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Another Airfare Question
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Fri Dec 24, 2010 5:55 pm    Post subject: Reply with quote

lifeinkorea wrote:
scrilly wrote:
Lifeinkorea, I have worked a full year. My boss believes that it is impossible for me to get a job without the release letter. So, she is trying to blackmail me with it... She told me that she wants me to write a letter that states that I will not request the airfare in exchange for a release letter and her honest recommendation. She implied that she will bad mouth me to potential employers and, in the same breath, acknowledged that I have been an excellent employee. Money does funny things to people.


I can't buy that. First, I agree with her about the airfare situation. Second, how would she know about your second school if you didn't tell her in the first place? If you don't need her recommendation, then you don't need to tell her anything.

If you need her recommendation to get a higher salary with the second school, then not only is she right in the airfare situation, but she is helping you get a higher salary with the second school. If this is true, you don't see the kindness in some people.

As for the pension, I still feel you are entitled to this. Why have money change your morals? If you can't get all, you are willing to be seen as a jerk teacher?

Just get the pension money, if you get a recommendation also, then that should be good enough.


Pretty sure you only get your pension when you "retire". For us, that means leaving the country.

I'm a little confused about this letter of release. Do you only need it if you are ending your contract early? I would have thought if you'd completed your contract (the full one year) you're like a free agent and can work where you want. Or does the letter in this cae mean you don't have to do a visa run?
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Fri Dec 24, 2010 6:39 pm    Post subject: Reply with quote

Quote:
Pretty sure you only get your pension when you "retire". For us, that means leaving the country.


Yes, but before you leave the country, each school you work for is supposed to put half the total contribution into it. It's like a savings account. If they take 100,000 out of your salary, then they are supposed to give 200,000 to the pension office. In the end, when you leave, you get twice as much as you put in.

I guess it's possible you could wait until you are ready to leave and then ask the hagwons and other schools to pay then. But would they? If they aren't putting money in now, chances are they won't when you are ready to leave. They are more likely to do nothing because they want you to leave. They don't want to give that money.
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eb



Joined: 24 Nov 2010

PostPosted: Fri Dec 24, 2010 7:10 pm    Post subject: Reply with quote

As hard as it is, I can understand her viewpoint. It doesn't seem fair for you to try to get another job ( in her eyes) after she obviously hired you on a more long-term basis. She expects a full commiment ( all schools' do). If she offers renewal, I would take it.

Yes, it seems unfair, but hey, least she doesn't wanna git rid of you completly,so take it as a compliment that she's so upset about this entire thing. She sounds like she cares a whole lot.
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scrilly



Joined: 13 Jan 2010

PostPosted: Fri Dec 24, 2010 11:01 pm    Post subject: Reply with quote

Lifeinkorea, you can't buy what exactly? That a school owner would threaten a recommendation to save money? Secondly, take a guess... how do you think should she knows? That's right, two of the schools I have interviewed with have called her for a reference. She won't return their calls because, ultimately, she doesn't want me to leave. The other Korean teachers have all quit. Whenever I started the job there were 4 full-time employees and 1 part time. Now there are two employees... me and her. She's worried about training a new waygook while she attempts to run two schools. Her business is falling apart.

Your conclusion that I don't see the kindness in people depends on your premise being true... which it isn't. She hasn't helped me with anything. She has only threatened and thrown tantrums.

I understand that you side with her with respect to the airfare and I respect your point of view. But I don't respect your subtle attacks. You have no place to question my morals.

As for the pension, I can't collect it because she doesn't pay into it (for foreigners). I found out through another teacher that she gave the "pension people" her address. So, I never received my registration letter. When I asked her about the pension during my first week she told me that pension was optional. When I disagreed she simply said "well we don't do that here." Can you buy that?

"just get the pension money," yeah right. If only it were so easy.

Anyway that's my story. Buy it or not, I'm sticking to it. Merry Christmas.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Fri Dec 24, 2010 11:20 pm    Post subject: Reply with quote

Quote:
That a school owner would threaten a recommendation to save money?


Quote:
two of the schools I have interviewed with have called her for a reference. She won't return their calls


If she isn't returning calls, then she has already done the damage. It's like breaking someone's arm and then saying if they get any closer they will punch the same arm.

Quote:
So, I never received my registration letter.


