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georgewallas
Joined: 26 Nov 2007
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 Posted: Wed Jan 02, 2008 9:05 pm Post subject: Employer refuses to pay into pension fund. What can be done? |
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The pension plan is mandatory, as far as I know.
I am resigning [there's a laundry list of problems with this particular employer e.g. JS Academy in Cheonan Si, .that culminated in this], and I want to make sure that he keeps his end of things. I went to the pension office, and they claim that "it's very difficult" to do anything about it, and that all they can do is "pressure" him, because my contract does not mention pension payment.
Is this true? Are they really this toothless in the pension office? |
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Whistleblower
Joined: 03 Feb 2007
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| Posted: Wed Jan 02, 2008 9:32 pm Post subject: |
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Your employer is legally obliged to provide pension, health insurance and make contributions to pay taxation. This is your right. As you are here in Korea on an E2 Visa your employer MUST pay for the above.
If your employer is unwilling to provide your basic rights, contact the Labor Board in Korea. Not sure of the number but someone on this board can help you.
A couple of things. How long have you been working at the said school? Are they new? How is your working environment? Are they professional? |
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ED209
Joined: 17 Oct 2006
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| Posted: Wed Jan 02, 2008 9:42 pm Post subject: |
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| Go back find someone who knows how to do their job. It might take a bit of time. Labor is 1350 I believe. |
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zizi
Joined: 01 Dec 2007
Location: Korea
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| Posted: Thu Jan 03, 2008 12:10 am Post subject: |
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| Definitely contact labor. Tell the pension office you want an investigator assigned to your case, and keep calling until you get the right person on the phone. Good luck! |
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garykasparov
Joined: 27 May 2007
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| Posted: Thu Jan 03, 2008 1:50 am Post subject: Re: Employer refuses to pay into pension fund. What can be d |
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| georgewallas wrote: |
The pension plan is mandatory, as far as I know.
I am resigning [there's a laundry list of problems with this particular employer e.g. JS Academy in Cheonan Si, .that culminated in this], and I want to make sure that he keeps his end of things. I went to the pension office, and they claim that "it's very difficult" to do anything about it, and that all they can do is "pressure" him, because my contract does not mention pension payment.
Is this true? Are they really this toothless in the pension office? |
Contact the pension office in Jasmil. The folks down there have a reputation for being hardasses. I don't think you'll get far at the labor office if you complain to them about your boss not paying pension. They will listen, advise you, then redirect you to the pension office. < From firsthand experience. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Thu Jan 03, 2008 3:03 am Post subject: Re: Employer refuses to pay into pension fund. What can be d |
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| garykasparov wrote: |
| Contact the pension office in Jasmil. The folks down there have a reputation for being hardasses. |
Absolutely true. File a complaint, they will assign a caseworker to oversee the payment of your contributions (4.5%) to the school, and then the caseworker will slap them around until all the owed pension money (9%) is handed over to the pension office. THEN the school will get fined.
The Jamsil office (Pension HQ) got me a full year of unpaid pension, and three co-workers went and got the same. They went a year after I did and still got the money.
Labor will do nothing. It is not a labor issue. |
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georgewallas
Joined: 26 Nov 2007
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| Posted: Thu Jan 03, 2008 3:22 am Post subject: The Jamsil office |
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| I am in Cheonan Si, does the Jamsil office have jurisdiction in this matter? |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Thu Jan 03, 2008 3:33 am Post subject: Re: The Jamsil office |
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| georgewallas wrote: |
| I am in Cheonan Si, does the Jamsil office have jurisdiction in this matter? |
They are the Main Office for all of Korea. Yes, they have jurisdiction. I filed with their office and I was located three hours south of Seoul. No problems. |
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georgewallas
Joined: 26 Nov 2007
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| Posted: Thu Jan 03, 2008 6:10 am Post subject: Professional |
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| Whistleblower wrote: |
A couple of things. How long have you been working at the said school? Are they new? How is your working environment? Are they professional? |
I am not a newbie, I worked in Thailand for a year, and then here for another, I worked for this particular hokwan for 3 months, and handed my resignation 2 weeks ago. I am the 4th foreign worker over the past 12 months. The place has been in business for 5 years.
The staff is as professional as Korean Hokwan workers get. They know their work, work long hours, and are nice to me and the students but are completely disorganized.
As far as my work environment, a secretaries island is the teachers lounge, the students wear coats in class, and the copier has a code only the owner knows. The class is supervised by video, but also frequently visited by the owner, Lee Sei Woo, who's drunk quite often.
