Korean Job Discussion Forums

[vlee75]

I was recently offered a job teaching in Seoul but I'm a little stumped by their proposal and need some assistance with what to expect.

They are a NZ based school. They will be paying a NZ salary. But the teachers will all be based in Korea.

Although the school in NZ is quite established, the one in Korea is brand new and will be based out of one of the city hotels.

What legalities do I need to watch out for or be aware of so that I can negotiate them into my contract?

I have gone back to them with quite a few questions but they haven't provided enough information yet. At this stage they are still sorting out visas.

Concerns that I have raised so far include:
Tax - we will pay tax in NZ because we are earning a NZ salary. Is this relatively straightforward and I won't have to pay additional tax in Korea?

Accommodation - nothing has been arranged yet. They are still sourcing options and have decided that if it is near the school then they will ask for a contribution towards it, but if it requires transport to get to school then it will be free.

Salary - they will transfer it to our Korean bank accounts but it will be in NZ dollars.

Pension - I don't know if I will have to pay this in Korea?

Hours - they want to maintain NZ standards with a Mon-Fri 8-5pm standard. Is this normal? They haven't put any provision for overtime in their contract.

Public Holidays - In NZ we get 11, so they will pay any public holidays I have in Korea providing they don't exceed a total of 11.

Medical Insurance - they will pay the full 100%.

Visa status - I asked if I would be given an E2. They don't know. They said it might just be a 'work visa' but I'm not sure there is another one that covers this?

Severance Pay - they claim that they don't have to provide a provision for this because I am an NZ employee and therefore it doesn't apply?

Any advice or assistance would be great.

Note - I have a copy of the contract but I don't know how to attach it to this thread?

[flygirl81]

Hi,
Are you going to work for the NZ Cultural Centre in Gangnam, I would advise you not to work there. I've had friends that have worked there, trained NZ teachers who have been overworked, abused, and not taken care of as one would expect a company bearing the NZ name would.

But good luck if you do decide to work there!

[OculisOrbis]

sounds like a nice scam.

they have a business in korea. it needs to be licensed. you need to be sponsored and tied to that that worksite to get your visa. if you will be teaching english there, you must have an E-2 visa. you are employed in korea by a licensed business in korea, therefore you are covered under and entitled to all things under the labor standards act of korea - ie. korean holidays, korean pension, korean health insurance, severance pay, and you pay korean taxes. just because they pay you in a different currency, it doesnt mean they can dodge all their responsibilities in korea.

the work hours, accommodations, and vacation (the LSA gives you up to 15) are up to you to negotiate, but from what you have said, this whole deal sounds like a steaming pile of......

[vlee75]

That's what I was thinking too. That they were trying to dodge their obligations in Korea by employing us from NZ and saying that we are on secondment. I definitely didn't want to get there and be stung by a whole heap of bureaucracy.

The contract won't stand up in a court of law in NZ so it's highly unlikely it would stand a chance in Korean law.

Thanks for that. I just didn't want to think I was being overly critical.

[vlee75]

Oh and it's not the NZ Cultural Centre.

It's a Hospitality Management College. I can't find any trace of them in Korea yet though. In NZ they are relatively successful.

It would be the Millenium Hotel in Seoul or something like that?

[blackjack]

You do not want to pay NZ taxes. 20-39% compared with about 3.3%.

[vlee75]

I know. And I have a student loan too which bumps up the deductions even more. That was one of my first questions to them so they increased the salary they're offering to cover it.

[Rothbard]

You're basically getting all the disadvantages of working in NZ, with none of the benefits of working in Korea. Plus a whole heap more disadvantages.

Unless the pay and apartment are awesome (for me, it would have to be like 80K NZ. I make like 65K NZ in real terms, by the time you factor in tax, and free rent. Just at PS).

[oldfatfarang]

[quote="vlee75"]

They are a NZ based school. They will be paying a NZ salary. But the teachers will all be based in Korea.

Ask to see their Korean business licence number. No number = walk away.

based out of one of the city hotels. Hmmmmmmmmmmmmmm


but they haven't provided enough information yet. At this stage they are still sorting out visas. Standard practice in Korea. They will never provide you will all the info you need. They will entice you over - and then you either take it or leave it (however there will be financial penalties for you if you decide not to continue with the job (airfaire, recruiting fee, accommodation fees etc - check your contract)).

Tax - we will pay tax in NZ because we are earning a NZ salary. Is this relatively straightforward and I won't have to pay additional tax in Korea?

NZ has a reciprocal tax agreement with Korea. If you pay Korean income tax (3.3%??), the NZ govt. considers you've paid tax on your overseas earnings. If your employer wants you to pay the much higher NZ tax rate, they are probably going to pocket the difference between NZ and Korea rates.

