike for better working conditions?
The Japan Times ran a couple of articles last week on the coming changes in health insurance for foreigners in Japan.
As you are probably already aware, starting next April, you will have to show proof of enrollment in shakai hoken (SH) or kokumin kenko hoken (KKH) when you apply to renew your visa. Jenny Uechi reminds us of the law:
If you are working for a company in Japan, chances are that you are (or need to be) enrolled in shakai hoken, in which you pay half of your health insurance premiums and your company pays the rest. There isn't much ambiguity about shakai hoken: If a company employs more than five people, and an employee is working more than 20 hours a week for a period longer than 2 months, the company is obligated to submit paperwork for an employee's health insurance and pension to the Social Insurance Agency within five days of hiring. With shakai hoken comes the kosei nenkin, or pension plan; the two are a set, and enrollment is mandatory whether you plan to retire in Japan or not.
Meanwhile, people who are unemployed, self-employed, employed by a small firm or retired should be enrolled in kokumin kenko hoken (national health insurance). People paying into this system have to sign up on their own for kokumin nenkin (the national pension) at their city ward office.
Unfortunately a lot of English instructors are unaware of the law and find themselves in a position like "Patrick Johnson:"
Patrick Johnson (not his real name), an assistant language teacher, has recently had to fork out over ¥700,000 in back payments for the last two years he has been living in Japan without national health insurance. He has just paid his final monthly installment of ¥75,000, he explains with a tired sigh of relief. He used to pay for private insurance, but has left the scheme now he is covered by kokumin kenko hoken.
Johnson, who works for a large corporation with far more than five employees, is well aware that he should technically be enrolled in shakai hoken, where his company pays 50 percent of his premiums. But because his contract states that he only works 29.5 hours — well over the 20-hour limit but .5 of an hour below the limit that usually triggers a government crackdown — the company can instead oblige him to sign up for the other option, where he has to bear 100 percent of the cost.
"You know how the system works," he says wearily, as though hour-fudging is a given in Japan's language-teaching industry.
Johnson reflects on his experience with more resignation than rage. Last year, he says, the city started sending letters asking him to pay health insurance. Since he already had private coverage through his company, he did not think much of it, but started panicking when the city approached his company asking for his bank information. Then one day it happened — he saw ¥50,000 had vanished from his bank account
His experience is typical of most instructors. They are generally unaware that their employers should be enrolling them in an insurance scheme and are surprised to learn that they owe up to two years in back payments when they finally do get properly enrolled. This is also one of the reasons why many would like to avoid SH or KKH--they are expensive.
Which brings me to Ronald Kessler's Zeit Gist column in which he argues that foreigners in Japan have special healthcare needs and that for vital reasons of communication, level of service, and repatriation of remains, foreigners should be able to presumably opt out of SH or KKH and choose their own plans.
There are a few problems with Mr. Kessler's argument, however. First, enrollment in SH and KKH is mandated by law, and, lke taxes, you can't choose to not pay. He also forgets to mention that if foreigners do need extra coverage, they can get it from one of Japan's private insurance companies. This is in fact what many Japanese do to cover the gap between SH or KKH should they be hospitalized for an extended period of time. Moreover, he fails to provide any specifics as to what other health insurance plans make them preferable to Japan's public ones. What are the cheaper and more comprehensive health insurance plans? Are they universally accepted across Japan?
One point I agree with him on is that it is curious that Immigration, not the Social Insurance Agency, will effectively be enforcing enrollment. This shifts the burden of enrollment on the instructors, not their employers.
If the government wants to enforce enrollment in this odd manner, then that's there prerogative. Personally, I don't see this an issue of choice insomuch as it is a labour issue. As has been mentioned on LJ before, employers play fast and loose with working hours, drawing up 29.5 hour work weeks so they can avoid having to enroll their instructors in a health plan even if their instructors are physically at school on a full-time basis.
Instead of putting the burden on instructors to enroll, the Social Insurance Agency should be cracking down on the schools who shirk their legal obligations.
One thing is for sure, there will be more than a few instructors who are hit for back payments when they are ultimately forced to enroll. There may even be a few who are unable to renew their visas.
