View previous topic :: View next topic |
Author |
Message |
CheeseSandwich
Joined: 02 Nov 2006
|
Posted: Thu Aug 12, 2010 7:44 pm Post subject: Penalties for not paying into pension and health insurance? |
|
|
So my boss hasn't been paying into either, I am curious as to what the penalties are for him not doing so if I chose to bring this up to the labor board. |
|
Back to top |
|
 |
salgichawa
Joined: 18 Mar 2010
|
Posted: Thu Aug 12, 2010 8:18 pm Post subject: Re: Penalties for not paying into pension and health insuran |
|
|
Hi There,
CheeseSandwich wrote: |
So my boss hasn't been paying into either, I am curious as to what the penalties are for him not doing so if I chose to bring this up to the labor board. |
Contact the people from the phone numbers on this site.
http://www.nps.or.kr/jsppage/english/main.jsp
and here for the Health Insurance.
http://www.nhic.or.kr/portal/site/main
I suggest these people and perhaps not the labor board are the best people as a first port of call.
To pay these are normally an obligation. Read the english on the websites. I am sure they give warnings. I myself am not aware of the amount of the fines. |
|
Back to top |
|
 |
CheeseSandwich
Joined: 02 Nov 2006
|
Posted: Thu Aug 12, 2010 8:41 pm Post subject: |
|
|
I'm quitting but my boss wont give me a release letter even though its been a month.
My school is closing and he gave me a months warning, found a new job now he wants me to work longer.
I just want to scare him, if he isn't paying for me then I doubt hes paying for anyone else. I'm sure he doesn't want any attention |
|
Back to top |
|
 |
Troglodyte

Joined: 06 Dec 2009
|
Posted: Thu Aug 12, 2010 9:33 pm Post subject: |
|
|
I'm not sure what the fine is for not paying into an employee's pension or health insurance. The main thing though is that he'd have to back pay it. But then again, so would you. If you can get reimbursed when you leave, then it's worth doing. If not, you might not want to bring it up.
If the school is going out of business, then it might be hard to get him to actually back pay it. In that case, I'm not sure if the pension office would still ask you to pay your share, although I suspect they would. If you're going to play that card, do it fast. |
|
Back to top |
|
 |
Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
|
Posted: Fri Aug 13, 2010 2:35 am Post subject: Re: Penalties for not paying into pension and health insuran |
|
|
CheeseSandwich wrote: |
So my boss hasn't been paying into either, I am curious as to what the penalties are for him not doing so if I chose to bring this up to the labor board. |
1) you do not take this up with the LABOR board. This is a pension issue and is taken up with the PENSION board (NPS)
2) My previous boss was fined 5 million for refusing to pay my pension. After I got my money (about a month-ish after I filed), my co-workers filed too, and he was fined 5 million for each of them. Boo-yah! |
|
Back to top |
|
 |
Traversant
Joined: 14 Apr 2010 Location: Yongin
|
Posted: Fri Aug 13, 2010 2:42 am Post subject: |
|
|
^ Who did you alert to get your boss fined? The NPS? |
|
Back to top |
|
 |
Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
|
Posted: Fri Aug 13, 2010 2:47 am Post subject: |
|
|
Traversant wrote: |
^ Who did you alert to get your boss fined? The NPS? |
Young FRANKenstein wrote: |
This is a pension issue and is taken up with the PENSION board (NPS) |
|
|
Back to top |
|
 |
madkisso
Joined: 16 Jul 2010
|
Posted: Tue Aug 17, 2010 10:10 pm Post subject: |
|
|
paying into pension is part of Korean law, then? If pension wasn't mentioned in the contract, and you signed it, does the school still have to pay it? What is the best way to go about mentioning this since I signed the contract without asking it to be in there? Is it better just to not bring it up (if I don't mind going without the money)? Sorry for so many questions; I'm just getting a bit nervous about it. Thanks |
|
Back to top |
|
 |
Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
|
Posted: Tue Aug 17, 2010 10:33 pm Post subject: |
|
|
madkisso wrote: |
(1) paying into pension is part of Korean law, then? (2) If pension wasn't mentioned in the contract, and you signed it, does the school still have to pay it? (3) What is the best way to go about mentioning this since I signed the contract without asking it to be in there? (4) Is it better just to not bring it up (if I don't mind going without the money)? |
1- Yes.
2- If you are an independent contractor (according to your contract), no. Otherwise, yes, they must enroll you and pay it.
3- Just tell him you noticed there are no pension deductions on your payslip, and politely and inquisitively ask when they would begin.
4-Pension and medical insurance are linked. If you are not enrolled with one, you are not enrolled with the other, either. Maybe you don't care about the pension money, but do you care about having medical insurance (national coverage is also mandatory)? |
|
Back to top |
|
 |
madkisso
Joined: 16 Jul 2010
|
Posted: Tue Aug 17, 2010 11:39 pm Post subject: |
|
|
Young FRANKenstein wrote: |
madkisso wrote: |
(1) paying into pension is part of Korean law, then? (2) If pension wasn't mentioned in the contract, and you signed it, does the school still have to pay it? (3) What is the best way to go about mentioning this since I signed the contract without asking it to be in there? (4) Is it better just to not bring it up (if I don't mind going without the money)? |
1- Yes.
2- If you are an independent contractor (according to your contract), no. Otherwise, yes, they must enroll you and pay it.
3- Just tell him you noticed there are no pension deductions on your payslip, and politely and inquisitively ask when they would begin.
4-Pension and medical insurance are linked. If you are not enrolled with one, you are not enrolled with the other, either. Maybe you don't care about the pension money, but do you care about having medical insurance (national coverage is also mandatory)? |
Thank you so much for this info!! I was feeling really lost and confused. My contract does specifically mention medical insurance with NHIC, so I don't know what that means for the pension. I will most definitely take your advice about how to approach the school if there are no pension deductions. Thanks again! |
|
Back to top |
|
 |
Troglodyte

