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big_fella1
Joined: 08 Dec 2005
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 Posted: Sun Oct 11, 2009 2:56 pm Post subject: Independent Contractors and Part timers |
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I have done a lot of research in English but I cannot find information on what an independent contractor is.
I am of the view that if you have a 1 year contract with regular working hours that average at least 15 hours per week you are an employee.
This is significant because "The Employee Retirement Benefit Security Act" or severance is payable:
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Article 4 (Establishment of Retirement Benefit Scheme)
(1) An employer shall set up one or more retirement benefit schemes in order to pay benefits to workers who retire : Provided that this shall not apply to workers whose consecutive service period is less than one year and workers whose average weekly working hours over a four-week period is less than 15 hours. |
Now some Hagwons try to argue that if your not working 40 hours a week you are part time and not subject to the same benefits as full time employees. However Korea passed "The Act on the Protection, etc. of Fixed-term and Part-time Employees" which states its illegal to discriminate between full time and part time workers.
These acts and the Labour Standards Act are available here:
http://www.molab.go.kr/english/Legislation/Legislation.jsp?grp=1&l_title=Labor%20Standards
Now the National Pension Act also makes interesting reading.
Article 19 provides that a workplace has 1 or more workers.
Article 126 states foreign workers (except South Africans in ESL) must have Pension coverage.
You can read this here: http://www.nps.or.kr/jsppage/english/act/act_01.jsp
My question is: Should this issue be raised now?
The economy isn't good, and there are a lot of teachers available at the moment.
The new Prime Minister wants to crackdown on Hagwons, the two easiest ways to do this would be through a tax crackdown, or enforcing Labour Law. The end result of this could be less jobs.
What are your thoughts? |
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I-am-me
Joined: 21 Feb 2006
Location: Hermit Kingdom
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| Posted: Sun Oct 11, 2009 11:30 pm Post subject: |
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| Are you on a visa and what type? |
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big_fella1
Joined: 08 Dec 2005
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| Posted: Sun Oct 11, 2009 11:48 pm Post subject: |
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| I-am-me wrote: |
| Are you on a visa and what type? |
On an F2 visa.
I don't mind doing Inependent Contractor work at the right rate.
I am just concerned about the number of Hagwons pulling this scam as I discovered recently when I contemplated getting a job. Having looked around, I will stick to doing short term intensive gigs. I just can't believe that people take w20,000 an hour jobs with no pension or health insurance whilst being stung 3.3% tax. |
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