Work problems.

Anything that doesn't fit in another forum
KCLenny
Veteran
Posts: 252
Joined: Tue Jan 26, 2021 12:37 pm

Re: Work problems.

Post by KCLenny »

Tsumitate Wrestler wrote: Sat Apr 20, 2024 1:12 pm Part of the problem is that KCLenny seems unaware of how many paid days off they have had previously. That needs to be firmly established first. They need to compare their paystubs, to their schedule and come up with an answer.

Then they need to see if they meet the qualification for full-time based on their company size, and their working status.
I said last year I got 10 paid days vacation in a previous post. That’s how much I’ve got for every year I’ve been at this job. 10 paid days a year. That is 100% for certain. 5 in August and 5 in December.

As for my company size, it is a sole proprietorship. The boss plus 5 staff.
I work the most hours of any staff at around 32 hours a week. No one else comes close.
As for working status, as I’ve established I have no idea and no idea how to even find out. When you say status do you mean full time part time? Or regular irregular? Or something else?
Tsumitate Wrestler
Veteran
Posts: 633
Joined: Wed Oct 04, 2023 1:06 pm

Re: Work problems.

Post by Tsumitate Wrestler »

KCLenny wrote: Sun Apr 21, 2024 6:48 am
Tsumitate Wrestler wrote: Sat Apr 20, 2024 1:12 pm Part of the problem is that KCLenny seems unaware of how many paid days off they have had previously. That needs to be firmly established first. They need to compare their paystubs, to their schedule and come up with an answer.

Then they need to see if they meet the qualification for full-time based on their company size, and their working status.
I said last year I got 10 paid days vacation in a previous post. That’s how much I’ve got for every year I’ve been at this job. 10 paid days a year. That is 100% for certain. 5 in August and 5 in December.

As for my company size, it is a sole proprietorship. The boss plus 5 staff.
I work the most hours of any staff at around 32 hours a week. No one else comes close.
As for working status, as I’ve established I have no idea and no idea how to even find out. When you say status do you mean full time part time? Or regular irregular? Or something else?
That is were the phone call to the expert would come in. They can say clearly if you meet the test for a FT employee. Once you are armed with the that knowledge, you can approach your employer.

But if you are a key employee, you should have leverage, right?
KCLenny
Veteran
Posts: 252
Joined: Tue Jan 26, 2021 12:37 pm

Re: Work problems.

Post by KCLenny »

Tsumitate Wrestler wrote: Sun Apr 21, 2024 6:58 am That is were the phone call to the expert would come in. They can say clearly if you meet the test for a FT employee. Once you are armed with the that knowledge, you can approach your employer.

But if you are a key employee, you should have leverage, right?
Yeah I’ll be attempting that call sometime this coming week.

And yes. Definitely a key worker. Basically if I leave now the whole company goes with me.
Tsumitate Wrestler
Veteran
Posts: 633
Joined: Wed Oct 04, 2023 1:06 pm

Re: Work problems.

Post by Tsumitate Wrestler »

KCLenny wrote: Sun Apr 21, 2024 7:10 am
Tsumitate Wrestler wrote: Sun Apr 21, 2024 6:58 am That is were the phone call to the expert would come in. They can say clearly if you meet the test for a FT employee. Once you are armed with the that knowledge, you can approach your employer.

But if you are a key employee, you should have leverage, right?
Yeah I’ll be attempting that call sometime this coming week.

And yes. Definitely a key worker. Basically if I leave now the whole company goes with me.
You: Okay, "Boss I am taking Christmas off, and I expect to be reimbursed as I meet the general test for FT employment and I am owed X days under the law."

Them: No,

You: Okay. Here is my two weeks notice.

Them: We cannot afford to lose you, lets discuss the issue in more detail.

You: Actually, lets take a look at my contract together. If I am so central to this operation I would like a little more security. Perhaps a 5 year contract, and pay increase.....
KCLenny
Veteran
Posts: 252
Joined: Tue Jan 26, 2021 12:37 pm

Re: Work problems.

