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War Eagle
Joined: 15 Feb 2009
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 Posted: Tue Apr 20, 2010 5:30 pm Post subject: Is pension really mandatory? |
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This topic gets brought up quite a bit i'm sure, but I searched through almost 10 pages of posts last night with no clear answer. So first, who can I call to find out a definate answer?
I signed on for a second year in Korea and have been working for this school (a well-known school near gangnam) for about a month now. I recently went to the hospital, where I first found out I didn't have "national health" coverage, but a private insurer (and when I file a claim it has to go through my school which seems like an invasion of privacy and a whole 'nother situation, but this is about pension). Then, a buddy of mine said something about the fact pension and healthcare are linked.
That's when I started to do research.....
I find out I don't have pension. It's not in my contract. I didn't bother to look, let alone ask, for it, because I assumed it was mandatory. I asked my employer for it; she just said, "No."
Ok, in my contract it says employee, not independent contractor.
This is the only real beef I have with the school, but I am not one to enjoy getting screwed over and taking it with a smile. The question is: Am I gettig screwed over? (meaning, are they doing something illegal?) and if I am, against all of my inner angst, should I just shut up because trying to do anything about it will be pointless and only cause me grief?
If you just tell me "It's mandatory", yea I've heard that. Do you have any links to official documentation?
Thanks in advance,
Disgruntled (from the U.S.) |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Apr 20, 2010 5:42 pm Post subject: |
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Would this response from the National Pension Service help?
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Q: Are foreigners compulsorily covered under the NPS?
A: Foreigners who are aged between 18 and 60 and who are residing and working in Korea, regardless of
their nationality, should be covered under the NPS. Foreigners whose countries do not cover Korean
nationals, however, are excluded from the coverage of NPS.(Article 102.1 of the National Pension Act)
Despite the above provisions, if there are relevant provisions under the Social Security Agreement between Korea and any foreign countries, those provisions will be applied. (Article 102-2 of the National Pension Act) |
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War Eagle
Joined: 15 Feb 2009
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| Posted: Tue Apr 20, 2010 5:53 pm Post subject: |
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| CentralCali wrote: |
Would this response from the National Pension Service help?
| Quote: |
Q: Are foreigners compulsorily covered under the NPS?
A: Foreigners who are aged between 18 and 60 and who are residing and working in Korea, regardless of
their nationality, should be covered under the NPS. Foreigners whose countries do not cover Korean
nationals, however, are excluded from the coverage of NPS.(Article 102.1 of the National Pension Act)
Despite the above provisions, if there are relevant provisions under the Social Security Agreement between Korea and any foreign countries, those provisions will be applied. (Article 102-2 of the National Pension Act) |
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Yup, that about does it. That helped me find the official documents online that I can take to my employeer today. Here's the entire Korean Pension Act for those that want it:
http://siteresources.worldbank.org/EXTPENSIONS/Resources/National_Pension_Act(translated_version_as_of_June_2008).pdf
Thank you CentralCali.
To someone who's been in this same situation: What happened in your case?
Wish me luck |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Tue Apr 20, 2010 6:08 pm Post subject: |
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| War Eagle wrote: |
[q
To someone who's been in this same situation: What happened in your case?
k |
I was able to force a LOR out of my employer in exchange for promising not to say anything to the pension office. Unfortunately for her, she didn't see I had my fingers crossed...  |
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War Eagle
Joined: 15 Feb 2009
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| Posted: Tue Apr 20, 2010 6:20 pm Post subject: |
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| TheUrbanMyth wrote: |
| War Eagle wrote: |
[q
To someone who's been in this same situation: What happened in your case?
k |
I was able to force a LOR out of my employer in exchange for promising not to say anything to the pension office. Unfortunately for her, she didn't see I had my fingers crossed... |
Will a LoR even help me? I've only been at that employer for 1 month, though I am in the 13th month of my visa. Don't I have to have worked there 6 months or something to transfer my visa? |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Apr 20, 2010 7:28 pm Post subject: |
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| War Eagle wrote: |
| Thank you CentralCali. |
Glad I could help.
| Quote: |
| To someone who's been in this same situation: What happened in your case? |
Oh, you'll love this. My worthless hagweon boss ordered her flunky (the manager) to tell the Canadian dude and me, "Well, the contract says we had to deduct for the pension but nowhere does it say we have to actually turn the money over to the pension office. We're just holding it for you."
Yeah, the Pension Office investigator didn't buy that line of thinking either. She whined so much and so well that although she lost her case she didn't have to pay a fine. Personally I think she should do prison time because she was pulling that stunt of deducting the correct amount from our salary and then reporting the salary to the Pension Office as 50% of the actual rate. That meant that she was keeping her required contribution; i.e., stealing money from us.
I don't believe in luck. I wish you well.
If you've only been with the outfit for one month, you may wish to wait until you hit six months or even wait until the end of the contract to force payment. Just be sure to set aside what you know you must contribute and don't spend it. That way you'll have it ready when the Pension Office slams her.
Personally, I'd be more worried about the health insurance: is it up to the national health coverage standards and can you be sure they'll pay? Back in 2008 I spent about a month in the hospital. Since I'm on the national health, I wasn't worried about it at all. |
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sesyeux
Joined: 20 Jul 2009
Location: king 'arrys
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| Posted: Wed Apr 21, 2010 1:02 am Post subject: |
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just about to accept my first job. no pension is written in the contract.
not gonna ask for it - as someone from the UK i don't see the benefit in harrassing the school to get it written in when;
a] it takes some of my pay each month
and b] i don't get it back in a lump sum |
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petitshallot
Joined: 25 Jan 2010
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| Posted: Wed Apr 21, 2010 4:45 am Post subject: |
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| i was wondering if people from the UK are exempt from paying pension contributions - i had my first pay cheque last month, before my health card was issued, maybe that was why they didnt take a pension contribution of the two are linked? the other two employees are american and so don't know ... |
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the ireland
Joined: 11 May 2008
Location: korea
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| Posted: Wed Apr 21, 2010 5:26 am Post subject: |
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| petitshallot wrote: |
| i was wondering if people from the UK are exempt from paying pension contributions |
no, they are not exempt. out of the countires eligible for E2 visas, only south africa is exempt. Britain makes koreans pay in their system so the favour is returned when you are employed over here.
You can not get it back in a lump sum but you can have it transferred over to your british pension. |
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