It's time for instructors to be prepared. If your visa is up for renewal next spring, make sure you have some money set aside in case you are have to make back payments. While costly, you can negotiate with local governments and set up a payment schedule that fits your budget or even get your payments reduced.
It's also time to start making some noise about your working conditions. Even "Patrick Johnson" knew his employer was gaming the system yet he turned a blind eye. Don't let your employer rob you of your right to healthcare in Japan. For all its warts and deficiencies, SH and KKH cover you, no questions asked. The choice involved here is not which plan is better for foreigners in Japan, but choosing to stand up to your employer and demanding your right to healthcare coverage.
Old news is fun! The Japan Times reports on Yano Research's survey on the foreign language learning market in Japan, which I wrote about this at the beginning of August and touched on again earlier this month. The only difference with today's article is that the JT spoke with somebody at GEOS.
Susumu Ikegami, a spokesman for Geos Corp., which runs English-language schools in Japan and other countries, said they have been facing a serious decline.
"As the number of students decreased, the number of classrooms also declined," said Ikegami, who declined to give the figure for the classrooms.
Ikegami said the market's downward trend began about five years ago, although the reason is hard to pinpoint. However, he pointed out that the bankruptcy of Nova Corp. in October 2007 had some impact.
It's amazing that Ikegami can't figure out why business is down. You can try and blame NOVA, Lehman Brothers, or swine flu, but you can only wring so much mileage out of those excuses. The article ends with this brilliant plan:
However, Ikegami of Geos said the overall outlook for the language-school market in Japan doesn't appear bright.
"We have 53 schools overseas, and they are doing pretty well. So, while there is the chance of growth from a global outlook, we don't really have a good picture for the Japanese market. Rather than getting more students, we are working to run the business more economically," Ikegami said.
Things don't look good down the road, so let's cut costs? That's it? The market has been sliding for years and GEOS is still at the cut costs/efficiency stage? The article is titled "Few answers for the language market." Is the problem about finding answers to the downturn or the dreadful way in which eikaiwa schools conduct business?
My guess is that it's the latter, with NOVA being the straw that broke the camel's back. All the schools really care about is putting bums in chairs and vacuuming their students' wallets, and NOVA was the poster child of this kind of behavior. METI's press release describes it in vivid detail, from pressure sales to exaggerated advertising to underhanded refund practices to outright thievery and deception. Other schools have tried to blame its instructors for the failings of the company or sue them for exercising their right to strike.
But the bad behavior doesn't stop at eikaiwa. Dispatch teaching is just as bad. Not only does the job have no benefits, instructors are disposable employees that boards of education pick and choose from and discard at will. Although teaching English looks promising in elementary schools, it should not be forgotten that the potentially lucrative job scene hinges on school budgets. BOEs with no money are more likely to stick with a Japanese teacher than hire an ALT.
The homestay business is more of the same. Gateway21 tore a page from the NOVA playbook with 950 million yen vanishing into thin air as the end result.
To put it bluntly, the rot is extensive, and teachers and students know it. But if the Susumu Ikegamis of the business can't understand why business is bad, then there's not much hope for them. What's the answer that eikaiwas should be looking for? How about: Stop abusing your employees and ripping off your customers?
The Yomiuri Shimbun, via Yahoo!, has a story about the dark underbelly of ALT dispatch companies as English will become a compulsory subject in the fifth and sixth grades in 2011.
For example, schools have to deal with the constant turnover of ALTs. One BOE member in Saitama related that he is on his 4th ALT quit since April. This revolving door of teachers is not conducive to learning.
A contributing factor to the revolving door are the dispatch companies themselves. The low salaries ALTs receive guarantees they won't be around for very long. A principle in Saitama noted that the dispatch company that won the contract for his school placed a bid that was ¥310,000 per ALT lower than the bids last year.
Figures from the education ministry show that 25% schools use the JETs while the remainder rely on dispatch companies. The principal in Saitama adds that his city has a contract with a dispatch company to provide approximately 20 ALTs to more than 40 elementary, junior, and senior high schools, and knows that the company has cut the salaries, bonuses, or in some cases both, of ALTs who missed half a day due to illness. He says that he will no longer be able to provide quality education if the number of unscrupulous dispatch companies increases.
