- November 2, 2023
- Posted by: legaleseblogger
- Category: Related News
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Situation: Working as a Directly Employed ALT in the City
Currently, I am working for the city five days a week as a directly employed (technically) part-time Assistant Language Teacher (ALT). My salary payment is scheduled for the following month. At present, I am on my third one-year contract, which requires me to reapply and sign a yearly contract each year. The contract stipulates that I must inform the city at least one month in advance if I intend to resign. Additionally, I receive two bonus payments, one in July and one on December 10th.
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Desire to Receive Bonus and Final Payments Before Leaving Japan
I am planning to leave Japan at the end of December due to personal reasons and also to save on the resident tax in 2024. However, I still would like to receive the bonus payment scheduled for December 10th and ensure that all necessary tasks are completed before my departure. This includes receiving the December salary and obtaining the necessary tax-related documents, like the gensencho, to file my last tax return.
Ensuring Bonus Payment and Resignation Timing
Regarding the timing of my resignation, I am unsure if handing in my notice on November 30th (effectively resigning on December 31st) would jeopardize my eligibility for the December bonus. I would like to determine if there is a risk of not receiving the bonus under these circumstances. In addition, I am considering whether it would be prudent to delay handing in my resignation until after I receive the December bonus in my bank account. If I were to resign on December 10th and effectively quit on January 10th (considering there are no working days until January 12th), I would like to clarify whether I would still be able to receive all my remaining salary and the gensencho in December. Additionally, I want to confirm if I can avoid paying any health or nenkin insurances for January.
Simplified Tax Filing in December
Through my research, I discovered that when leaving Japan, I can file my taxes at the city in December by myself. However, I am uncertain if this applies only to resident tax or if I can also file my tax return for the year 2023 in December, thereby avoiding the need to hire a tax representative to do it in February 2024.
The AI Legalese Decoder simplifies these complexities by analyzing the relevant legal provisions, such as labor laws, tax regulations, and employment contracts. By assessing the specific clauses and guidelines pertinent to the situation, it can provide accurate insights tailored to individual circumstances.
To summarize, I am seeking assistance to resolve my confusion regarding the timing of my resignation, the receipt of bonuses and final payments, and the opportunity to file taxes in December. With the AI Legalese Decoder’s assistance, these concerns can be addressed comprehensively, allowing me to make informed decisions and achieve a smooth transition as I prepare to leave Japan.
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****** just grabbed a
>I plan to leave Japan end of December (for personal reasons, and also to save on the resident tax in 2024).
This seems wise from what I’ve read, in general if you want to leave Japan December is ideal tax-wise.
>Do I have to worry about the bonus if I hand in my resignation on November 30th (effectively resigning on December 31th?) Would there be a risk of not receiving the bonus? Should I wait to hand in my resignation until I got the bonus in my bank account?
Definitely yes, your contract very likely includes a provision that the bonus is optional and purely at discretion of your employer.
I would def consult a lawyer in your situation, you *might* (MIGHT!) be able to give only 2 week-notice without adverse legal consequences, but I don’t know if that applies in your situation or not, which will depend on a lot of details of your contract (and I’m not familiar enough to say even if you gave me those details, but a professional will).
>If I hand it in on December 10th, and effectively quit on January 10th (I got no working days until January 12th anyway),
If you are officially working until Jan 12th, even if you “don’t”, then I believe you might be screwed here. Now, as I explained, consult a professional to see if you can get away with giving only 2 weeks notice, on Dec 10th.
> Do I have to worry about the bonus if I hand in my resignation on November 30th (effectivly resigning on December 31th?) Would there be a risk of not receiving the bonus?
I would say very high risk of not receiving it. Even if you’re entitled to it, if they know you’re leaving they can stiff you at low risk. Possibly a government job will be more by the book though, so maybe you’re ok.
> If I hand it in on December 10th, and effectively quit on January 10th (I got no working days until January 12th anyway), would I still be able to get all my money and gensencho in December and not have to pay any health or nenkin insurances for January?
If you’re still legally employed at all in January then they’ll charge nenkin and health insurance for January. You might be able to negotiate ending your contact on December 31st (because if you’re not going to work any days in January there’s no benefit to them from employing you, and they pay part of your health insurance) but assuming that 1 month rule is valid you can’t force them.
