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Last Day Screw Over
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nautilus



Joined: 26 Nov 2005
Location: Je jump, Tu jump, oui jump!

PostPosted: Mon Aug 18, 2008 7:07 am    Post subject: Reply with quote

nomad-ish wrote:
and that's why you never leave right after a contract.


Or if you do, let them know you'll be back in Korea in a month.
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moosehead



Joined: 05 May 2007

PostPosted: Mon Aug 18, 2008 7:30 am    Post subject: Reply with quote

Flash Ipanema wrote:
Good news!

After reading my contract again, I noticed this clause:

"3.5. If the Employee has not worked the regularly scheduled hours due to tardiness and absence, the monthly salary will be calculated using a daily rate or an hourly rate ( Daily rate: Monthly salary divided by 21days. Hourly rate: Daily rate divided by 5)"

I sent an e-mail pointing out the unfairness of calculating sick time so I would lose the most money yet vacation time would be calculated so I would make the least money. They actually agreed and sent the 180,000 to my Korean account (which I left open).

Once I got my visa and returned to Korea I went to the Labor Board about the pension money. To make a long story short, they sided with me and the school paid me last week. Interestingly, they owed 1,123,200 but only paid me 1,085,941. I'm not entirely sure what they deducted (they tried to say I had to pay back-insurance payments) but it's not worth fighting over.




So for the record: sometimes the system does work!


HEY HEY HEY KUDOS TO YOU!!!

I KNOW that felt great - absolutely congratulations!!!

Laughing Laughing
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ds_fan



Joined: 07 Apr 2008

PostPosted: Mon Aug 18, 2008 11:00 pm    Post subject: Reply with quote

honestly, if my school screwed me out of 2million won on the evening before i left to go home, i would get them back, phone your replacement, and tell her/her after which inform the school of what you have done. other ways include making sure all resources you have created leave with you etc.
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regicide



Joined: 01 Sep 2006
Location: United States

PostPosted: Mon Aug 18, 2008 11:13 pm    Post subject: Reply with quote

nomad-ish wrote:
and that's why you never leave right after a contract.

OP, that really sucks, but what about your severance?


Indeed, give yourself an extra week!


nautilus wrote:
nomad-ish wrote:
and that's why you never leave right after a contract.


Or if you do, let them know you'll be back in Korea in a month.
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R. S. Refugee



Joined: 29 Sep 2004
Location: Shangra La, ROK

PostPosted: Mon Aug 18, 2008 11:25 pm    Post subject: Reply with quote

Flash Ipanema wrote:
Good news!

Once I got my visa and returned to Korea I went to the Labor Board about the pension money. To make a long story short, they sided with me and the school paid me last week. Interestingly, they owed 1,123,200 but only paid me 1,085,941. I'm not entirely sure what they deducted (they tried to say I had to pay back-insurance payments) but it's not worth fighting over.




So for the record: sometimes the system does work!


Now, that's an uplifting story and an encouragement to us all to try to get the law to work for us. Congratulations.
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Flash Ipanema



Joined: 29 Sep 2006
Location: Seoul

PostPosted: Wed Aug 20, 2008 7:13 pm    Post subject: Reply with quote

nautilus wrote:
nomad-ish wrote:
and that's why you never leave right after a contract.


Or if you do, let them know you'll be back in Korea in a month.


I had been saying for a quite awhile that I was going home for a few months and would be coming back to Korea, but they probably figured it was still worth trying. I would imagine a lot of people say they'll be back but change their mind, or wait awhile and decide not to fight, or get back and decide it's too much of a hassle.

And yes, I have learned not to leave right after your contract ends, tell your school you want to stay at least an extra week. If they arrange your flight home too close to your last day, MAKE them change it.



Also, the school didn't replace me so I couldn't take revenge by telling the incoming teacher. Soon after I left, another teacher walked out because they refused to pay him pension. They backed down after he quit, but was too tired of their BS to give them another chance. I was so proud!
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The DON



Joined: 30 Apr 2008

PostPosted: Sun Aug 24, 2008 3:03 am    Post subject: Reply with quote

If you are Canadian or American, then your school can't screw you for your pension.

I've called the pension office and regardless of whether you are working as an employeee or as an independant contractor, the school is responsible for your pension.

Even if you or your school has not paid a cent into your pension for the entire year, all you need to do is go to the pension office and and show proof that you worked at the school for a year.

Then, you would have to pay your portion of the pension and they will go and collect the school's protion. Then, you are entitled to your full refund.

If you are from another country, then you're out of luck.
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CentralCali



Joined: 17 May 2007

PostPosted: Sun Aug 24, 2008 3:05 am    Post subject: Reply with quote

The DON wrote:
I've called the pension office and regardless of whether you are working as an employeee or as an independant contractor, the school is responsible for your pension.


If you are on an E-2 visa, you are not an independent contractor! Additionally, the courts here have ruled that even if your contract has you listed as an independent contractor but the management/contractor terms of your contract are such that you are in effect an employee, then you are not only in effect an employee, you are in fact an employee!


Last edited by CentralCali on Sun Aug 24, 2008 2:40 pm; edited 1 time in total
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icicle



Joined: 09 Feb 2007
Location: Gyeonggi do Korea

PostPosted: Sun Aug 24, 2008 1:41 pm    Post subject: Reply with quote

The DON wrote:
If you are Canadian or American, then your school can't screw you for your pension.

I've called the pension office and regardless of whether you are working as an employeee or as an independant contractor, the school is responsible for your pension.

Even if you or your school has not paid a cent into your pension for the entire year, all you need to do is go to the pension office and and show proof that you worked at the school for a year.

Then, you would have to pay your portion of the pension and they will go and collect the school's protion. Then, you are entitled to your full refund.

If you are from another country, then you're out of luck.


Why just Canada and the US? Australians has exactly the same rights with regard to pension as Canada and the US.
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