View previous topic :: View next topic |
Author |
Message |
afsjesse

Joined: 23 Sep 2007 Location: Kickin' it in 'Kato town.
|
Posted: Tue Aug 19, 2008 12:54 am Post subject: Is this legal? |
|
|
So I found out my director has not paid into my pension, at all. I confronted him about it and he said he talked to NPS and they said he could just give me the money at the end of my contract. This smells like a rotten sardine if I've ever smelled one.
He claims he'll give me his portion with my severence in October.
The good news is that I'm staying a second year so either way I could pursue it with NPS if he doesn't. He claims it's easier this way so he doesn't have to make monthly payments.
Any thoughts? |
|
Back to top |
|
 |
CentralCali
Joined: 17 May 2007
|
Posted: Tue Aug 19, 2008 1:07 am Post subject: Re: Is this legal? |
|
|
afsjesse wrote: |
So I found out my director has not paid into my pension, at all. |
He's cheating you, especially if he's been taking the pension deduction. My worthless hagweon boss in 2005 tried to pull the "The contract doesn't say we'll actually turn the money over to the pension fund so we're just holding it for you" stunt. They sprung that line on my coworker and me at the very end of our contracts. Don't buy it for a minute.
You should probably also check with the National Health Insurance and the Tax Office to verify you're covered by insurance and that your taxes are correct (i.e., you are not reported as "business person" or "independent contractor).
Quote: |
I confronted him about it and he said he talked to NPS |
He never called them. Whenever a boss in this country tells you they've called a particular government agency, ask and be firm about it, "To whom did you speak? What is their name and their position?"
Quote: |
and they said he could just give me the money at the end of my contract. |
They did not tell him that. Actually, they told him nothing because he never called. Your boss is a liar and a thief.
Quote: |
This smells like a rotten sardine if I've ever smelled one.
He claims he'll give me his portion with my severence in October. |
I wouldn't count on getting the severance from him if he's cheating you on the pension.
Quote: |
The good news is that I'm staying a second year so either way I could pursue it with NPS if he doesn't. He claims it's easier this way so he doesn't have to make monthly payments. |
Of course it's easier this way. He's not making the payments and he's not going to make the payments until the NPS forces him to. And when they do, they'll fine him and he just might fire you since he won't be happy with the hefty fine.
Why are you sticking with that thief? |
|
Back to top |
|
 |
moosehead

Joined: 05 May 2007
|
Posted: Tue Aug 19, 2008 1:38 am Post subject: |
|
|
yeah, I'm with Centralcali -
he's either lying about calling them or lying about what they said
he's already lied as far as not having taken it out earlier
so why would/should you believe that now he's telling you the truth?
I would even bet he's expecting you to know he's lying just that you won't say anything because you're a good employee and respect his authority  |
|
Back to top |
|
 |
CentralCali
Joined: 17 May 2007
|
Posted: Tue Aug 19, 2008 2:13 am Post subject: |
|
|
And don't forget the "ultimate defense" when you threaten to take him to the Labor Board or to court:
Quote: |
I am Korean. You will lose. |
Dead serious. That's exactly what the owner of SKYZen Language Institute in Incheon told the Canadian teacher when he told them he was taking them to the Labor Board.
Luckily, the hag was wrong. He didn't lose but it sure took a long time--almost three months--to get her to cough up what she owed, and only most of it, not all of it. The other things that forced her were that I'd already told her I would file my case after his was settled, and the Chinese teacher told her she'd file her case after mine was settled, and also that I had documentation that I'd been threatened by them. Yeah, sometimes it turns out well here, but don't always expect that.
Quote: |
I would even bet he's expecting you to know he's lying just that you won't say anything because you're a good employee and respect his authority |
A Korean friend got a job with one of the CDI outfits here in Busan last year. The boss told her straight up that he wasn't going to bother with following certain provisions of the Labor Law. When she asked about holidays, overtime, etc., he told her his plan but only after the infamous frown and sucking air through the teeth routine. Of course, that was followed with "It's very important that we provide this service to our customers so it's necessary that you agree to follow my rules and not worry about the law." |
|
Back to top |
|
 |
afsjesse

