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Pension question
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Mountain Mama



Joined: 20 Feb 2010
Location: South Korea

PostPosted: Tue Jun 15, 2010 11:38 am    Post subject: Pension question Reply with quote

What is the deal with pension? Are employers required to pay into it? What happens if they don't pay into it? Pension isn't mentioned in my contract but I thought that it is necessary by law. My boss said he doesn't want to pay into it, and I think that if i push the matter it's just going to make an unconfortable situation for me for the rest of the year (if i don't get fired for the extra trouble I'd cause). I've just got here, and I know that my rights aren't so much as if i wait a bit longer.

What happens if i don't declare that I have any income? If my employer isn't paying into it, then I don't want to either. I really don't know if I'll get it back or not at the end, and even if it do, if it's only ME paying into it, then i don't gain anything by paying into it and then getting it back. I know a guy who didn't get his pension back when he left Korea, and it would suck to lose that much money when there's nothing really to gain from it.

What can happen if i don't pay it? Will they just force me to back pay the amount I should have paid into the pension plan? If they did that, wouldn't they also force my boss to pay his part as well? If it happened near the end of my year, or after I have more rights then it would be bareable.

Has anyone else been in this situation? What did you do? What was the outcome?
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Ramen



Joined: 15 Apr 2008

PostPosted: Tue Jun 15, 2010 4:13 pm    Post subject: Reply with quote

What!????
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frankhenry



Joined: 13 Mar 2007

PostPosted: Tue Jun 15, 2010 6:15 pm    Post subject: Reply with quote

a babble run-on?
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wormholes101



Joined: 11 Mar 2003

PostPosted: Tue Jun 15, 2010 6:53 pm    Post subject: Reply with quote

lol
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cincynate



Joined: 07 Jul 2009
Location: Jeju-do, South Korea

PostPosted: Tue Jun 15, 2010 9:09 pm    Post subject: Reply with quote

What happens if the sky turns green and rain falls down and then my boss says to me 'go' but I don't go then I do go and turn in circles and then i said 'no way' and he said 'sure' and i kicked him. Does that answer your question? I tried to speak your language based on your post.
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moosehead



Joined: 05 May 2007

PostPosted: Tue Jun 15, 2010 9:11 pm    Post subject: Reply with quote

someone hasn't adjusted to the time change yet Laughing
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Mountain Mama



Joined: 20 Feb 2010
Location: South Korea

PostPosted: Tue Jun 15, 2010 10:02 pm    Post subject: Reply with quote

OK. I'll streamline it.

1. Do employers HAVE to pay pension?
2. If yes, how can I force him to pay it?
3. Can I wait 6 months before reporting him and trying to force him to pay his part of the pension?
4. If I wait (e.g. 6 months), will me and the boss both have to back pay the pension starting from my first month here? Or just me?
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cincynate



Joined: 07 Jul 2009
Location: Jeju-do, South Korea

PostPosted: Tue Jun 15, 2010 10:08 pm    Post subject: Reply with quote

1. Yes, employers are required by labor law to pay 50 % of your pension contribution.
2. First talk to him, and tell him if he refuses to pay, you will be forced to go to the labor board.
3. Yes, you can do that, but why would you want to take that chance?

Good luck

Labor Board Website:
http://english.molab.go.kr/english/
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Ramen



Joined: 15 Apr 2008

PostPosted: Tue Jun 15, 2010 10:18 pm    Post subject: Reply with quote

cincynate wrote:
1. Yes, employers are required by labor law to pay 50 % of your pension contribution.
2. First talk to him, and tell him if he refuses to pay, you will be forced to go to the labor board.
3. Yes, you can do that, but why would you want to take that chance?

Good luck

Labor Board Website:
http://english.molab.go.kr/english/


you don't have to go to the labor board. you can go straight to pension office and file your claim and pay your share of the pension. they'll just go after your boss for the other half. Razz
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NYC_Gal



Joined: 08 Dec 2009

PostPosted: Tue Jun 15, 2010 10:20 pm    Post subject: Reply with quote

If you're from one of the countries whose citizens get the pension back at the end of your time in Korea, DEMAND it. If not, meh. Make sure he pays for 50% of your health insurance, though.
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hari seldon



Joined: 05 Dec 2004
Location: Incheon

PostPosted: Wed Jun 16, 2010 2:34 am    Post subject: Reply with quote

The moral of the story is never sign a contract that doesn't spell out:

1. You're an employee (and not a contractor.)
2. You're entitled to the national health insurance plan.
3. You're entitled to the national pension plan.
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Mountain Mama



Joined: 20 Feb 2010
Location: South Korea

PostPosted: Fri Jun 25, 2010 8:29 am    Post subject: Reply with quote

I talked to the boss about the pension issue. I could see that he was getting upset about it and he was stressing that he felt that he's not obliged to pay it because it's not in the contract.

