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hiddenflask
Joined: 03 Dec 2009
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Posted: Mon Jan 04, 2010 1:30 am Post subject: possible to pay pension after contract? |
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my bosses never offered me pension and i'm in my last 2 months of the contract. i feel at this point that if i were to go straight to the pension office and they found out i did this without telling them then they would fire me. they didn't offer it to me for a reason (cheapness). so my visa is good for a month after my contract ends...so i'm just wondering if i can go after my contract is up to backpay in order to avoid weeks of unpleasant confrontations. any ideas? |
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lost at sea
Joined: 27 Nov 2009
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Posted: Mon Jan 04, 2010 3:24 am Post subject: |
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I think if you head to the pension office you will have to pay 50% of all the pension payments and your employer will also pay their half. It should equal 9% of your total year's salary.
After paying your half and after your employer pays their half, you should be able to get the return.
Am I wrong? I assume this would piss off your (ex) employer though. |
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nobbyken

Joined: 07 Jun 2006 Location: Yongin ^^
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Posted: Mon Jan 04, 2010 8:01 am Post subject: |
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If pension is not in your contract, why would your employer pay 50%?
Is it the law that employers have to pay into a pension? |
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Konglishman

Joined: 14 Sep 2007 Location: Nanjing
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Posted: Mon Jan 04, 2010 8:08 am Post subject: |
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By law, your employer is required to pay into the pension. So, obviously, he is breaking the law. Go talk to someone at the Labor Board about this issue. |
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lhasa
Joined: 26 Jan 2008
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Posted: Mon Jan 04, 2010 8:41 am Post subject: |
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hagwon will say that you're an 'independent contractor' (not an 'employee') and therefore not entitled to NHIC or NPP.
some say that technically an E2 visa holder can't be an 'ir' but nobody in korea cares. i've spoken to NTS about it and they had no problem with schools declaring e2 holders as non-employees.
i've also dealt with the labor board and found them to be unhelpful....but suppose every office / officer is different.
do what you can....not much to lose in the end apart from a reference....weigh the benefits |
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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Mon Jan 04, 2010 7:22 pm Post subject: |
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You may need them as a reference. If your relationship is sour with them, then maybe try this, but it may not be worth it. You can lose a lot of money just by having to move and get a plane ticket out of the country. Pension is only worth getting in the long run, not these one year "adventures". |
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blackjack

Joined: 04 Jan 2006 Location: anyang
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Posted: Mon Jan 04, 2010 7:30 pm Post subject: Re: possible to pay pension after contract? |
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hiddenflask wrote: |
my bosses never offered me pension and i'm in my last 2 months of the contract. i feel at this point that if i were to go straight to the pension office and they found out i did this without telling them then they would fire me. they didn't offer it to me for a reason (cheapness). so my visa is good for a month after my contract ends...so i'm just wondering if i can go after my contract is up to backpay in order to avoid weeks of unpleasant confrontations. any ideas? |
Also where are you from. If you are a kiwi, it is best just to let it slide as you are not going to get it back anyway |
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hiddenflask
Joined: 03 Dec 2009
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Posted: Mon Jan 04, 2010 11:37 pm Post subject: |
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i'm an american and i want to come back to korea for years to come...so it is important that i get this. it is the law, i'm just wondering if anyone knows for sure whether or not i can go and back pay everything after my contract is up. i'm not staying with this school for obvious reasons and our relationship is very sour. i think i'm at the type of school that will fire me in the last month to avoid severance and plane costs. it is disheartening to hear that the board doesn't care...i guess i will just have to see about it.
a co-worker called the pension office today and they told her that the bosses themselves have to start the pension and that we have no control over it and are not allowed to back pay if our boss doesn't want us to. does this sound right or is this just another example of people defending the system over the individual? |
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OculisOrbis

Joined: 17 Jul 2006
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Posted: Tue Jan 05, 2010 1:19 am Post subject: |
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you have lots of time to get back pension from scamming employers. i think its up to 3 years to file claim at pension, but you likely have to pay your share first before they will pursue your former employer. |
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lhasa
Joined: 26 Jan 2008
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Posted: Tue Jan 05, 2010 4:29 am Post subject: |
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NHIC and NPP are more or less connected. if you have been paying for nhic (have the little booklet) then you shouldn't have a problem claiming npp is owed to you once you pay your contribution. if you're not registered with nhic, and have been going through some sort of private health insurance, then you have a much more difficult situation. |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Tue Jan 05, 2010 7:18 pm Post subject: |
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hiddenflask wrote: |
a co-worker called the pension office today and they told her that the bosses themselves have to start the pension and that we have no control over it and are not allowed to back pay if our boss doesn't want us to. does this sound right or is this just another example of people defending the system over the individual? |
Either they misunderstood and were talking about some kind of private pension or this is an example of someone working at the local pension office who couldn't be bothered to check the laws and just made up stuff. |
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conbon78
Joined: 05 Jun 2008
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Posted: Tue Jan 05, 2010 10:48 pm Post subject: pension |
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Well I had the same problem. i didn't realize that my employer had to pay into it and wasn't. He had told them that we were part-time, but according to my contract I was full-time. So I filed a petition with the labor board and they went after him for his portion and my portion of the pension. Worked in my favor. He paid right away otherwise he could go to jail. Then he was supposed to collect from me, but I wouldn't pay because he didn't give me my plane ticket. I did all this after my contract ended. |
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Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
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Posted: Wed Jan 06, 2010 3:13 am Post subject: |
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Konglishman wrote: |
By law, your employer is required to pay into the pension. So, obviously, he is breaking the law. Go talk to someone at the Labor Board about this issue. |
Why would he go to the Labor Board when it is not a Labor issue? He needs to go to the Pension Office.
In answer to the OP, yes, you can backpay your premiums and force the boss to backpay his. I did this with my previous uni AFTER I had already left their employ. I simply went to the main Pension office in Jamsil and filed a complaint. They confirmed (1) that I pay into NHIC and (2) my school did not have a private pension system, and they called up the uni, yelled at them, and forced them to pay.
1) you will have to pay your premiums to the school first
2) a Pension caseworker will then go to the school and get BOTH your contributions AND your boss' contribution
3) then the school gets fined for breaking the law (mine got 5mill in fines for each teacher they screwed) |
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Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
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Posted: Wed Jan 06, 2010 3:15 am Post subject: |
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TheUrbanMyth wrote: |
or this is an example of someone working at the local pension office who couldn't be bothered to check the laws and just made up stuff. |
Never deal with the local labor or pension boards. Always go to the main offices. You'll be receiving more accurate info from them and eating fewer crap sandwiches that the local offices like serving. |
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