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Pension (non-payment)

 
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suwonkid



Joined: 31 Aug 2003

PostPosted: Wed Sep 03, 2003 10:05 pm    Post subject: Pension (non-payment) Reply with quote

I have a question regarding my pension. I have been teaching for two years at a hagwon in Korea. I received two letters from the National Pension Fund asking for a detailed account of my earnings. I then proceeded to give the letter to my school and asked what it was all about. After the fact, I realized that the school had not been deducting any pension contributions, nor were they paying into the fund on my behalf. Well I have finished my second contract with this school and am wondering what to do about this pension that is noexistant. When I asked about it, my director told me he couldn't pay for the pension fund. None of the teachers are being deducted this amount. I am a Canadian and apparently will be able to receive the amount when I leave. I plan on returning to Korea so wondering how to go about persuing this....Unfortunately I cannot except the reason my director is giving me. They are running a business and should follow ethical business practices (In my opinion) Any thoughts or advice would be greatly appreciated.
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canuckistan
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Joined: 17 Jun 2003
Location: Training future GS competitors.....

PostPosted: Wed Sep 03, 2003 10:28 pm    Post subject: Reply with quote

Don't be surprised if the pension office tries to get it from YOU retroactively, even though it was the director who screwed up. Welcome to Korea, that's the way it works. You are responsible for a whole load of stuff here that you have to trust Dear Director to do as per the law. Note the instances of teachers being farmed out to other schools unawares that their visa doesn't allow them to be, and they get fined by immigration when "caught" at the 2nd hagwon. Just for obeying the boss.

Just go back to Canada and forget about it. When you come back to Korea, forget about it and hope the pension office forgets about it too. They're not usually that organized anyways.

As a Canadian I always let my school know at the beginning of a contract that will be going to the local Gu office to apply for the pension refund once I'm finished my year. That's also why I tell my director I want a deduction slip on pay day. "Tax stuff with Korea/Canada gov't" I mumble. Any director that gets wigged out about that very normal request is fudging.

In general, let your school know you will be checking their homework on things like this and you can avoid a lot of grief from the get go. Unfortunately in Korea you are on the hook for a lot of stuff that the directors should take care of but don't. Caveat Emptor.


Last edited by canuckistan on Wed Sep 03, 2003 10:41 pm; edited 1 time in total
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suwonkid



Joined: 31 Aug 2003

PostPosted: Wed Sep 03, 2003 10:37 pm    Post subject: So what do I do... Reply with quote

I am basically wondering who to talk to concerning the non-payment. I do really need any comments about being welcomed to Korea I have been here for 2 years and fully know all the stories about directors...yahdidad... If anyone has a knowledge or the same situation applies this might be more helpful than a Dave's esl addict. Thank you
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canuckistan
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Joined: 17 Jun 2003
Location: Training future GS competitors.....

PostPosted: Wed Sep 03, 2003 10:49 pm    Post subject: Reply with quote

Well then if you want to do the right thing and pay two years worth of pension benefits, go to the local Gu Pension office where your school is situated (every area has one) and pay them. They are the ones your pension should go to. And then hopefully you get it right back.
Have to show an airticket out of Korea with passport and bank account number AND your deductions slip from your employer to get it put in your account the day after you leave.
Having a bad day?

Hopefully there are others who can avoid this situation.
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suwonkid



Joined: 31 Aug 2003

PostPosted: Wed Sep 03, 2003 11:22 pm    Post subject: Reply with quote

Yes there is a pension office...but the fact still remains that my employer is in breach of the pension regulations....any idea if I contact them or do I need to go to the Labour Board?
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canuckistan
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Joined: 17 Jun 2003
Location: Training future GS competitors.....

PostPosted: Thu Sep 04, 2003 1:40 am    Post subject: Reply with quote

If you want to lodge a very valid complaint to the Labour board about breach of contract then do so.

If you want to lodge a very valid complaint with the Pension office about both you and your boss's non-payment into the pension fund, then do so.

It does not change the fact that you and your boss will still owe the pension office the money even though he's responsible for not collecting it from you, or paying his half.

If you want the full refund when you leave, you and your boss will both have to pay 2 years worth of pension deductions first.

I suggested you let sleeping dogs lie because you've already got 50% of your "refund" since you were never deducted for pension in the first place.

If you really want the other 50% (your boss's half) and you enjoy Korean bureaucracy, then go for it.
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suwonkid



Joined: 31 Aug 2003

PostPosted: Thu Sep 04, 2003 6:22 am    Post subject: Reply with quote

Again it would be appreciated if any one has first hand experiences rather than futile opinions about this and that....please only respond with insight and no more conjectures please.
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Gord



Joined: 25 Feb 2003

PostPosted: Thu Sep 04, 2003 6:28 am    Post subject: Reply with quote

Call this idea crazy, but why not just talk to the pension people? After all, they are the ones who want to talk to you. They can tell you everything you want to know.