Joined: 23 Sep 2007 Location: Kickin' it in 'Kato town.
|
Posted: Tue Aug 19, 2008 2:34 am Post subject: |
|
|
Here's the deal. I'm almost finished with my contract so thats why im sticking around. I have 51 more days. Second, my boss has not been deducting anything from my pay except for taxes. I checkes with NHIC today and he IS paying it.
He is also saving up all of my bills and claims he will deduct them from my final pay and severence and pension to whatever it amounts to and give me the rest. He say's we will do this 3 weeks in advance.... The kicker is that he's not going to get one dime from me if he doesn't give me the pension etc.... if he hands me a bill and says forget about pension etc.... give me this money. I'll just walk out the door. |
|
Back to top |
|
 |
CentralCali
Joined: 17 May 2007
|
Posted: Tue Aug 19, 2008 3:11 am Post subject: |
|
|
You're getting screwed and screwed hard, friend.
Bills:
- Many other posters on this and another board have suggested this and I really believe it's a wonderful idea: Get the bills changed into your name when you move into the place.
- This way the boss can't pull the "I had to pay his unpaid bills" stunt. My worthless hagweon boss tried that but I had the receipts from where I paid!
- When you move out, notify all the people who've been sending bills. In other words, cancel all the accounts.
Health Insurance:
- The boss is paying the national health and not deducting from your check? He'll no doubt add that to the list of deductions from your final pay.
Pension:
- Ensure you have what you should've been paying saved up so you can contribute that to the Pension Office when you take your claim against your boss to them.
- Some (many?) offices require the employee to turn the back pay over to the employer who will then submit the employee and employer payments to the Pension Office.
- Also ensure your boss reports your salary correctly to the Pension Office. No sense on him trying that stunt SKYZen pulled: reporting the salary as half its actual rate and then declaring the employee's payment was both the employee's and employer's portions.
Taxes:
- Check with the Tax Office to ensure your boss has been reporting your salary correctly to them.
Timing:
- Wait until you're into your twelfth month working for that boss before making waves. That way if he fires you for that, you'll win handily at the Labor Board for the "twelfth-month firing."
|
|
Back to top |
|
 |
Whirlwind
Joined: 03 Jun 2005
|
Posted: Tue Aug 19, 2008 7:27 am Post subject: |
|
|
Are you actually going to stay a 2nd year at his school? Korean hagwon owners are pond scum and I can't imagine staying at a place that I know is screwing me and will continue screwing me into my next contract. Throw in how much harder it is to get people to come to Korean(thanks to the e-2 regulation changes) and I would definitely wonder why you are throwing this guy a bone. I can imagine that you'll need a huge vat of vaseline in dealing with this guy for another year. |
|
Back to top |
|
 |
afsjesse

Joined: 23 Sep 2007 Location: Kickin' it in 'Kato town.
|
Posted: Tue Aug 19, 2008 4:26 pm Post subject: |
|
|
I'm going into EPIK. No way would I stay at this place! :@ |
|
Back to top |
|
 |
TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
|
Posted: Tue Aug 19, 2008 6:42 pm Post subject: |
|
|
afsjesse wrote: |
Here's the deal. I'm almost finished with my contract so thats why im sticking around. I have 51 more days. Second, my boss has not been deducting anything from my pay except for taxes. I checkes with NHIC today and he IS paying it.
He is also saving up all of my bills and claims he will deduct them from my final pay and severence and pension to whatever it amounts to and give me the rest. He say's we will do this 3 weeks in advance.... The kicker is that he's not going to get one dime from me if he doesn't give me the pension etc.... if he hands me a bill and says forget about pension etc.... give me this money. I'll just walk out the door. |
Actually the kicker is, he'll just deduct it from your final pay BEFORE he hands it over. |
|
Back to top |
|
 |
|