Accommodation - nothing has been arranged yet. They are still sourcing options and have decided that if it is near the school then they will ask for a contribution towards it, but if it requires transport to get to school then it will be free. Get all accommodation costs etc in writing in the contract (before you sign).

Salary - they will transfer it to our Korean bank accounts but it will be in NZ dollars.

Pension - I don't know if I will have to pay this in Korea?
You'll have to pay 1/2 your pension contributions if you're employed on an E2 visa. Your employer should pay the other 1/2.

Hours - they want to maintain NZ standards with a Mon-Fri 8-5pm standard. Is this normal? They haven't put any provision for overtime in their contract.

Don't NZ teachers work 8.30 - 4.30pm? Also, you should get the number of teaching hours (per week) in the contract (and what constitutes a 'teaching hour' i.e., 1 X 50 min class = 1 hour etc). Also, get overtime rate and provisions in the contract.


Public Holidays - In NZ we get 11, so they will pay any public holidays I have in Korea providing they don't exceed a total of 11.

Korean law gives you 15 paid holidays (although many may fall on a saturday or sunday - you still get them off - and your paid for them. Don't accept 11).

Medical Insurance - they will pay the full 100%.
This is a good deal (if they do pay it and it's worth anything when you're sick). Normally, you pay 50 % and they pay 50%.

Visa status - I asked if I would be given an E2. They don't know. They said it might just be a 'work visa' but I'm not sure there is another one that covers this?

Teaching = E2 visa. Be careful - you may be working illegally on another visa type. Check with the Korean consulate in Wellington.

Severance Pay - they claim that they don't have to provide a provision for this because I am an NZ employee and therefore it doesn't apply?

Again, they're dodging Korean law. In Korea you are paid for 4 weeks a month - but some months have over 4 weeks - so the 'severance' pay is an adjustment to cover unpaid weeks.

Any advice or assistance would be great.

OP: Walk away. This sounds like a scam. They're trying to evade the minimum Korean Labor law standards - to save money. They may also not be registered as a business in Korea (lots of paperwork, I'm sure), and so they're trying to use the 'seconded from NZ' line to start up here.
I wouldn't be suprised if this is a fly by night outfit, and you will get burned.

Good luck with it.

quote]

[vlee75]

Thank you so much! That's such a comprehensive answer and truly helps. I have gone back to them to ask for the business number and more information. You hit all the points on the head perfectly. Thanks again.

I really appreciate your advice.

[crosbystillsstash]

Nz teachers in schools get much more than 11 days a year vacation.

[Big Mac]

I would definitely stay away from this. Either they don't know what they are doing or they have some sort of elaborate plan to avoid their responsibilities as a Korean employer. There are just so many things wrong with this. Stay away.

[blonde researcher]

Run ten miles from this situation.
What you are describing is a Korean looking for a 'loophole' to sell his new program he no doubt 'purchased' from a somewhat reputable school in NZ to parents in Korea.
There is nothing at all legal in the situation you described as this is NOT an international school by the sound of it and it is also not a legal situation of working on an E2 visa as you should be.
Maybe he intends to have you on the H1 working holiday visa which is 12 months. However you are NOT allowed to work as a teacher on this visa ( major exception!) You may be told you can work on this visa but really you can only do 1-3 month jobs in Korea to help fund your cultural travel around Korea for 12 months. caught teaching on this visa or a tourist visa and you are liable for deportation!

You would 100% fall under NZ laws for paying tax in NZ in retrospect as the other poster said , and you cannot get Korean medical insurance under a visa like you would have to be on.
The reason your new employer is saying they will pay 100% of your medical is because they know you would never be able to be registered and no doubt the director would fund any illnesses you may have himself and take this risk??
No hotel is legal to be setting up a classroom for teaching in as the Office of education has to inspect and register any teaching premises and it must meet a certain standard and be registered to hire foreign staff....
.................the list goes on and on of the loopholes this adventurous plan includes.

Probably the NZ company allowing its name to be used for this is being duped and does not know it , but right now is feeling very happy they have a 'partnership' new biz deal happening they can make big biz out of.

The whole situation is so shady, but certainly shows how Koreans will try to be the next big thing on the market.

Once again run a mile NOW and warn others loud and clear and check the laws yourself you fall under or don't fall under like the liability to pay 4.5% pension tax and not get it back as a kiwi.
Quite simply you cannot work under another country's salary and tax laws in another country as this is being described to you.

As for the accommodation WOW..... sounds like they are still in the early stages of setting up this deal and you may end up in a hosty Korean house 'temporarily' on arrival and still be in this months later.