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Johnwayne

Joined: 28 Jun 2007
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Posted: Tue Mar 29, 2011 10:19 pm Post subject: Fulltime Job w/ no benefits |
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I recently heard from a friend that she was offered a full-time job (e.g. normal 8-5) at a Korean company for an English-related job. I'm not sure what the specifics of the job are, but she had mentioned that her contract will be with the recruiting company rather than directly with the company and that no benefits would be provided (i.e. health insurance, pension, etc.). Just a lump-sum monthly payment minus the minimum tax amount taken out.
I've been in Korea long enough to know this is kind of thingis typical, but I remember reading not too long ago about how CDI is currently in some dispute with some of its 'contract' workers for this kind of thing and was wondering if my friend isn't getting screwed out of her benefits in much the same way the CDI teachers are.
Or is this a wholly different thing since it isn't a normal English teaching gig? |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Mar 30, 2011 2:45 am Post subject: Re: Fulltime Job w/ no benefits |
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Johnwayne wrote: |
I recently heard from a friend that she was offered a full-time job (e.g. normal 8-5) at a Korean company for an English-related job. I'm not sure what the specifics of the job are, but she had mentioned that her contract will be with the recruiting company rather than directly with the company and that no benefits would be provided (i.e. health insurance, pension, etc.). Just a lump-sum monthly payment minus the minimum tax amount taken out.
I've been in Korea long enough to know this is kind of thingis typical, but I remember reading not too long ago about how CDI is currently in some dispute with some of its 'contract' workers for this kind of thing and was wondering if my friend isn't getting screwed out of her benefits in much the same way the CDI teachers are.
Or is this a wholly different thing since it isn't a normal English teaching gig? |
If she is an employee (by definition) she is getting screwed.
ALL employees are legally entitled to:
NPS pension (split 50/50)
NHIC medical (again split 50/50)
taxed according to the NPS website (as an employee).
15 calendar days of annual leave per year (AFTER the year is complete and provided her work attendance was greater than 80%.
(1 day per calendar month if she has worked less than 1 year).
Minimum wage (for the ENTIRE work day - as defined in the minimum wage act and labor standards act.
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bobrocket
Joined: 26 Jan 2011
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Posted: Wed Mar 30, 2011 2:48 am Post subject: |
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are they on an E2?
I pay my own medical and pension but I'm on an F2, the medical is a family thing and the pension is optional.
I work for 2 schools owned by the same boss but my employer is the recruiting company. Technically I'm only working part time because of the 2 schools and therefore not entitled to the benefits but I negotiated this into my wage.
From what I understand, for a full time employee, you should receive benefits if it's in your contract but when you split the hours this changes your status. |
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Johnwayne

Joined: 28 Jun 2007
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Posted: Wed Mar 30, 2011 7:12 am Post subject: |
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She is on an F-visa as far as I know.
It basically sounds like some in-house English 'consulting' job. She said her hours wouldn't be split between different locations, she would be working in the same place all day.
It also seems like the whole position was created/suggested by the recruiting company rather than the actual company where she will be working. I think I have seen recruiters advertising for similar positions in the past at some of the big name brand companies. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Mar 30, 2011 4:04 pm Post subject: |
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Visa class doesn't matter; the labor standards act does not differentiate between citizens and non-citizens. Only the immigration acts do.
If she is an employee (by definition under the labor standards act) she is entitled to the benefits as required by law.
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Johnwayne

Joined: 28 Jun 2007
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Posted: Wed Mar 30, 2011 6:16 pm Post subject: |
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That is what I suspected. Sadly, I think if she challenges them on it, it will just result in a lose of the job opportunity for her. As some other person would probably be willing to come and work for them sans benefits, no questions asked.
Thanks for the information. |
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Johnwayne

Joined: 28 Jun 2007
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Posted: Thu Mar 31, 2011 7:27 pm Post subject: |
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I had a chance to talk with my friend in more detail about her new job and I thought I would post this information so it could serve as a warning, if nothing else, to anyone that comes across a similar job in the future. So you know what you are getting yourself into.
Basically, sometimes you'll see agencies posting on places like worknplay with full-time jobs, perhaps in some big Korean company who's name begins with a "S" and ends with a "G". It will give some full-time hours, say not typical teaching, blah blah. Usually they offer a pretty good monthly salary depending how you look at things.
Anyways, what they don't tell you is that you will not be a direct employee of the company you will be working at, you will basically be contracted through the recruiting agency like a temp worker. However, this is pretty common in the world of corporate gigs.
The kicker comes when the agency does things like, gives you an 11 month rather than 12 month contract (so they can avoid severance payment) and refuse to pay for your health insurance and pension. So, basically all you get is a lump sum salary.
Of course, they do this while telling you that "oh hey we do this so we don't have to take more money out of your salary", which of course isn't wholly accurate.
Some people, like my friend, won't really care if the monthly salary is high enough. Other people, probably would, knowing they are essentially getting cheated out of benefits. |
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