Korean Job Discussion Forums

[CheeseSandwich]

So, as some of you who have read my previous threads know my boss gave me 30 days notice to find a new job because our after school program at my school was closing.

He then changed his mind after I found a job for the supposed end date and wanted me to work another half month.

I told him that I wont do that, and was going to cancel my visa myself and then redo the visa process.

Now for 8 months I have been paid on time every month on the 13th. The 9th month, no deal. Texts and calls have gone unanswered and ignored and I can only assume he is not paying me in an effort to get me to work the last 2 and half weeks that he decided he wanted me to.

So, in the past week I've discovered he doesn't pay into my pension, he didn't pay into the NHS and now hes with holding my pay.

Whats my plan of attack.

And yes I suppose in retrospect I shouldn't have told him my plans but, live and learn.

[CentralCali]

If he's been deducting the payments from your salary for pension and the national health, your plan of action is simply to go to the pension and the national health offices for your area. You should also go to the Labor Board for the illegal withholding of pay. Don't forget to swing by the tax office either.

The best time to do this, IMHO, is after you've started working on your new visa.

[CheeseSandwich]

He hasn't as far as I know been paying into either.

[CentralCali]

The key is if he's been taking the money from you. Check your contract and check your bank account for how much you've been paid.

[ttompatz]

File a formal complaint at the labor office for your unpaid wages.

That is one thing they can help you with.

.

[CheeseSandwich]

[mogbert]

Quick! Call Bruce Willis!

[CentralCali]

What? Is my post above ttom's invisible?

Filing a formal complaint is actually pretty easy. You go to the Labor Board and complete a form in Korean (so get a friend who knows Korean to help you with it). You state what the problem is: Withholding of Pay. You then provide the evidence. In the case for my coworker and me, that evidence was a copy of the contract and copy of our bankbook pages showing that we had not received the pay.

If you end up outside of Korea before you have a chance to do that, it still can be done. You go to a Korean Consulate and execute an affidavit appointing someone in Korea to appear on your behalf at the Labor Board. The consular personnel will assist you with completing the form. You then send the form to your appointee who goes to the Labor Board and starts the ball rolling. You can also avail yourself of this option if your new job in Korea is too far for you to conveniently appear at the serving Labor Board or if you cannot be "reasonably available." You have to execute the appointee form at the Labor Board first. The beauty of it is that you are the one who determines if the distance to travel is too far or if you can be reasonably available.

Another advantage to the appointee option is that it completely negates the harassment factor on the boss's part. Well, it doesn't negate the delay, but it does mean the boss can't screw with you at your new job by demanding you appear at the Labor Board hearings and getting the hearing rescheduled at the last minute, thus making you miss work and upsetting your new boss.

If your boss has been taking the money from you for your pension and health payments but hasn't been turning that money over to them, you're in the clear--he's not. If he hasn't been taking the money, then you have to fork over the cash you owe and so does he. In either case, he still can be fined.

The things to look at are:

• Taxes
  
  • Deducted?
    
  • Forwarded?
  
  
• National Health
  
  • Deducted?
    
  • Forwarded?
  
  
• Pension
  
  • Deducted?
    
  • Forwarded?

And, of course, the salary still owed:

• Paid?
  
• Unpaid?

For all but the Labor Board, the agency decision is enforceable by that agency. The Labor Board, on the other hand, is basically an advisory agency. If they find in your favor, they will advise (as in suggest to) your boss to pay what's owed. If the boss refuses, then you have to take the employer to court. I believe ttompatz can fill you in on the procedures involved in that hassle.

[PatrickGHBusan]

Cali is right on target.

As for pension, if your employer has not been paying into it, he can get fined and forced to pay whatever he should have paid into the pension scheme. the thing is, you could be asked to pay your portion (whatever was not paid into the pension fund) but will then be able to claim a refund when you leave Korea if your country has a pension deal with Korea.


Of course if your employer deducted pension and pocketed it instead of paying into the scheme, you are in the clear.

[Young FRANKenstein]

[ChilgokBlackHole]

[Steve_Rogers2008]

Didn't you see DH4? he's so awesome, he can perform Ddong Chim on a girl.... with an SUV!