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Accident Compensation and Unemployment Insurance Required?
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ptaza



Joined: 03 Mar 2011

PostPosted: Wed Feb 08, 2012 4:49 am    Post subject: Accident Compensation and Unemployment Insurance Required? Reply with quote

I found this thread on Dave's
http://forums.eslcafe.com/korea/viewtopic.php?t=203149

that said that we are exempt from unemployment insurance and that the employERS are to pay for the workers comp....

is this still in effect as of february 2012?

I feel like my boss is trying to seek some kind of a retribution for having gone to the pension office to make sure that he was putting his part in and then asking him why he declared me as making 700,000 won less.

He said he did that so that we wouldn't have to pay more in taxes and insurances. I did my calculations and based off of a 3.3% tax rate and the health insurance contribution of average monthly salary * 5.80% (as of 2012) at my REAL salary; then my 4.5% contribution to the pension (at the lowered figure he declared us at) and it seems like everything is accounted for.

HOWEVER, when he does HIS calculations, purporting that we make less than we really do, he claims that the 46,000 odd won difference between them are these two insurances.

Basically, is there anyone who knows anything about this and/or can point me in the direction of an (ideally) English and Korean sheet that says this? At the end of the day, this really adds up for two people over the course of a year, when we really need it.

~Thanks so much~
P
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venus envy



Joined: 25 Jul 2007
Location: chicago

PostPosted: Wed Feb 08, 2012 6:07 am    Post subject: Reply with quote

It sounds like he is full of it. My school ended up realizing it was a mistake and refunded the 38,xxx. Everything has been copasetic since.
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ptaza



Joined: 03 Mar 2011

PostPosted: Wed Feb 08, 2012 6:44 am    Post subject: Reply with quote

thanks so much venus envy. i had a feeling that he was full of it after the expression on his face. he actually accused another korean coworker of telling us to go to the pension office! lol.

how did they realise it was a mistake? any links i can point my boss to since he won't believe it just coming out of my mouth...

thanks again!
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venus envy



Joined: 25 Jul 2007
Location: chicago

PostPosted: Wed Feb 08, 2012 7:05 am    Post subject: Reply with quote

Sorry, but I have no clue. I only recall that a few hours after I asked about it (for a second time) she sent me a message that I would get a refund and it wouldn't happen again.

Ttompatz is an expert on these matters and probably knows where you can find the info you need. Hopefully he sees this thread. Best of luck to you Smile
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Feb 08, 2012 9:30 am    Post subject: Re: Accident Compensation and Unemployment Insurance Require Reply with quote

ptaza wrote:
I found this thread on Dave's
http://forums.eslcafe.com/korea/viewtopic.php?t=203149

that said that we are exempt from unemployment insurance and that the employERS are to pay for the workers comp....

is this still in effect as of february 2012?

I feel like my boss is trying to seek some kind of a retribution for having gone to the pension office to make sure that he was putting his part in and then asking him why he declared me as making 700,000 won less.

He said he did that so that we wouldn't have to pay more in taxes and insurances. I did my calculations and based off of a 3.3% tax rate and the health insurance contribution of average monthly salary * 5.80% (as of 2012) at my REAL salary; then my 4.5% contribution to the pension (at the lowered figure he declared us at) and it seems like everything is accounted for.

HOWEVER, when he does HIS calculations, purporting that we make less than we really do, he claims that the 46,000 odd won difference between them are these two insurances.

Basically, is there anyone who knows anything about this and/or can point me in the direction of an (ideally) English and Korean sheet that says this? At the end of the day, this really adds up for two people over the course of a year, when we really need it.

~Thanks so much~
P



The 3.3% tax rate is too high. You should look up your actual rate on the NTS site and show your boss:

http://www.nts.go.kr/eng/help/help_52.asp

You should pay 4.5% of your total salary for Pension and your boss pays another 4.5%. Depending on where you're from you will get all 9% back when you leave Korea.

Your Health Insurance should be one half of the total paid - again your boss pays the other half - so you should pay about 2.9% and not the full 5.8%.

And, yes, you are exempt from the unemployment insurance and you should not pay anything towards the worker's compensation insurance.
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ptaza



Joined: 03 Mar 2011

PostPosted: Wed Feb 08, 2012 3:26 pm    Post subject: Reply with quote

Quote:
The 3.3% tax rate is too high. You should look up your actual rate on the NTS site and show your boss:

http://www.nts.go.kr/eng/help/help_52.asp

You should pay 4.5% of your total salary for Pension and your boss pays another 4.5%. Depending on where you're from you will get all 9% back when you leave Korea.

Your Health Insurance should be one half of the total paid - again your boss pays the other half - so you should pay about 2.9% and not the full 5.8%.

And, yes, you are exempt from the unemployment insurance and you should not pay anything towards the worker's compensation insurance.



wow, thanks so much ontheway. i am paying about 2 and a half times what i should for my taxes! yikes! Shocked

do you know of any where i can go (on the internet preferably) to be able to show my boss that i don't owe these insurances either?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Feb 08, 2012 3:39 pm    Post subject: Re: Accident Compensation and Unemployment Insurance Require Reply with quote

ptaza wrote:
I found this thread on Dave's
http://forums.eslcafe.com/korea/viewtopic.php?t=203149

that said that we are exempt from unemployment insurance and that the employERS are to pay for the workers comp....

is this still in effect as of february 2012?