> I read that when leaving Japan, I can file my taxes at the city in December by myself. Is that just for the resident tax, or can I file my tax return for 2023 in December, instead of paying a tax representative to do so in February 2024?
> I read that when leaving Japan, I can file my taxes at the city in December by myself. Is that just for the resident tax, or can I file my tax return for 2023 in December, instead of paying a tax representative to do so in February 2024?
As far as I know you can’t submit a tax return until February, although you might be exempt from having to submit one. You should have mostly paid this year’s national income tax via withholdings from your salary; however for residence tax you likely still need to pay all of this year’s and half of last year’s, and you won’t even know the amount for this year’s until May. So most likely people were talking about paying the outstanding part of last year’s residence tax.
How much nenkyu do you have? If you have enough you could technically hand your notice the same date you get your bonus, then just use your nenkyu to cover any days which go into January for your notice period.
That way you can cease residency in Japan on or before December 31st,
Edit: just make sure your employer knows the date youÔÇÖve ceasing residency and leaving Japan so they can withhold any non-resident required, especially if your salary is paid the following month
DoesnÔÇÖt OP qualify for 2 weeks notice period regardless of stated contractual minimal length? ÔÇ£ÒüôÒéìÒüºÒÇüÕ░▒µÑ¡ÞªÅÕëçÒüºÒÇîÕè┤ÕâìÞÇàÒü»1Òâµ£êÕëìÒü½ÚÇÇÞüÀÒéÆþö│ÒüùÕç║Òü¬ÒüæÒéîÒü░Òü¬ÒéëÒü¬ÒüäÒÇìÒü¿ÞªÅÕ«ÜÒüòÒéîÒüªÒüäÒéïÕá┤ÕÉêÒü»Òü®ÒüåÒüºÒüùÒéçÒüåÒüïÒÇéõ©ÇÞê¼þÜäÒü½µ░æµ│òÒü«ÞªÅÕ«ÜÒü»õ╗╗µäŵ│òުŴ╝êµ│¿´╝ëÒü¿ÞºúÒüòÒéîÒüªÒüäÒü¥ÒüÖÒü«ÒüºÒÇüÕè┤ÕâìÕÑæþ┤äÒéäÕ░▒µÑ¡ÞªÅÕëçÒü«õ©èÒüºÒÇüµ░æµ│òÒü«ÞªÅÕ«ÜÒü¿þò░Òü¬ÒéïÕ«ÜÒéüÒéÆÒüùÒüƒÕá┤ÕÉêÒü½Òü»ÒÇüÒüØÒü«Õ«ÜÒéüÒüîÕä¬ÕàêÒüòÒéîÒéïÒüôÒü¿Òü½Òü¬ÒéèÒü¥ÒüÖÒÇéÒüñÒü¥ÒéèÒÇüÕÉêþÉåþÜäþÉåþö▒ÒüîÒüéÒéîÒü░þë╣þ┤äÒü½ÒéêÒüúÒüªÒüôÒü«µ£ƒÚûôÒéÆÕ╗ÂÚòÀÒüÖÒéïÒüôÒü¿ÒééÕÅ»Þâ¢ÒüºÒüÖÒüîÒÇüÒüôÒéîÒüîµÑÁþ½»Òü½ÚòÀÒüäÕá┤ÕÉêÒü»ÒÇüÕè┤ÕâìÞÇàÒü«ÚÇÇÞüÀÒü«Þç¬þö▒ÒüîµÑÁÕ║ªÒü½ÕêÂÚÖÉÒüòÒéîÒéïÒüôÒü¿Òü½Òü¬ÒéèÒÇüÕà¼Õ║ÅÞë»õ┐ùÒü«ÞªïÕ£░ÒüïÒéëþäíÕè╣Òü¿ÒüòÒéîÒéïÒüºÒüùÒéçÒüåÒÇéÔÇØ
I would think you can make claims in reference to µ░æµ│ò627.1 even in the above scenario of being in a contracted þë╣þ┤ä situation, hence the two weeks would apply. Especially as youÔÇÖd be leaving the country IÔÇÖd much prefer that routeÔǪ
IÔÇÖve only ever been seishain so not too knowledgeable about contracts, but I would rather deal with them wrt the two week or 4 week debate compared to ÔÇ£I still want my bonus but will leave right after lolÔÇØ when they have 100% of the law on their side to say no! AFAIK itÔÇÖs black and white legally in that the bonus is entirely at their discretion. At least the former has some ambiguity which OP could leverage to maximize their potential outcome. Happy to learn from those with more knowledge on this
Source from: https://jsite.mhlw.go.jp/miyagi-roudoukyoku/library/miyagi-roudoukyoku/window/img/kiso_04.pdf
Edit;
Did some more reading and I would look specifically at the ÒÇîÒéäÒéÇÒéÆÕ¥ùÒü¬ÒüäÞç¬þö▒ÒÇì section here to make my case:
ÔÇ£Õ¢ôõ║ïÞÇàÒüîÚøçþö¿Òü«µ£ƒÚûôÒéÆÕ«ÜÒéüÒüƒÕá┤ÕÉêÒüºÒüéÒüúÒüªÒééÒÇüÒéäÒéÇÒéÆÕ¥ùÒü¬Òüäõ║ïþö▒ÒüîÒüéÒéïÒü¿ÒüìÒü»ÒÇüÕÉäÕ¢ôõ║ïÞÇàÒü»ÒÇüþø┤ÒüíÒü½ÕÑæþ┤äÒü«ÞºúÚÖñÒéÆÒüÖÒéïÒüôÒü¿ÒüîÒüºÒüìÒéïÒÇéÒüôÒü«Õá┤ÕÉêÒü½ÒüèÒüäÒüªÒÇüÒüØÒü«õ║ïþö▒ÒüîÕ¢ôõ║ïÞÇàÒü«õ©Çµû╣Òü«ÚüÄÕñ▒Òü½ÒéêÒüúÒüªþöƒÒüÿÒüƒÒééÒü«ÒüºÒüéÒéïÒü¿ÒüìÒü»ÒÇüþø©µëïµû╣Òü½Õ»¥ÒüùÒüªµÉìÕ«│Þ│áÕäƒÒü«Þ▓¼õ╗╗ÒéÆÞ▓áÒüåÒÇéÔÇØ
Especially since there is no legal statement as what sort
Of situation qualifies just my thoughts. Not saying whats right or wrong, but this would be my approach in this situation.
Wait so if I leave Japan in February 2024 I need to pay residence tax in one sum for that year? I only started working in 2023 April so Im not paying residence tax yet I dont know how it works. (I am also planning on leaving Japan around Feb-March) Could someone enlighten me? Thanks.
>Do I have to worry about the bonus if I hand in my resignation on November 30th
It depends on your contract/rules of employment. Both answers (no risk to your bonus and huge risk to your bonus) are possible, depending on your contract/rules of employment.
>If I hand it in on December 10th, and effectively quit on January 10th (I got no working days until January 12th anyway), would I still be able to get all my money and gensencho in December
Your employer is required to pay your last paycheck within 7 days of your last day of employment, and they are required to issue your withholding summary within one month of your last day (or January 31, whichever comes first).
If you officially stop being employed on January 10, you will need to be paid your last paycheck by January 17, you will need to receive your 2023 withholding summary by January 31, and you will need to receive your 2024 withholding summary by February 10.
> health or nenkin insurances for January?
As noted elsewhere, unless you are employed (if enrolled in shakai hoken) or living in Japan (if enrolled in NHI/national pension) on January 31, you won’t owe health/pension premiums for January.
>when leaving Japan, I can file my taxes at the city in December by myself. Is that just for the resident tax, or can I file my tax return for 2023 in December, instead of paying a tax representative to do so in February 2024?
You shouldn’t need to file a tax return to your municipality. The only tax return you would need to file is an income tax return. You can file your 2023 income tax return “early” (i.e., before the end of the year) if you are leaving Japan. But only if you have all the documents you need to file the return, of course, such as your 2023 withholding summary.
Note that most employees don’t need to file an income tax return when they are leaving Japan, because they tell their employer they are leaving Japan and their employer does a year-end adjustment for them together with their last paycheck.
Employers must do year-end adjustments “early” (before the end of the year) if their employee says they are leaving Japan. So if you can get your employer to do a year-end adjustment, you can avoid the need to file an income tax return for 2023 (assuming you have no other income, etc.).
The only thing you may have to do at your municipal office (aside from filing a moving-out notice) is arrange to pay the remaining residence tax due on your 2022 income. Though if you were paying your 2022 residence tax via your employer, you should also be able to ask your employer to subtract the outstanding amount from your final paycheck, instead of having to sort it out with your municipality directly.