I never got a registration letter either, and all schools that had to pay into it did, didn't try to screw me over, and I was able to collect on it without reading a registration letter and without mentioning I never received one. You are the first person I know after 3 years and 5 schools (15 foreign teachers) to tell me this. I haven't heard any other teachers saying they needed a registration letter. Are you just making up BS here? Get off your duff and try to collect on what is rightfully yours instead of moaning about trying to pocket airfare for a flight you aren't going to take.

This is starting to get silly now.

Quote:
As for the pension, I can't collect it because she doesn't pay into it (for foreigners)


You can go to the pension office and show the contract to the pension office. I haven't done this, so I don't know how easy it is. However, if it is required by law, you are better off letting the pension office try to sort it out. If they can't do anything about it, post here and either labor board or another group handling contract disputes might be able to help you further.

Quote:
"just get the pension money," yeah right. If only it were so easy.


Have you gone to the pension office and presented a copy of the contract so they can see you are working? Personally, I would go alone without any Korean help. Someone at the pension office, who is Korean, will read the contract and might see the path you need to get the money. They might be able to call the right sources.

For me, I had to get my internet canceled and I didn't know where to go. I knew it was SK telecom, but the SK places I saw only sold cell phones. So, I went there. Four of them worked together and helped me get to a mall which couldn't help me either, but the guy at that SK place had a number for foreign support. I got a call an hour later and everything was handled over the phone.

Obviously if you go to her and ask for pension money, she is not going to help you. If you don't go to the pension office, then you will just make it as hard for the next teacher.


Last edited by lifeinkorea on Sat Dec 25, 2010 12:29 am; edited 3 times in total
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Fri Dec 24, 2010 11:46 pm    Post subject: Reply with quote

There's more, but this should sum up a big chunk of it.

THE NATIONAL PENSION ACT

http://www.nps.or.kr/jsppage/english/act/act_01.jsp

CHAPTER 9 PENAL PROVISIONS
Article 104 (Punishment) (1) A person who received benefits through
fraudulent or dishonest means shall be sentenced to imprisonment for a period of no
more than 3 years or fined no more than 10 million Won. (Amended by Law No.
4909, Jan. 5, 1995)
(2) A person who commits one of the following items shall be sentenced to
imprisonment for a period of no more than 1 year or fined no more than 5 million
Won. (Amended by Law No. 5623, Dec. 31, 1998; Law No. 6286, Dec. 23, 2000)
1. An employer who has not paid contributions without justifiable reason within the payment deadline under the provision of Paragraph (2) of Article 79;
2. An employer, in violation of the provision of Article 98, who has ***obstructed*** employees becoming Insured Persons, has refused employees' promotion or wage increase to avoid increase in payments or has terminated their employment, without justifiable reason, or has performed other unfair treatment;
3. A person who has revealed a business secret, in violation of the provision of
Article 101-3.
4. An employer who makes the Workplace based Insured Person pay the whole
or partial amount of liability under Article 75(2) or who deduces excessive
payable contribution from the wage of the Workplace based Insured Person
while deducing such contribution under Article 77(1).
Article 105 (Punishment) An employer shall be sentenced to a fine of
500,000 Won or less when: PENALTY IS ONLY 500,000 won Laughing Laughing Laughing No wonder they don't try to pay into it. They take your money and then they don't give their share. Unless you do something, hagwons won't change.
1. He has, in violation of the provision of Article 19(1), failed to submit the
report or has made false statements in such report
;
2. He has refused, evaded, obstructed or answered falsely the request for
presentation of documents and other materials, or the investigation and
inquiries made by the Corporation or its officials under Article 101.


Last edited by lifeinkorea on Sat Dec 25, 2010 12:13 am; edited 3 times in total
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Fri Dec 24, 2010 11:59 pm    Post subject: Reply with quote