The increase in dispatch companies took a noticeable leap in 2006 when it was announced that English would be a compulsory subject in elementary schools. But this was when ALTs in the JET Programme were directly hired. An increasing number of school boards now don't want to be bothered with having to hire, house, or find replacement ALTs, which is why they find dispatch companies so appealing.
The problems described in the Yomiuri article are further illustrated in a news special on ALTs. Like their Japanese counterparts, contract teachers have zero job security. Part 1 starts with Lara, who came to Japan to study pottery. She's teaching twice a week, and lucky for her, she is directly employed by her BOE. She is one of the lucky ALTs. She loves her job and the kids like her lessons. Then there are the less fortunate ALTs like Robert, who was summarily fired from his job 5 months before his contract expired. His lunch consists of bean sprouts and a small cut of salmon. He has to pinch his pennies because he hasn't found another job. When he tried to get an answer from his dispatch company as to why he was dismissed, they told him that the BOE wanted a change in ALTs. To illustrate how bad the conditions are, the news program asked a room of parents and students if their ALT had ever changed during a year. They answered, "Yes," with one boy saying he had 7 or 8 different teachers.
In part 2, we're treated to more problems. Eric has no savings and made only ¥112,000 in December and ¥150,000 in January. Although he's been working for 3 years, he's been on 6-month renewal contracts. He hasn't been paying into shakai hoken because his dispatch company told him that since he teaches fewer than 6 hours a day, they can't enroll him. His contract, however, shows that he works 8 hours a day.
His contract with the dispatch company is illegal. The problem is that while the schools are supposed to go through the dispatch company when giving orders or instructions to an ALT, this doesn't happen simply because the ALT is in the school and its easier to give instructions directly. Under the law, the schools should be directly employing ALTs.
A survey done by the news program shows that of the 62 cities they surveyed, 51 BOEs had contracts with dispatch companies. If the education ministry understands that these kinds of contract arrangements are illegal, why are ALTs working under them? The answer comes down to money. The BOEs don't have any, so they look for the cheapest dispatch company. The education ministry, however, appears to have no idea as to how many ALTs are working under this conditions, but plans to investigate.
Comment: The school boards want English to be cheap, fast, and, good but don't realize that they can only pick two of these options in real life. If BOE's want continuity and good lessons, they're going to have to pay for it, but they don't appear to have the budget for this.
The article and the news report illustrate how utterly broken English education is in public schools. Fixing this problem should be straightforward but the BOEs have no money and the education ministry is dragging its feet even though it's aware ALTs are working under illegal contracts.
With NOVA gone, I think it's fair to say that ALT dispatch companies can lay claim to being the worst in the business. They are truly bottom of the barrel.
Update: A subtitled version of the report can be found at Japan Probe.
7月28日14時54分配信 読売新聞
2011年度から必修化される小学5、6年生の英語の授業について、文部科学省が全国の公立小学校約2万1000校などを対象に調査を実施したところ、昨年度に小学校で実施された英語授業のうち7割近くで外国語指導助手(ALT)が活用されていたことがわかった。
生の英語を学ぶ機会が定着してきたことが浮き彫りになった形だが、一方では、簡単に授業を投げ出してしまうALTもいるなど、“質”の問題が浮かび上がっている。
「また辞めるのか」。7月中旬、埼玉県内の市教育委員会の担当者は、業者から米国人ALTが交代するとの電話連絡を受け、頭を抱えた。4月以降、辞めるのは3人目。1人目は「通勤時間が長い」と小学校に現れず、2人目と3人目は「一身上の都合」などを理由に、1学期の授業だけで、学校から消えた。2学期からは4人目が来る。担当者は「継続性が大事なのにこんなに交代するなんて。児童たちにも説明ができない」と困惑する。
「人件費を切りつめるから辞めてしまうんだろう」と、埼玉県内のある学校長はうち明ける。この学校のALT派遣を請け負った業者は、入札で、昨年の業者に比べてALT1人あたり31万円も安く落札した。
文部科学省によると、ALTを活用した小学校の授業のうち、国が仲介する「JETプログラム」によるものが25%で、残りは民間業者への委託など。
この市の場合、40余りの小中学校にALT約20人を派遣する民間業者と契約を結んだが、校長は「風邪で半日休み、給与とボーナスを両方カットされたALTもいた。なりふり構わぬ業者が増えれば、教育の質は保てなくなる」と危機感を募らせた。
関係者によると、業者の新規参入が目立つようになったのは、小学校英語の必修化が打ち出された06年ごろから。かつてはJETプログラムで採用したALTを自治体が直接雇用するのが主流だった。
しかし、自治体側はALTが住むアパートを契約したり、交代要員を確保したりしなければならない。民間業者に委託すれば、こうした手続きは不要になるため、業者を活用する自治体が徐々に増えてきた。
The Japan Times has a good summary of the issues surrounding the changes to the visa renewal process starting in April 2010. I blogged about this a while back, but the Japan Times column covers some of the implications of having to enroll in an insurance scheme in order for foreigners to renew their work visas.
