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Employer breach of contract or just another rounded corner?
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nickeb505



Joined: 09 May 2007

PostPosted: Wed Jul 22, 2009 4:15 am    Post subject: Employer breach of contract or just another rounded corner? Reply with quote

Hey guys. I've searched and searched on here and haven't found my answer. During my time in Korea I have faced tons of fun and exciting obstacles. This one I can't seem to figure out on my own. Here it goes.
Okay, I'm 5months into my contract. I don't pay pension or health. She pays me straight cash. Okay, I'm american thus I want my pension money. She is telling me that it won't be paid back double( lie) and that it is to much trouble for me to have to go through when I finish. Her accountant told her this. Second, the health, she's telling me that National Health will be over 150,000 a month, so we should go with a private company such as AIG. I am the only teacher at my school, so I'm figuring it's expensive for her to pay out and is trying to save some won for herself. In the mean time, I'm wondering what will happen after I finish my contract. If I'm not paying pension now, what will happen when i try to collect for the last 2 years. Also is refusing or withholding an insurance plan for over 5 months a breach in contract. I would really love to get of dodge. I'm already mopping my classroom floors, taking out the school garbage and making sure the blue rags and the pink rags aren't used for the same purpose. someone drop me a line.
did anyone see the eclipse today? i over slept!!!!
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Wed Jul 22, 2009 4:22 am    Post subject: Reply with quote

First off you have to remember that your Health Insurance is linked with your Pension. You sign up for one you have to get the other. Thus that is why I think your school is trying to get you private health insurance.
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polonius



Joined: 05 Jun 2004

PostPosted: Wed Jul 22, 2009 4:29 am    Post subject: Reply with quote

Skippy wrote:
First off you have to remember that your Health Insurance is linked with your Pension. You sign up for one you have to get the other. Thus that is why I think your school is trying to get you private health insurance.


This may not be entirely correct. I know of people who have Health with the NHIP, but do not pay into pension. Maybe there is a loophole that was found.
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nickeb505



Joined: 09 May 2007

PostPosted: Wed Jul 22, 2009 4:38 am    Post subject: Reply with quote

so why would i have to pay 160,000 a month for insurance? that's nearly 4 times what i paid at my last 3 schools?
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nickeb505



Joined: 09 May 2007

PostPosted: Wed Jul 22, 2009 4:40 am    Post subject: Reply with quote

no ? mark. maybe i'm subconsciously questioning myself for working in this country year after year after year after year.........................
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Wed Jul 22, 2009 5:22 am    Post subject: Reply with quote

I think there is a stipulation that if a company has 5 or less employees, they aren't required to pay the pension or health benefits.

If you work for a small hagwan, they may fit into that category.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Jul 22, 2009 5:37 am    Post subject: Reply with quote

There was a time when you could get National Health Ins. without pension and you wouldn't get caught. But, that is no longer possible. They are now linked. If you try you will get caught.

Employers with fewer than 5 employers used to be exempt, but that is no longer true either.

The National Health ins. is a percentage of your pay, so it could be 150,000 won / month, if your salary was high enough. (not likely)

But, your employer would have to pay about 150,000 per month as the employer's share of 1/2 pension and 1/2 health ins. So, this is what your boss is trying to avoid paying by keeping you illegal and off the books.

You do get back both halves of the pension when you leave Korea and it is not difficult to collect. If it's in your contract, you should insist on getting it. If it's not, it's still legally required and you'll have to decide whether to operate in the underground economy illegally with your boss and make a deal for more cash in lieu of legal benefits, or to report your boss and take the heat and your boss's anger.


Last edited by ontheway on Wed Jul 22, 2009 5:39 am; edited 1 time in total
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nickeb505



Joined: 09 May 2007

PostPosted: Wed Jul 22, 2009 5:39 am    Post subject: Reply with quote

d). Tax, pension for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.


6. MEDICAL INSURANCE (건강 보험)
The half of the insurance premium will be paid by the Employee and the other half by the Employer.

stated in my contract. contract or law? which should be followed?
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Jul 22, 2009 5:40 am    Post subject: Reply with quote

nickeb505 wrote:
d). Tax, pension for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.


6. MEDICAL INSURANCE (건강 보험)
The half of the insurance premium will be paid by the Employee and the other half by the Employer.

stated in my contract. contract or law? which should be followed?



In your case, the contract and law are the same. You should follow both.
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nickeb505



Joined: 09 May 2007

PostPosted: Wed Jul 22, 2009 5:46 am    Post subject: Reply with quote

i make 2.7 a month. so if i report my pension, then i must pay for national health acre since they're linked? in that case it would be cheaper to get private health care and not pay pension. the math is confusing me. health - 150,000 each month + pension 100,000 a month doubled. or 40,000 a month for AIG and no pension.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Jul 22, 2009 7:28 am    Post subject: Reply with quote

Pension and National health ins are both calculated as a percentage of your pay. Pension is actually by brackets, so it's not an exact percentage.

Pension is approximately 4.5% per month paid by you and matched by your employer. When you leave Korea you get the entire 9% back, refunded to you.

The national health insurance is about 2.5% per month (I don't know the exact percentage off hand) matched by your employer. Your half of the national health insurance should be about 70,000 won per month, not 150,000.

So, if you pay your health ins (2.5%) and pension (4.5%) and then get the entire pension back when you leave (9.0%), you should come out ahead.

If your boss will increase your pay and make up for what you're losing then you can both win by cooperating in the underground, illegal economy. Your choice.


It's your boss who's saving about 150,000 per month by not paying the employer's share of the pension - 121,500 and 30,000 less for insurance.

You are losing the 121,500 pension your employer should have paid and you are saving only 30,000 on insurance for a net loss of about 90,000 per month. (This assumes the insurance coverages are about the same, but it seems likely that one would be superior to the other.)
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Wed Jul 22, 2009 8:23 am    Post subject: Reply with quote

some waygug-in wrote:
I think there is a stipulation that if a company has 5 or less employees, they aren't required to pay the pension or health benefits.

If you work for a small hagwan, they may fit into that category.
.

with korean employees, yes. e-2 visa holders are required to be enrolled in both. it is never an option no matter what an employer may try to tell you.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Jul 22, 2009 8:33 am    Post subject: Reply with quote

OculisOrbis wrote:
some waygug-in wrote:
I think there is a stipulation that if a company has 5 or less employees, they aren't required to pay the pension or health benefits.

If you work for a small hagwan, they may fit into that category.
.

with korean employees, yes. e-2 visa holders are required to be enrolled in both. it is never an option no matter what an employer may try to tell you.



The 5 employee rule no longer exists for Korean employees or foreigners.

However, independent contractors can still be exempt from paying health and pension and it IS legal for an E2 visa holder to be an independent contractor for tax, pension and health ins. even while qualifying for an E2 visa, if the contract is worded appropriately.
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nickeb505



Joined: 09 May 2007

PostPosted: Wed Jul 22, 2009 9:55 am    Post subject: Reply with quote

thank you thank you. helpful in many ways.
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nickeb505



Joined: 09 May 2007

PostPosted: Wed Jul 22, 2009 9:57 am    Post subject: Reply with quote

okay. so tomorrow. i will be told that i have to pay for back pension and health money. i think in the sum of around 1million for the past 5 months. true or false? that is all.
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