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No Pension Deduction from my paycheck..Is this legal?

 
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fortunado30



Joined: 07 Jul 2007
Location: Seoul, KR

PostPosted: Sun Mar 16, 2008 6:04 am    Post subject: No Pension Deduction from my paycheck..Is this legal? Reply with quote

I just started my 2nd year teaching and I found out my new school does not take out the 4.5% deduction for the National Pension Scheme. From what I read on Galbijim's website, all employers in Korea are required to take the 4.5% deduction from your monthly pay, match the deduction, and put it in a fund that is refunded to you at the end of your contract. I want to be sure that this is a REQUIREMENT by law and not something that the employer volunteers to do. A friend of mine told me that if it is not stated in the contract then they employer doesn't have to do it. That's not correct, right? I definitely want to bring this up to my boss because that's a lot of $$$ or shall I say WWW to be cheated out of. Please give me some feedback.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Sun Mar 16, 2008 6:12 am    Post subject: Reply with quote

It's the law and it's mandatory unless they pay into a private pension scheme. I've read some rumors that places can still opt out of it by calling you an "independent contractor," but as an E-2 VISA holder (assumption here), you are a full-time employee and they can't deny it whether it's in the contract or not.

KPRROK
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Mar 16, 2008 9:34 am    Post subject: Re: No Pension Deduction from my paycheck..Is this legal? Reply with quote

fortunado30 wrote:
I just started my 2nd year teaching and I found out my new school does not take out the 4.5% deduction for the National Pension Scheme. From what I read on Galbijim's website, all employers in Korea are required to take the 4.5% deduction from your monthly pay, match the deduction, and put it in a fund that is refunded to you at the end of your contract. I want to be sure that this is a REQUIREMENT by law and not something that the employer volunteers to do. A friend of mine told me that if it is not stated in the contract then they employer doesn't have to do it. That's not correct, right? I definitely want to bring this up to my boss because that's a lot of $$$ or shall I say WWW to be cheated out of. Please give me some feedback.


You are getting screwed and your employer is breaking the law (assuming you are here on a work visa - E1, E2, E7, etc).

http://www.nps.or.kr/
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bondjimbond



Joined: 29 Dec 2007
Location: Seoul

PostPosted: Sun Mar 16, 2008 6:48 pm    Post subject: Reply with quote

The question is... (1) how do you find out about and change your "independent contractor" status, and then (2) how do you fight to get these things back?

I'm considering a fight for my pension and severance, but I'd like to know whether it's worthwhile.
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nomad-ish



Joined: 08 Oct 2007
Location: On the bottom of the food chain

PostPosted: Sun Mar 16, 2008 6:56 pm    Post subject: Reply with quote

bondjimbond wrote:
The question is... (1) how do you find out about and change your "independent contractor" status, and then (2) how do you fight to get these things back?

I'm considering a fight for my pension and severance, but I'd like to know whether it's worthwhile.


to me it's worthwhile... that's at least another $4000 (depending on your contract)

here's a list of the pension offices http://wiki.galbijim.com/National_Pension_Offices
i believe you'll have to go there with your pay stubs and talk to them... i'm not sure though
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Flash Ipanema



Joined: 29 Sep 2006
Location: Seoul

PostPosted: Sun Mar 16, 2008 9:05 pm    Post subject: Reply with quote

I found on the pension website where it says that schools have to enroll teachers in the pension scheme, but not where it says schools have to match the payments. Does anywhere know where that written?
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