労働実態踏まえ社保加入認める…東京地裁判決

労働時間が正社員の4分の3未満であることを理由に社会保険の加入資格を失うのは不当として、東京都内の英会話学校に勤める男性講師が日本年金機構に加入資格の確認を求めた訴訟で、東京地裁は17日、男性は保険に加入できるとの判決を言い渡した。舘内比佐志裁判長は、労働時間だけでなく報酬額や職務内容などを総合的に考慮して「加入資格があった」と判断した。

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Tozen Union Wins Berlitz Pension Suit, but …

June 17th, 2016 1:25 PM
Tokyo District Court on Friday overturned Japan’s Pension Agency’s 2011 decision rejecting Tozen member Yancey Co’s appeal to enroll in Japan’s shakai hoken health and pension scheme.

Co’s employer Berlitz Japan had kicked him off shakai hoken in 2008, after his work hours apparently fell below 30 hours per week in the wake of the global financial crisis.

The 30-hour, or 3/4 of a full timer, threshold can be found nowhere in labor law but rather in the agency’s internal memo dated June 6, 1980.

The English language instructor from Vancouver, Canada, had asked the agency to force Berlitz to enroll him but through three appeals the agency ruled against him.

Undeterred, Co sued the agency in January 2012. “I wanted part-timers to have the right to enroll.”image

After four and a half years of litigation, Tozen Union sees the Friday victory as a partial victory only.

“We insisted that the memo has no legal force and should not be used to kick someone off shakai hoken,” said Louis Carlet, an executive of Tozen Union. “We were hoping the court would declare the memo illegal. Unfortunately the judge didn’t go that far.”

Tozen Attorney Shoichi Ibuski said, “This is one step forward and we hope to use this to go further still.”

(See video presentation below.)

English:

Japanese:

厚生年金未加入200万人、79万事業所調査へ

塩崎厚生労働相は13日の衆院予算委員会で、厚生年金に加入する資格があるのに未加入になっている人が約200万人に上るとの推計を明らかにした。塩崎氏は「(本来は)厚生年金に入れるのに国民年金であるならば大変な問題だ」と述べた。

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For Japan’s English teachers, rays of hope amid the race to the bottom

The major economic engines of Japan Inc. — car manufacturers, appliance giants and the like — have often been caught price-fixing: colluding to keep an even market share, squeeze competitors out and maintain “harmony.” Similarly, the commercial English-teaching business could be accused of wage-fixing: Rather than competing for talent, they have followed one another’s lead, driving down salaries to hamper career development, limit job mobility and keep foreign teachers firmly in their place.

We’ve all heard the tale of the scorpion and the frog. In a rising flood, the scorpion asks the frog for a piggy-back ride across the river. The frog refuses, complaining that the scorpion will sting it to death midway. The scorpion assures the frog it would do no such thing because they would both drown. The frog accepts the logic, lets the scorpion on its back and begins to swim.

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Osaka’s General Union lands major court victory on Shakai Hoken

GU court victory against gov’t over insurance to have major impact

On 20 March at 13:25, the Tokyo District Court ruled on the case of a General Union member who sued the Japanese government in an important test case regarding eligibility for enrollment in the Employees Health and Pension Insurance (shakai hoken).
Read more at the GU website here.

800,000 firms likely dodged pension scheme

The Yomiuri Shimbun

About 800,000 small and midsize companies are strongly suspected of evading their legal obligation to join the public pension scheme for company employees, according to the results of a joint investigation by the Health, Labor and Welfare Ministry and the National Tax Agency.

The ministry identified the companies that have likely not joined the pension scheme by examining data provided by the tax agency.

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