Hello,
I’m in somewhat a peculiar situation.
I am a foreigner PR in Japan. I started a small company several years ago with two Japanese partners and I was the CEO at the time for the first year. Due to various personal and family reasons, I had to move to a different city while the company kept going on.
Also most of the official stuff was handled by the Japanese partners and accountants so I’m actually not too knowledgeable about the exact laws so I’m asking on here.
I was working remotely but my role became less and less feasible from afar and it was decided that I cede the CEO spot to another partner and change to an executive.
Basically speaking I was getting a small monthly salary 役員補償 and my Shakaihoken covered. But now the company is needing to make some cuts and the partners have decided that I should exit the company formally. I’m not here to explain why so please don’t ask.
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My question is regarding 失業保険. As a company executive 役員 I believe I’m not eligible to unemployment insurance, correct? Despite my 社会保険 being paid?
Just want to confirm some details before I go to Hello Work.
Thank you if you’re able to provide an insightful answer. Not here to read snarky remarks as this is a serious situation for me.
5 comments
You really should just consult Hello Work. It’s case by case, especially if you’ve operated a business.
What is written into the partnership agreement? I’m a partner in an international trading company. If the Japanese partners ever decided that they wanted to get rid of me they would have to buy me out, they can’t just fire me or stop paying me.
Are you entitled to a payout if you leave or they force you out? If not, maybe negotiate a settlement with them based on what you invested into the partnership in the beginning so that you can have something to tide you over until you get unemployment insurance or find another source of income.
Maybe r/japanfinance can also help
I think you can be eligible. But I think the first question will be have you been paying 解雇保険?
I think the calculation of any payment will be driven by your income limited to 50-80% with some daily caps based on age. Then paid for a period derived by things like how long you worked since last making a claim and your age.
So not sure what you are expecting. The advice to negotiate a settlement seems more logical.
I think the reason people think execs are default excluded if they are compensated differently…
Your understanding is correct. 役員 are not eligible for 失業保険 as they are not considered to be workers. However, there are certain cases where a 役員 is also considered to be a worker and would be eligible for 雇用保険. These need to be registered by the company in advance.
Also note that 社会保険 has no impact on whether 失業保険 will be paid. In your payment slips, look to see if 雇用保険 is paid for.