Article 19 (Reports) (1) The employer of Workplace based Insured Persons
shall report
, under the Ordinance of Ministry of Health and Welfare, facts regarding
mandatory workplace, matters pertaining to changes in the nature of the workplace
and suspension and closure of business, items pertaining to qualification &
disqualification and monthly income of Insured Persons, etc. to the National Pension
Service
. (Amended by Law No. 4909, Jan. 5, 1995; Law No. 5454, Dec. 13, 1997;
Law No. 5623, Dec. 31, 1998)
(2) Individually Insured Persons, Voluntarily Insured Persons and Voluntarily &
Continuously Insured Persons shall be responsible for the submission of a report,
under Ordinance of the Ministry of Health and Welfare, on matters pertaining to
the qualification & disqualification, change in name or address, income, etc. to the
National Pension Service. (Amended by Law No. 4909, Jan. 5, 1995; Law No. 5454,
Dec. 13, 1997)
(3) If for some reason an Individually Insured Person, a Voluntarily Insured Person
or a Voluntarily & Continuously Insured Person is unable to submit the report
under the provision of Paragraph(2), the spouse or other members of his/her family
may submit the report on behalf of the Insured Person. (Amended by Law No.
4909, Jan. 5, 1995)
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Sat Dec 25, 2010 12:40 am    Post subject: Reply with quote

scrilly wrote:
Lifeinkorea, you can't buy what exactly? That a school owner would threaten a recommendation to save money? Secondly, take a guess... how do you think should she knows? That's right, two of the schools I have interviewed with have called her for a reference. She won't return their calls because, ultimately, she doesn't want me to leave. The other Korean teachers have all quit. Whenever I started the job there were 4 full-time employees and 1 part time. Now there are two employees... me and her. She's worried about training a new waygook while she attempts to run two schools. Her business is falling apart.

Your conclusion that I don't see the kindness in people depends on your premise being true... which it isn't. She hasn't helped me with anything. She has only threatened and thrown tantrums.

I understand that you side with her with respect to the airfare and I respect your point of view. But I don't respect your subtle attacks. You have no place to question my morals.

As for the pension, I can't collect it because she doesn't pay into it (for foreigners). I found out through another teacher that she gave the "pension people" her address. So, I never received my registration letter. When I asked her about the pension during my first week she told me that pension was optional. When I disagreed she simply said "well we don't do that here." Can you buy that?

"just get the pension money," yeah right. If only it were so easy.

Anyway that's my story. Buy it or not, I'm sticking to it. Merry Christmas.


Arg...lifeinkorea beat me to the punch. But for what it's worth...

Ok, what you've written here is quite different from your opening post. I think we've already answered the airfare question. Your contract mentions a return ticket, not money. So you don't get the money.

But the pension is another matter. She's required by law to pay into that. It's not optional.

http://www.efl-law.com/contracts.php

"3. Retirement issues. The National Welfare Pension Law mandates that any company which has five or more Employees must join a government administered national pension program, and the Employee and Employer must each contribute 4.5% of the Employee's monthly salary."

http://www.moel.go.kr/english/dont_miss/faq_view.jsp?idx=3073

This site shows that even work places with less than 4 workers are required to pay into it (effective this month it looks like).

However, you can't collect your pension unless you are leaving the country (as I already said). Koreans don't collect their pension money every time they change employers, so why do you think you get to? As I said, it's for "retirement". And you aren't retiring (leaving the country).

You can check that here. It's a sticky on this forum.

http://forums.eslcafe.com/korea/viewtopic.php?t=45302

or here...

http://www.efl-law.com/Pension.php

Here is a quote from that site:

"All foreigners are eligible for a lump sum refund of Premiums paid, if they are from countries that have 'totalization agreements' with Korea, and if the foreigner leaves Korea or meet other eligibility requirements..."

In summary:

1. forget about the plane money. You aren't entitled to it.

2. The pension money you are entitled to, but not until you're leaving Korea, which you are not.

Your questions have been answered. Merry Christmas Smile


Last edited by isitts on Sat Dec 25, 2010 12:50 am; edited 1 time in total
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Sat Dec 25, 2010 12:48 am    Post subject: Reply with quote

Here is a link that has legal info, including a link for english speaking lawers if you need them.

http://wiki.galbijim.com/Legal_matters

But like lifeinkorea said, go to the pension office first. They might be able to do the dirty work for you.
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scrilly



Joined: 13 Jan 2010

PostPosted: Mon Dec 27, 2010 5:23 am    Post subject: Reply with quote

Thanks for all of the good information! I really appreciate it. Smile
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Mon Dec 27, 2010 6:22 am    Post subject: Reply with quote

scrilly wrote:
Thanks for all of the good information! I really appreciate it. Smile


No problem. Hope everything works out for you.
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