Post by KCLenny »

So I’ve just called up the number that was recommended earlier in this thread. They were incredibly helpful.
They basically said that given my hours and days per week, and my years of service, that I should be entitled to 16 days paid vacation, AND it might seem that I should be getting social insurance (pension and health insurance) paid too (which I am currently not).
So looks like an interesting conversation will be being had tomorrow.
Tsumitate Wrestler
Veteran
Posts: 633
Joined: Wed Oct 04, 2023 1:06 pm

Re: Work problems.

Post by Tsumitate Wrestler »

KCLenny wrote: Tue Apr 23, 2024 5:47 am So I’ve just called up the number that was recommended earlier in this thread. They were incredibly helpful.
Excellent.
They basically said that given my hours and days per week, and my years of service, that I should be entitled to 16 days paid vacation, AND it might seem that I should be getting social insurance (pension and health insurance) paid too (which I am currently not).
So looks like an interesting conversation will be being had tomorrow.
This may be central to the first point. She may have been hiding from these obligations. I am unsure how to interpret "at all times", but I assume shes trying to hide behind that distinction.
If an individual's business has 5 or more employees at any given time, it will be subject to compulsory social insurance, with the exception of some industries

個人の事業所は、従業員が常時5人以上となった場合、一部の業種を除き社会保険の強制適用事業所となります。加入条件を満たす従業員がいる場合には、社会保険の加入手続きが必要です。

2022年10月に適用業種の範囲変更があり、これまで対象外であった士業の個人事業所も、この「常時5人以上」の条件が適用されるようになりました

https://biz.moneyforward.com/payroll/ba ... F%E3%80%82
KCLenny
Veteran
Posts: 252
Joined: Tue Jan 26, 2021 12:37 pm

Re: Work problems.

Post by KCLenny »

The person I spoke to actually called me back to say that it was not obligatory for my boss to pay for social insurance because my company was small.
She said that it had to be a place that had 50 staff members.

However what you just posted says 5 staff.
If it’s 5 staff then I’m potentially in luck. As that’s what we have.
First I’m going to discuss the vacation pay, then depending on how well that goes, I’m going to push my luck on the social insurance
Tsumitate Wrestler
Veteran
Posts: 633
Joined: Wed Oct 04, 2023 1:06 pm

Re: Work problems.

Post by Tsumitate Wrestler »

KCLenny wrote: Tue Apr 23, 2024 8:40 am The person I spoke to actually called me back to say that it was not obligatory for my boss to pay for social insurance because my company was small.
She said that it had to be a place that had 50 staff members.

However what you just posted says 5 staff.
If it’s 5 staff then I’m potentially in luck. As that’s what we have.
First I’m going to discuss the vacation pay, then depending on how well that goes, I’m going to push my luck on the social insurance
This is what I understood, but they may have more accurate information.

https://www.nenkin.go.jp/oshirase/topic ... sigyou.pdf

I would ask for clarification, do not trust my reading of this.
Last edited by Tsumitate Wrestler on Tue Apr 23, 2024 9:52 am, edited 2 times in total.
User avatar
RetireJapan
Site Admin
Posts: 4728
Joined: Wed Aug 02, 2017 6:57 am
Location: Sendai
Contact:

Re: Work problems.

Post by RetireJapan »

KCLenny wrote: Tue Apr 23, 2024 8:40 am The person I spoke to actually called me back to say that it was not obligatory for my boss to pay for social insurance because my company was small.
She said that it had to be a place that had 50 staff members.

However what you just posted says 5 staff.
If it’s 5 staff then I’m potentially in luck. As that’s what we have.
First I’m going to discuss the vacation pay, then depending on how well that goes, I’m going to push my luck on the social insurance
My understanding of that is five full time employees.
English teacher and writer. RetireJapan founder. Avid reader.

eMaxis Slim Shady 8-)
KCLenny
Veteran
Posts: 252
Joined: Tue Jan 26, 2021 12:37 pm

Re: Work problems.

Post by KCLenny »

RetireJapan wrote: Tue Apr 23, 2024 9:21 am My understanding of that is five full time employees.
If it’s 5 full time staff, then I’m out of luck.
Post Reply