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asams

Joined: 17 Nov 2008
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Posted: Sat Feb 07, 2009 9:29 am Post subject: Quick question about Pension |
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so I just have a quick question about pension
the school I used to work for, and a friend still works for, told us when we started that the owner would just pay our part of the pension as well as his and just collect the entire amount back when we leave. Supposedly it wouldn't come out of our paychecks, he would just pay twice as much, covering the amount we should pay and then he would just get the money at the end. this doesn't seem legal. is it? i only worked there a month so I know I probably won't see it and it's not enought to worry about, but I'm afraid my friend is gonna get screwed. can anyone answer clear this up a little? |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sat Feb 07, 2009 10:26 am Post subject: |
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OP. Your post is not clear on one point:
The owner did not charge you for pension. He claimed he paid in both shares, both the employee's 4.5% and the employer's 4.5% (a lie I'd wager). Then he claimed he'd get back the full amount at the end (not legal and not possible).
The part that is not clear, did he pay you for his 4.5% at the end? It sounds like he withheld nothing from you and your friend and you got nothing back.
A few more questions:
Were you covered by the National Health Insurance plan? (I'd guess NO. Maybe some alternative plan.)
What was your monthly income tax withholding?
Here's my guess about your employer.
He wanted to keep you off the books. This would keep more of his business in the underground economy. So, he didn't pay any taxes, health insurance or pension for you or your friend. He may have covered you with some other health plan, just not the one legally required. If he deducted income taxes from you, he kept them for himself. He didn't steal your share of the pension money, but he didn't pay in his share and kept it for himself. Ultimately, this 4.5% of the pension tax paid by the employer, in addition to the 4.5% paid by the employee, is refundable to most E2 English teachers.
The primary benefit of such employer cheating is not what teachers on Dave's think it is. Your employer's real savings would come not from the little bit of tax and pension he skimmed off his workers. It's that his whole business would look smaller and it would greatly reduce his own personal income tax liability. That's where his big benefit would come from cheating. What he got from the workers would just be an added bonus.
Sounds like he cheated you and is cheating your friend and probably he is cheating the Korean government and breaking the law. |
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asams

Joined: 17 Nov 2008
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Posted: Sat Feb 07, 2009 10:33 am Post subject: |
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i only worked there a month. supposedly he was going to pay 9%, the 4.5 for us and the 4.5 from the business side. your answer was exactly what i thought. i'm going to tell my friend to be wary. since i was only there a month it's no biggie to me but my friend plans on staying there so he should definitely know about this |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sat Feb 07, 2009 10:39 am Post subject: |
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asams wrote: |
i only worked there a month. supposedly he was going to pay 9%, the 4.5 for us and the 4.5 from the business side. your answer was exactly what i thought. i'm going to tell my friend to be wary. since i was only there a month it's no biggie to me but my friend plans on staying there so he should definitely know about this |
There would be nothing wrong with your employer paying all of your pension (or all of your health insurance) instead of just half. The only question would be, did he actually pay it in to the National Pension Office so you can get it back at the end.
Your friend should check with the Pension office to make sure it is being paid. It has to be paid in monthly after the first or second month. So, if your friend has been there 3 months or more, there should be some funds contributed to his pension account.
By the way. You cannot be signed up for pension or health insurance until you get your Alien Registration Card. Did you get your ARC? Did your friend get his ARC? |
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asams

Joined: 17 Nov 2008
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Posted: Sat Feb 07, 2009 11:04 am Post subject: |
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we both got ours. supposedly the owner was going to pay the total amount then just get the money back for himself at the end. i thought this sounded shady, my coworker didn't. that school has plenty other problems
i'm gonna get on the phone with him asap and try to get him out of there |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Sat Feb 07, 2009 11:06 am Post subject: |
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Bottom line (if you are from a country that makes you elligible for lump sum benefits) is your employer just ripped you off for 4.5% of your salary. You do the math. |
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asams

Joined: 17 Nov 2008
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Posted: Sat Feb 07, 2009 11:14 am Post subject: |
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idk, is America one of those countries? |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sat Feb 07, 2009 11:38 am Post subject: |
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asams wrote: |
idk, is America one of those countries? |
Yes. Americans and Canadians are entitled to a full refund of all pension payments, the whole 9%, both the employee's and the employer's share, when they leave Korea.
You were probably cheated on taxes as well, if you paid more than 2%. See the NTS website for correct withholding.
There could be more cheating at the end of the contract.
You were smart to get out. |
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asams

Joined: 17 Nov 2008
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Posted: Tue Feb 10, 2009 10:08 pm Post subject: |
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you say taxes are only supposed to be 2%? I thought they were 3.3% |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Wed Feb 11, 2009 6:47 am Post subject: |
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asams wrote: |
you say taxes are only supposed to be 2%? I thought they were 3.3% |
Your taxes are supposed to be according to the Korean Tax withholding table. You can find it on the NTS site. Just punch in your pay level in thousands. Here is a link. Check it:
http://www.nts.go.kr/eng/help/help_52.asp?top_code=H001&sub_code=HS05&ssub_code=HSE2
Look up your correct withholding and show your boss. |
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asams

Joined: 17 Nov 2008
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Posted: Thu Feb 12, 2009 6:08 am Post subject: |
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thank you ontheway
you are a scholar and a gentleman. I know where to run to for help. |
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kaosjin
Joined: 06 Sep 2007
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Posted: Thu Feb 12, 2009 1:29 pm Post subject: |
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It is nice to see some good people on this site giving sound advice. Good job ontheway. |
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