Louis Carlet, deputy secretary of Nambu, laid it down for everyone in the room to understand. There are a few basic things that all foreigners in Japan have to know, he explained: first, that everyone over the age of 20 in Japan is required to enroll in an approved Japanese government health insurance scheme and pension fund. If you are under 75 and working at a company that employs more than five people, this most likely means the shakai hoken (social insurance) program; if you are unemployed, self-employed or retired, the equivalent system is the kokumin kenko hoken and kokumin nenkin (national health insurance and pension). The only people exempt are sailors, day laborers, and those working for companies employing less than five people, or for firms without a permanent address (e.g. a film set).
The two systems cover different ground, all of which is explained in detail at www.sia.go.jp/e/ehi.html. Roughly, shakai hoken consists of two parts: kenko hoken (health insurance), which covers 70 percent of your medical costs and 60 percent of lost wages due to illness, and kosei nenkin (pension insurance), which provides a pension after age 65 for those who have paid into the system. The two are inseparable, and anyone enrolled in shakai hoken through their employer automatically pays into both. The kokumin kenko hoken (national health insurance) and kokumin nenkin (national pension) package offers similar coverage but is not provided through an employer.
The bottom line is that all residents of Japan (except those mentioned above) have to be enrolled in one or other of the two systems. The revised visa laws, therefore, should pose no threat to anyone's visa renewal, because every foreigner in Japan should already be enrolled.
It has long been standard practice within eikaiwa to skirt enrollment of instructors by limiting the working hours in contracts. For example, the contracts Chris and I signed back in the day stated that we agreed to teach up to 28 hours of classes a week. The 28 hours is important because the law stipulates that companies must enroll employees in shakai hoken if the employees work 30 or more hours a week.
In 2005, NOVA brazenly changed working conditions by shortening lessons to 40 minutes and adding 2 minutes of "planning" on either side of each lesson. The net result was more unpaid free tie between classes and instructors working fewer than 30 hours per week. It was a move that supposedly saved NOVA at least ¥1 billion a year in insurance contribution payments.
Enrollment in social insurance is not without its drawbacks. Many would question the wisdom of having approximately ¥30,000 deducted from their paychecks every month, especially if they know they won't be living in Japan long enough to collect a pension. Moreover, if you've never paid into shakai hoken, you may wind up paying up to 2 years in back contributions.
That said, the benefits outweigh any initial pain. For one, you will be enrolled into a health and pension plan you are legally entitled to, and you'll avoid looking foolish like the people at the beginning of the article who didn’t know anything about social insurance in Japan or were dissuaded from joining it.
There is also recognition. Recognition that you are a full-fledged employee entitled to the same benefits as other Japanese workers. This could translate into better working conditions and improved job security. Most importantly, you are covered. No more worries about hospital visits and fewer worries about pension contributions. As the article points out, pension contributes can be refunded, but the maximum amount tops out at 3 year’s worth of contributions.
That doesn’t mean all is lost for long term residents, however. You need to check with your government and find out if it has a pension agreement with Japan. For example, Canada and the UK have them, meaning that contributions paid in Japan count toward your pension back home.
This is a positive development for workers, but it does make you wonder what took so long for this to become a reality.
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