I don't think it's a good idea to press the matter because I'm sure that if i stress him out over it, he'll just snap. He seems to easily go from cheerful to pissed off - at anyone really. I know that I could force him to pay the pension right now, but the rest of the year here will probably be really miserable. That's if he doesn't fire me before then.

What really are my rights at this moment? From what I heard, there's not really much stopping the boss from firing me on a moments notice before i hit the 6 month mark and then making me pay back the airfare. That's why i figure it's better to wait before forcing the pension issue on him. Then if he wants to fire me, i have more rights and if necessary, I could transfer to another school. If I get fired now, then I have to go back home, lose a significant amount of money (airfare, no salary while job hunting), and probably find a job in another country.

Maybe there's more to this school and the owner than i've noticed yet, but it doesn't seem to be the hell hole a lot of teachers end up in. For now, I get paid on time and the work isn't bad.

Does anyone know of any bad consequences of me (and my employer) not paying into the pension now? If i go to the pension office in 6 months from now and offer to pay the amount owing, will there be any penalty for me? Will my employer still be required to pay the amount that HE owes? Can they force him to? (WILL they force him to?) From what I understand, in theory the employer will have to pay his share, but in reality will they?


If anyone has some experience with a similar situation, I'd be grateful to know how you handled it and what difficulties you encountered.
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Goon-Yang



Joined: 28 May 2009
Location: Duh

PostPosted: Sat Jun 26, 2010 5:53 am    Post subject: Reply with quote

People like you really annoy me. "I don't want to stress him out by 'forcing' him to follow the law". Whatever. Bury your head in the sand a bit more why don't you. If he refuses to do legal things now, what do you think is going to happen in a few months?

I bet you'll be posting on here in 6 months saying you're being fired and not paid.
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ontheway



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

PostPosted: Sat Jun 26, 2010 6:22 am    Post subject: Reply with quote

hari seldon wrote:
The moral of the story is never sign a contract that doesn't spell out:

1. You're an employee (and not a contractor.)
2. You're entitled to the national health insurance plan.
3. You're entitled to the national pension plan.



Correct.

If the contract is no good, move on. Do not take such a job expecting the law to be followed if it's not in the contract. Do not buy yourself headache and problems by taking on a battle that's already staring you in the face. Just look for a better job where everything is spelled out as it should be in the original contract. Even getting your contract changed doesn't really help, other than very minor changes. The original contract tells you what your boss plans to do.
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ontheway



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

PostPosted: Sat Jun 26, 2010 6:27 am    Post subject: Reply with quote

Mountain Mama wrote:
I talked to the boss about the pension issue. I could see that he was getting upset about it and he was stressing that he felt that he's not obliged to pay it because it's not in the contract.

I don't think it's a good idea to press the matter because I'm sure that if i stress him out over it, he'll just snap. He seems to easily go from cheerful to pissed off - at anyone really. I know that I could force him to pay the pension right now, but the rest of the year here will probably be really miserable. That's if he doesn't fire me before then.

What really are my rights at this moment? From what I heard, there's not really much stopping the boss from firing me on a moments notice before i hit the 6 month mark and then making me pay back the airfare. That's why i figure it's better to wait before forcing the pension issue on him. Then if he wants to fire me, i have more rights and if necessary, I could transfer to another school. If I get fired now, then I have to go back home, lose a significant amount of money (airfare, no salary while job hunting), and probably find a job in another country.

Maybe there's more to this school and the owner than i've noticed yet, but it doesn't seem to be the hell hole a lot of teachers end up in. For now, I get paid on time and the work isn't bad.

Does anyone know of any bad consequences of me (and my employer) not paying into the pension now? If i go to the pension office in 6 months from now and offer to pay the amount owing, will there be any penalty for me? Will my employer still be required to pay the amount that HE owes? Can they force him to? (WILL they force him to?) From what I understand, in theory the employer will have to pay his share, but in reality will they?


If anyone has some experience with a similar situation, I'd be grateful to know how you handled it and what difficulties you encountered.



Talk to your boss very nicely. Do not make threats. Do not scream and shout. Ask nicely and politely to be enrolled in pension and health insurance as is required by law. Take the position that your boss maybe didn't know it was required under the law and that you really expected it and that without it you will want to change jobs. You really don't want any trouble and you don't want to go to the authorities, you just want pension, health ins. etc.

If your boss says no, then ask to be released to find another job that offers these things. Tell him that you don't want to make any trouble, but you want these things. Do not make any threats.

It will be better for you just to change jobs, so your best plan is get your boss to see that it's in his interest to just let you go. If you make him angry, you'll never get what you want.
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