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Lekker
Joined: 09 Feb 2008
Location: Seoul
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 Posted: Tue Mar 18, 2008 10:12 pm Post subject: My boss is scamming me on my pension. Please help. |
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I went to the NPS office today just to see how much I have accrued in my fifteen months here at this hagwon I am at. I was alarmed at the fact that my boss had claimed to them that I am earning 1.47 per month, which is SIGNIFICANTLY less than what I am actually making. I couldn't believe it.
Me: How can this be possible? I make 2.3 per month. Not 1.47.
NPS: This is not uncommon for business owners to do this. It alleviates taxes on them.
Me: That's wonderful. My contract states that I have 4.5 deducted from my salary, which should be 103,500, and my boss should be paying the same.
NPS: This is not uncommon for hagwon owners to do this. It allows them to pay less in taxes.
Me: I am not happy. This is illegal, isn't it?
NPS: Yes, but a lot of hagwon owners do this.
Me: So I can contact a Nomusa? (Labor Attorney)
NPS: (Eyes widen up all of a sudden) NOMUSA??? Why would you want to call a nomusa?
Me: Because there is a discrepancy with deductions from my pay.
NPS: We can call a nomusa for you and we can communicate with them for you as well if you would like. We can also call your boss for you if you would like.
So.. My boss is paying significantly less into my pension than he should be. I have been here for 15 months. All in all he has saved himself around 500,000 Won.
Advice? What should I do?
A) Walk into his office and show him the printout from the NPS and ask that it be corrected?
B) Wait until a month before I leave, file for my claim and deal with it then?
C) Don't worry. Do nothing at all. It happens all the time here. It's okay!!!
Last edited by Lekker on Wed Mar 19, 2008 2:09 am; edited 1 time in total |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Mar 18, 2008 10:21 pm Post subject: |
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You should speak to someone at the Pension Office who knows what they're doing and is a bit more aggressive. The boss is required to pay into the pension fund a set amount from your contracted salary, as you are.
You probably don't need a lawyer. The Pension Office can contact your boss, enforce payment, and even levy a fine against him. When my boss pulled the same stunt, the Pension Office came down on her like a ton of bricks. Of course, my co-worker and I filed our complaints the day after our contracts were finished!
Oh, and it's not a tax dodge they're pulling--that's a whole 'nother trick! The pension stunt is to report your salary at 1/2 the actual rate, deduct your full contribution from you, and then provide that amount to the Pension Office stating that it's both your contribution and theirs! |
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ED209
Joined: 17 Oct 2006
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| Posted: Tue Mar 18, 2008 10:30 pm Post subject: |
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| Sounds like the NPS fobbed you off. Keep trying. |
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Lekker
Joined: 09 Feb 2008
Location: Seoul
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| Posted: Wed Mar 19, 2008 2:07 am Post subject: |
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| Should I just go to the Labor Board and have them take care of it? I hear they love getting involved in situations like this, especially with hagwons. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Mar 19, 2008 2:15 am Post subject: |
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| Lekker wrote: |
| Should I just go to the Labor Board and have them take care of it? I hear they love getting involved in situations like this, especially with hagwons. |
Labor won't care - not their jurisdiction.
You have to go up the chain at the pension office. Start by filing a formal complaint, then they have to deal with it. |
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Lekker
Joined: 09 Feb 2008
Location: Seoul
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| Posted: Wed Mar 19, 2008 3:12 am Post subject: |
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The NPS rep I talked to today did say that he would call my boss if he wanted me to, but I don't want him to call my boss, embarrass my boss, then have my boss fire me. I have been here way too long to be fired over something like this which is out of my control. I think he should Fucking Pay though.
He then said that in order to avoid any problems, I should wait until a month before I leave, apply for my lump sum refund, then have them deal with it then. Is this wise? Is it just their way of saying "we don't want to get involved?"
And what is up with them saying "Oh this isn't uncommon here. It helps them to pay less in taxes."
He's taking out 4.5% but I'm only getting about half of that back? So he can live it up in Gangnam? What the *beep*?
Why the *beep* are all these Hagwons so fucking sketchy? What is it with Korean Hagwon Owners. I know, I am in Korea, I'm not back in the states, things are different here, but Fucking hell. Come on. I have bent over backwards for this man enough times, and now he is bending me over forwards and ramming it in.
I want him to pay. |
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crusher_of_heads
Joined: 23 Feb 2007
Location: kimbop and kimchi for kimberly!!!!
