Foreign worker's Bible 09120７
Dec 10th 2009 12:07
Ｑ；
I had been in Japan for three years, and I severed my finger during work.
When I requested Workmen's Accident Compensation Insurance(Rodou Saigai Hoken Hosho-ho 労働災害保険保証法）, my employer said tha the did not belong to the insurance plan.
Since my visa has already expired, I can't ask the local government for help.
A;
You are eligible for Workmen's Accident Compesation Insurance as Japanese workers.
It doesn't matter whether you visa status is legal or not.
In 1989, the Labor ministry announced,
"Japanese labor laws, including the Labor Standards Law(Rodo kijun-ho 労働基準法）, Workmen's Accident Compensation Insurance(Rodou Saigai Hoken Hosho-ho )and the Labor Safty and Sanitation Law(Rodo Eisei Hoken-ho) protect all people working in Japan, regardless of nationality or visa status."
Employers have a legal responsibility to take out the insurance policy.
Even though you are not insured by the employer, you are still eligible because the compensation insurance is retroactive to the time when you were employed.
In your case, the employer must pay all the premiums for the last three years.
Many illegal workers hesitate to apply for compensation insurance at the Labor Standards Inspection Offices(Rodo Kijun Kantoku-sho) because they are afraid of being reported.
According to the Labor Ministry, the Labor Standards Inspection Offices won't report to the immigration offices in principle, except when they find an excessive number of illegal workers working somewhere.
If you are afraid of being reported to the immigration offices, there are several public consulting offices for foreigners which will maintain discretion.
I had been in Japan for three years, and I severed my finger during work.
When I requested Workmen's Accident Compensation Insurance(Rodou Saigai Hoken Hosho-ho 労働災害保険保証法）, my employer said tha the did not belong to the insurance plan.
Since my visa has already expired, I can't ask the local government for help.
A;
You are eligible for Workmen's Accident Compesation Insurance as Japanese workers.
It doesn't matter whether you visa status is legal or not.
In 1989, the Labor ministry announced,
"Japanese labor laws, including the Labor Standards Law(Rodo kijun-ho 労働基準法）, Workmen's Accident Compensation Insurance(Rodou Saigai Hoken Hosho-ho )and the Labor Safty and Sanitation Law(Rodo Eisei Hoken-ho) protect all people working in Japan, regardless of nationality or visa status."
Employers have a legal responsibility to take out the insurance policy.
Even though you are not insured by the employer, you are still eligible because the compensation insurance is retroactive to the time when you were employed.
In your case, the employer must pay all the premiums for the last three years.
Many illegal workers hesitate to apply for compensation insurance at the Labor Standards Inspection Offices(Rodo Kijun Kantoku-sho) because they are afraid of being reported.
According to the Labor Ministry, the Labor Standards Inspection Offices won't report to the immigration offices in principle, except when they find an excessive number of illegal workers working somewhere.
If you are afraid of being reported to the immigration offices, there are several public consulting offices for foreigners which will maintain discretion.
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t doesn't matter whether you visa status is good or not. (An expired visa isn't an illegal one, it's just a useless one.)
>
Kohlrak・翔太さん
いつも添削ありがとう！
なるほど！
この教本をつくった労働省の役人も、たぶん気づいていないのでしょうね。、、、(^^;
久しぶりですね。最近、すごく忙しくて日記が読めませんでした。＾＾；英語が大分上手になりました。そして、いつもながら日記はとても面白かったです。ありがとう！
(Long time no see! Recently I've been really busy, so I haven't been able to read your entries. Your English has gotten really good. Also, your entry is as interesting as always. Thanks!)
Whether such agency should report illegal immigrants is a pretty interesting question.
If the offices protecting employees routinely did report illegal workers, nobody would report mistreatments to them for fear of being deported, which could even leave to some illegal immigrants working in conditions amounting to slavery, and they could be blackmailed by their employer to not to quit.
Alternatively, if they make it their policy not to bust illegal immigrants, they're able to better working conditions for them (and take action against bad employers). As for what happens to illegal immigrants, this way leaves it unchanged. They still aren't found out, but it's not like they're being found out in the first option either, right? Mistreatments just go unreported, because they don't want to be found out. So in the end, it seems better to go with the latter one as it makes things no worse compared to first one, but better.
It's analogous to when a person who is on the run in another country (avoiding a prison sentence, for example) is given a temporary immunity and promise to travel back to country, testify and then leave the country unhindered within a time period.
If he was not given immunity, he simply wouldn't come testify and justice in the other, perhaps unrelated case, wouldn't happen.
There was such a case lately in Finland, and quite many people protested to the temporary immunity given without thinking too much about it..