Joined: 06 Dec 2009
|
Posted: Wed Aug 18, 2010 1:45 am Post subject: |
|
|
If you want to bring up the topic without specifically asking him to enroll you in pension, then ask him about the health insurance card/booklet. When you're enrolled in HI, you get a booklet. Tell him that you are concerned because you like to travel on the weekends, or go hiking, cycling, whatever. Other foreigners told you that you need to have it with you at all times in case of an accident.
If you somehow get the booklet and you still don't think you're having pension deductions made, then ask if your boss can explain the deductions from your pay. It's less confrontational.
If neither of you really is contributing to pension, but you somehow have health insurance (national, not a private plan) then you have to decide how you want to handle the situation. A lot of people on this forum will tell you to give your boss an ultimatum and make a scene and demand he pay into pension because it's your right. You can do that. It does work sometimes. Sometimes it also gets you fired, so if you want the pension and already have HI, I'd recommend waiting until you pass the 6 month mark before complaining. Bring up the topic now, but if your boss says "no" then let it rest until you have more legal rights. Then pursue the matter. |
|
Back to top |
|
 |
Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
|
Posted: Wed Aug 18, 2010 2:03 am Post subject: |
|
|
Troglodyte wrote: |
I'd recommend waiting until you pass the 6 month mark before complaining. Bring up the topic now, but if your boss says "no" then let it rest until you have more legal rights. Then pursue the matter. |
If one is going to wait months in order to ask about it, you may as well wait until the contract is completed and you're gone, so he can't mess with your job or visa status. You can still get your pension after the fact, provided you pay your half of the contributions first. Course, if you're going to do this, you have to keep your records and payslips so you can prove that either (1) the boss didn't deduct pension at all, or (2) he did deduct them but didn't submit the money to the pension office. |
|
Back to top |
|
 |
Troglodyte

Joined: 06 Dec 2009
|
Posted: Wed Aug 18, 2010 2:24 am Post subject: |
|
|
That's a good point as well. |
|
Back to top |
|
 |
Tigerstyleone
Joined: 01 Feb 2009
|
Posted: Wed Aug 18, 2010 5:57 am Post subject: |
|
|
One of my old bosses didn't pay into the pension.
But she was really cool boss, so I didn't complain. She also and made up for it by paying me more salary.
It was more than what she was paying into my pension too.
She was still saving money some how by lying on her taxes.
I really didn't care because I was only working two or three hours a day with full benefits. Dream job actually. |
|
Back to top |
|
 |
madkisso
Joined: 16 Jul 2010
|
Posted: Wed Aug 18, 2010 10:34 pm Post subject: |
|
|
Thanks again for all of the info. Will definitely take everyone's advice. |
|
Back to top |
|
 |
|