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| Posted: Wed Mar 19, 2008 5:28 am Post subject: |
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| Never give Koreans an inch-they are children and need to be treated that way. |
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jadarite
Joined: 01 Sep 2007
Location: Andong, Yeongyang, Seoul, now Pyeongtaek
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| Posted: Wed Mar 19, 2008 5:37 am Post subject: |
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So, if the original poster does get fired, they have to leave the country within 2 weeks, right?
How do enforce your contract then? What do people do? |
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BreakfastInBed
Joined: 16 Oct 2007
Location: Gyeonggi do
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| Posted: Wed Mar 19, 2008 5:39 am Post subject: |
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| crusher_of_heads wrote: |
| Never give Koreans an inch-they are children and need to be treated that way. |
My knee-jerk reaction is to say this is a despicable generalization, my actual experience says this is all too true. |
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CentralCali
Joined: 17 May 2007
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| Posted: Wed Mar 19, 2008 5:41 am Post subject: |
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| Lekker wrote: |
The NPS rep I talked to today did say that he would call my boss if he wanted me to, but I don't want him to call my boss, embarrass my boss, then have my boss fire me. I have been here way too long to be fired over something like this which is out of my control. I think he should Fucking Pay though.
He then said that in order to avoid any problems, I should wait until a month before I leave, apply for my lump sum refund, then have them deal with it then. Is this wise? Is it just their way of saying "we don't want to get involved?" |
No, it's actually good advice. You're aware that the money is not making its way to where it's supposed to be going. If the boss is taking out of your salary the correct amount you should be paying, then the Pension Office will slam him at the end of your contract. If he's not taking out the correct amount, be sure to set aside what you should be paying and then, when the Pension Office slams him at the end of your contract, you will have the shortfall you're required to pay ready.
| Quote: |
| And what is up with them saying "Oh this isn't uncommon here. It helps them to pay less in taxes." |
He appears to be saying that it's a common thing for hagweon owners to be dishonest and pay less than what they're legally required into the employees' pension funds.
| Quote: |
| He's taking out 4.5% but I'm only getting about half of that back? So he can live it up in Gangnam? What the *beep*? |
You will get double that back if you pursue it correctly. Contact me via PM and I'll give you the exact run-down (places, names, how to counter threats, etc.) of what my co-worker and I had to go through to get our coin.
| Quote: |
| Why the *beep* are all these Hagwons so fucking sketchy? What is it with Korean Hagwon Owners. I know, I am in Korea, I'm not back in the states, things are different here, but Fucking hell. Come on. I have bent over backwards for this man enough times, and now he is bending me over forwards and ramming it in. |
Because not enough people stick around to force them to pay.
| Quote: |
| I want him to pay. |
Good on you! But do it at the right time and in the right way so you don't have to worry about him pulling some other dishonest stunt on you in retaliation. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Mar 19, 2008 7:12 am Post subject: |
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| jadarite wrote: |
So, if the original poster does get fired, they have to leave the country within 2 weeks, right?
How do enforce your contract then? What do people do? |
File the claim, take the documents to immigration and change from E2 to G1 until the claim is settled. |
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Lekker
Joined: 09 Feb 2008
Location: Seoul
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| Posted: Wed Mar 19, 2008 7:16 am Post subject: |
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What is G-1?
<---Baffled  Perplexed Angry as *beep*  |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Mar 19, 2008 7:19 am Post subject: |
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| Lekker wrote: |
What is G-1?
<---Baffled Perplexed Angry as *beep* |
G-1 Status (Other)
A. The Object of Visa Issuance
This visa is available to foreigners who are not eligible for A-1 status through F-3 and H-1 status, but who desire to stay in Korea over 91 days.
ㅇ An individual who is receiving medical treatment
ㅇ An individual who has filed a legal suit.
* A person who is scheduled to stay no longer than 90 days in Korea for the purpose of the above activity is involved in the category of short-term visitors (C-3).
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Lekker
Joined: 09 Feb 2008
Location: Seoul
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| Posted: Wed Mar 19, 2008 7:21 am Post subject: |
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| How about I take his notebook when nobody is looking and sell it for spare parts at Yongsan? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Mar 19, 2008 7:24 am Post subject: |
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| Lekker wrote: |
| How about I take his notebook when nobody is looking and sell it for spare parts at Yongsan? |
Used notebooks aren't worth the scrap price of plastic at yongsan.
Wait until your 10th month, then file the claim and pick the fight.
If he fires you over it you will also have a claim for illegal termination at the labor board as well (they frown on 11th month firings).
You win, you win, you win.... just be prepared to carry it through to the end. If you leave, he wins because you will default on your claim. |
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