Lee Sei Woo, the owner, has yelled at me on numerous occasions. Aside from forbidding me, seriously, from going to the bathroom or getting supplies during class time, he's now demanded that I arrive 1 hour before the work day begins, which is 2 hours before class time, and that I remain for an hour after the last class ends.
Aside from not paying my pension, health, trying to dodge OT payment because they "are not in the contract [OT, and the cost of the visa run are but he still trying to dodge the first, and tried to deduct the latter]. I think what broke the camels back was Lee Sei Woo's claim that my passport and newly minted ARC should be left in his hands until a "no police record of sexual offenses in Korea" inspection be done. I've done a post on this at the time. |
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mountainous
Joined: 04 Sep 2007
Location: Los Angeles
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| Posted: Thu Jan 03, 2008 6:51 am Post subject: |
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| If you do go to the bathroom, the hakwon can use that as an excuse not to pay salary. I don't know of any remedy for a teacher that gets defrauded by a Korean hakwon. Seems that Korea benefits if they get education for free...and there is always someone to point the finger at besides the Korean. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Thu Jan 03, 2008 5:25 pm Post subject: Re: Employer refuses to pay into pension fund. What can be d |
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| georgewallas wrote: |
| The pension plan is mandatory, as far as I know. |
If you work 80 hours a month, pension is mandatory. Doesn't matter if it's national or private (most unis are on private pension), they must enroll you into one or the other
| mountainous wrote: |
| If you do go to the bathroom, the hakwon can use that as an excuse not to pay salary |
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The_Conservative
Joined: 15 Mar 2007
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| Posted: Thu Jan 03, 2008 6:49 pm Post subject: Re: Professional |
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| georgewallas wrote: |
[Lee Sei Woo, the owner, has yelled at me on numerous occasions. Aside from forbidding me, seriously, from going to the bathroom or getting supplies during class time, he's now demanded that I arrive 1 hour before the work day begins, which is 2 hours before class time, and that I remain for an hour after the last class ends.
I can see his point about going to the bathroom during class time. Go before or after or between classes. As for arriving 2 hours before class time, tell him to take a hike. Same goes for remaining an hour after class ends.
Aside from not paying my pension, health, trying to dodge OT payment because they "are not in the contract [OT, and the cost of the visa run are but he still trying to dodge the first, and tried to deduct the latter]. I think what broke the camels back was Lee Sei Woo's claim that my passport and newly minted ARC should be left in his hands until a "no police record of sexual offenses in Korea" inspection be done. I've done a post on this at the time. |
Tell him that only Immigration and you are allowed to handle the passport. Tell him that your embassy will file charges against him of theft of government property with the local police if he lays a finger on your passport |
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georgewallas
Joined: 26 Nov 2007
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| Posted: Thu Jan 03, 2008 7:03 pm Post subject: passport |
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This in not my first position in Korea, and I was forewarned about it on sites like this.
He returned the passport and the ARC to me, and I in turn have not returned it to him. He actually had the audacity to claim that this is why he did not register me for the national pension.
The previous employee had her passport held hostage until a week after she got her first wages, at which point she did a runner. In hind sight, I was naive to stay and try to reason with him. |
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georgewallas
Joined: 26 Nov 2007
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| Posted: Thu Jan 03, 2008 7:18 pm Post subject: no recourse? I think not |
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| mountainous wrote: |
| If you do go to the bathroom, the hakwon can use that as an excuse not to pay salary. I don't know of any remedy for a teacher that gets defrauded by a Korean hakwon. Seems that Korea benefits if they get education for free...and there is always someone to point the finger at besides the Korean. |
I knew about some recourses before I went to the NPS, The answers I got there; "it's very difficult" and passing the buck onto the labor department [which I need to deal with regards the OT pay, and this in not their jurisdiction[ led me to post. I got some sound advice which I intend to follow [contacting the main office, after I give the NPS officer in Cheonan Si the promised grace of 2 working days [he has the authority to hound him, and then fine him once he pays].
The thing is that the director of JS academy counted on me thinking as you do, and just taking it, and just accept that we are hostages at the hands of a Caligula [lit: little tyrant] like Lee Sei Woo. |
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Greekfreak
Joined: 25 May 2003
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| Posted: Thu Jan 03, 2008 8:29 pm Post subject: |
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| What if you worked less than 80 hours a month? No pension needed? |
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