FYI: Prepare to cough up a couple million Won for what you owe for pension. You'll get it back when you leave Korea for good, but they wish to get it in their hands before then.
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BTM



Joined: 20 Jan 2003
Location: Back in the saddle.

PostPosted: Thu Sep 04, 2003 5:12 pm    Post subject: Reply with quote

Quote:
FYI: Prepare to cough up a couple million Won for what you owe for pension. You'll get it back when you leave Korea for good, but they wish to get it in their hands before then.


You should get it back, doubled, in fact, but that depends on if the money can be wrangled out of your boss. "Can't pay" most often means "don't want to pay" in these kinds of situations, though.

What other investment guarantees a 100% return? It's not a matter of doing the right thing so much as doing the smart thing, and gettin' that money!

On the other hand, I'd probably be too lazy to bother. (My wife, on the other other hand, would track down the last shekel!)
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canuckistan
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Joined: 17 Jun 2003
Location: Training future GS competitors.....

PostPosted: Thu Sep 04, 2003 5:53 pm    Post subject: Reply with quote

Somehow, I don't think Suwonkid is very happy to hear that he/she has to pay first, or that the chances of getting the boss's share before leaving Korea is next to nil.

The very reason the pension dept wrote two letters is because they want their money from the Kid.

My work colleague went through this with last year's hagwon.

But that of course is futile conjecture.

You go through all that trouble and pay the gadzillion won, ony to
-get a shock when your Korean bank card won't work in Canada, or
-get a shock when you see the outrageous exchange rate you get charged for withdrawing it back home in Can$= you end up with less money.

All for being squared away at a pension office in a GU you'll probably never live in again.
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waterbaby



Joined: 01 Feb 2003
Location: Baking Gord a Cheescake pie

PostPosted: Fri Sep 05, 2003 3:34 am    Post subject: Reply with quote

Keep it nice please posters!

Suwonkid... this is a discussion board and no matter how hard you try sometimes, even if you are the OP, you just can't control a topic. Confused

Canuckistan - I actually think you posted some pretty useful info and advice here - might not be what Suwonkid wants but other users may benefit.

So, can we not resort to a Suwonkid vs Canuckistan thread that will see this baby locked down?

Thanks & any q's... PM me.
waterbaby
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suwonkid



Joined: 31 Aug 2003

PostPosted: Sat Sep 06, 2003 7:53 am    Post subject: Reply with quote

http://www.eslcafe.com/forums/korea/viewtopic.php?t=9211

When it comes down to it, other peole including all the Korean teachers who slave away are entitled to benefits. I firmly believe that if everyone were to simply run away from confrontation then nothing would ever change. The law is the law no matter what language or nationality.

Quote:
Suwonkid... this is a discussion board and no matter how hard you try sometimes, even if you are the OP, you just can't control a topic.


But you can?
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The Lemon



Joined: 11 Jan 2003

PostPosted: Sat Sep 06, 2003 3:30 pm    Post subject: Reply with quote

Quote:
But you can?


http://www.eslcafe.com//forums/korea/viewtopic.php?t=1821
Quote:
You agree that the webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit.


Quote:
2. If the thread is flamebait, it will be locked or deleted. Individual flamebait may be deleted or edited. Certain users who continue to post flamebait or engage in other questionable practices (such as trolling) may result in more serious sanctions.


So, in short, yes.

And posters who attack well-meaning users that pass on valuable advice, gratis, and then follow them around the board making snide comments in unrelated threads - and all this after only 7 postings - can't help but attract our attention.
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Wed Dec 10, 2003 7:17 am    Post subject: Reply with quote

*bump* I'm in this situation now myself. I'm 10-1/2 months into my contract and I got a letter about 2 weeks ago from the pension board asking me to declare my income and contribute towards my own pension as required by law.

I showed the letter to my boss who said she'd take care of it. Two weeks later, I ask her and she says, "Oh don't worry about it, that letter was just an invitation to participate in the pension system. Foreigners don't have to contribute." Since that letter specifically stated that foreigners are required to contribute, I don't believe her.

It's pretty obvious that she doesn't want to pay her share of my pension. Hell, she doesn't want to pay her share of the photocopy paper and board markers that the school uses.

If the pension board hadn't contacted me first, I'd be willing to let sleeping dogs lie since this contract is almost over. I am planning on staying in Korea next year, and possibly much longer. Since it's the law, I don't want any trouble with the taxman, and since I get all the money back anyway, I want to pay my share, and I want my boss to pay hers.

What are my options here?
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Wed Dec 10, 2003 2:44 pm    Post subject: Reply with quote

Why not contact the Pension board and ask them about the eligibility requirements (I think there must be more than 5 full time employees at your hagwon before it becomes manditory to pay). If your hagwon meets the eligibility requirements then ask what your portion of the payment is, pay it and let them sue your employer for the rest.

If you cover yourself then you'll get the money back when you leave and if your director doesn't take care of this then she'll be sued by National pension for her unpaid portion.

Cheers
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