Korean Job Discussion Forums

[Catherine]

My hagwon boss has informed me that he will be taking his half of the pension contributions from my last paycheck at the end of February - to the tune of 1.7 million won (I've been here over 2 years). I am finishing my contract, but I am not leaving Korea.

I am positive they know this is illegal. My question is, what can I do to stop him from doing this?

[Ilsanman]

go to EFL Law...unless you are doing something illegal, he has no legal ground to stand on. Yes it is illegal.

[ulsanchris]

go to the labour board. they will stop this. also contact www.efl-law.com

[bjonothan]

Yeah I had problems with my boss and the labour board said as soon as money wasn't being paid they would be ready to act. If there are no clauses in your contract about that stuff then he can't do it......

[Skippy]

Do you owe money? Is he holding it for bills or taxes to pay when you are gone? Damage to apartment? Are you short a couple of weeks of a year?

Does your boss give a reason.

Also this is your severance or your pension. If it is your pension what is your nationality. If this is a pension. Your boss should have paid money into the pension fund. He may just be trying to get his money back. By law you put in 2.5 percent to 5 percent into pension and if you are canadian or amercian you get the money back.

Once again clear up those issues. Is it severence or pension. And it is bill related? Remeber your boss could be a complete dick and not pay you the severence.

Talk to your boss!

[kylehawkins2000]

Wait a sec, he's taking HIS half off of YOUR check? So....YOU are paying HIS bills? Did your post get worded wrong and he's actually taking YOUR half off of the last cheque?

Under normal circumstances you should have been deducted about 100 000won a month for severence, and your boss should have contributed and equal amount (around 200 000won a month going into your pension plan). This is money that you'll get back if you are a North American.

So, can you clarify a bit? Have you been paying pension monthly? Or has your boss not done it and just realized he F'd up now, and is trying to get the money YOU should have paid over the course of the past year or so?

Either way the boss is probably in the wrong......he's either ripping you off or trying to fix his mistake (got caught evading the pension system perhaps?). Of course you'll have more legal leverage if he's simply trying to rip you off.

[Catherine]

I have worked there for 28 months. I recieved my last severance in November. I won't get severance after 4 months.

I have not done anything to my apartment, I am a model teacher, no complaints from students or parents.

For 28 months, I have paid into the Pension. My boss has contributed his half. He has informed me that he will withhold 1.7million from my last paycheck. His reasoning is that I will receive the lump sum anyway when I return to the USA.

The fact of the matter is, this is illegal. Yet, I feel like I am powerless to stop him. There is a clause in my contract that states that the lump-sum will be returned to me AND him. I didn't know this practice was illegal when I signed. This may be my downfall.

I have told all of my co-workers the situation (some of whom are also long-timers who will be in my position in the coming year) and that I may not work next (and most important) week. They all support me.

I will visit the Pension office and Labor Ministry tomorrow to find answers there. I was just wondering if anyone here had fought this problem and won...

[ulsanchris]

it doesn't matter what the contract says. contracts don't take precedence over law.

[waterbaby]

And you are legally entitled to pro-rata severance for those extra months you've worked since November.

[dominic]

that is like beyond illegal man, how can he think he's gonna get away with that

[J.B. Clamence]

It is illegal for a boss to expect his pension contributions back. However, if it's written in the contract that he should get his share back, that raises some interesting questions. Is it illegal for you to sign half of your pension over to your boss? My initial guess would be "no". But then, would it be considered criminal for him to put something like that in the contract?

You should contact EFL and ask them what your options are. If it weren't in the contract, it would be a no-brainer, but your contract revelation complicates the matter.

[Seoul Skye]

Korean law always supercedes contract law where the two may differ. What your hagwon owner is threatening to do is absolutely illegal and he probably knows it. Draft a letter to the Labor Board and the National Pension Corp. and show it to you boss. Tell him it gets submitted the day he shorts your pay.

[Alex Buffa]

[prairieboy]

Contact the NPC as well as this is dealing with Pension Contributions and the labour board because this would seem to be an unreasonable deduction from your pay.

Cheers and good luck

[ulsanchris]

HOw about an update.