I feel like my boss is trying to seek some kind of a retribution for having gone to the pension office to make sure that he was putting his part in and then asking him why he declared me as making 700,000 won less.

He said he did that so that we wouldn't have to pay more in taxes and insurances. I did my calculations and based off of a 3.3% tax rate and the health insurance contribution of average monthly salary * 5.80% (as of 2012) at my REAL salary; then my 4.5% contribution to the pension (at the lowered figure he declared us at) and it seems like everything is accounted for.

HOWEVER, when he does HIS calculations, purporting that we make less than we really do, he claims that the 46,000 odd won difference between them are these two insurances.

Basically, is there anyone who knows anything about this and/or can point me in the direction of an (ideally) English and Korean sheet that says this? At the end of the day, this really adds up for two people over the course of a year, when we really need it.

~Thanks so much~
P


Your boss is a crook and cheating.

NPS is 4.5% and matched by him. (9% total)
NHIC is 2.94% and matched by him. (5.88% total)

Taxes for your average hagwan worker are less than 2% (32k on a salary of 2.2 million (~1.45%)). Taxes ARE progressive and the % rate increases with your salary.
At 2.4 million the rate goes up to 1.92% (46k won)
At 2.6 million the rate goes up to 2.50% (65k won)
At 2.8 million the rate goes up to 3.25% (91k won)
At 3.0 million the rate goes up to 3.96% (119k won)

NO other deductions are allowed or required of foreign workers (by law) without your express consent.

You are exempt (contact the labor office) from unemployment, etc since you cannot collect (no job = no visa = no ability to collect).

.
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ptaza



Joined: 03 Mar 2011

PostPosted: Wed Feb 08, 2012 6:52 pm    Post subject: Reply with quote

Thanks so much for your responses everyone, now I can have some idea of what I'm dealing with.
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Savant



Joined: 25 May 2007

PostPosted: Wed Feb 08, 2012 7:32 pm    Post subject: Re: Accident Compensation and Unemployment Insurance Require Reply with quote

ttompatz wrote:
You are exempt (contact the labor office) from unemployment, etc since you cannot collect (no job = no visa = no ability to collect).


Are you sure that you can't collect on a D-90 visa?

My girlfriend does the tax business for her company and she questioned the taxes I pay with the tax office.

Turns out my school has been taking Unemployment Insurance from my paycheck (it is noted but I thought was required) but not paying it to the Tax office.

Anyway, she said in the event that I get fired I am entitled to receive some unemployment benefit for 6 months (I think).

Might be wrong on the details but I am sure she explained to me that we could collect it.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Feb 08, 2012 8:39 pm    Post subject: Re: Accident Compensation and Unemployment Insurance Require Reply with quote

Savant wrote:
ttompatz wrote:
You are exempt (contact the labor office) from unemployment, etc since you cannot collect (no job = no visa = no ability to collect).


Are you sure that you can't collect on a D-90 visa?

My girlfriend does the tax business for her company and she questioned the taxes I pay with the tax office.

Turns out my school has been taking Unemployment Insurance from my paycheck (it is noted but I thought was required) but not paying it to the Tax office.

Anyway, she said in the event that I get fired I am entitled to receive some unemployment benefit for 6 months (I think).

Might be wrong on the details but I am sure she explained to me that we could collect it.


What is a D-90? Sounds like a truck. D9-international trade?

The only exception would be someone on an F-class visa since their status and right to stay in Korea is not tied to their employment.

On every other visa class, lose your job = lose your visa = lose your right of residence = not able to collect.

You are of course welcome to prove me wrong (non-F class holder actually able to collect) but I don't think so. There is a reason why foreigners (who are NOT on an F-class) are exempt from paying.

.
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Savant



Joined: 25 May 2007

PostPosted: Wed Feb 08, 2012 9:38 pm    Post subject: Re: Accident Compensation and Unemployment Insurance Require Reply with quote

ttompatz wrote:
Savant wrote:
ttompatz wrote:
You are exempt (contact the labor office) from unemployment, etc since you cannot collect (no job = no visa = no ability to collect).


Are you sure that you can't collect on a D-90 visa?

My girlfriend does the tax business for her company and she questioned the taxes I pay with the tax office.

Turns out my school has been taking Unemployment Insurance from my paycheck (it is noted but I thought was required) but not paying it to the Tax office.

Anyway, she said in the event that I get fired I am entitled to receive some unemployment benefit for 6 months (I think).

Might be wrong on the details but I am sure she explained to me that we could collect it.


What is a D-90? Sounds like a truck. D9-international trade?

The only exception would be someone on an F-class visa since their status and right to stay in Korea is not tied to their employment.

On every other visa class, lose your job = lose your visa = lose your right of residence = not able to collect.

You are of course welcome to prove me wrong (non-F class holder actually able to collect) but I don't think so. There is a reason why foreigners (who are NOT on an F-class) are exempt from paying.

.


I meant the D-10 visa. Not sure where the 90 came from.

Whether you are exempt, I can't recall, but I know that you can choose to pay it even if your employer does not.
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hogwonguy1979



Joined: 22 Dec 2003
Location: the racoon den

PostPosted: Wed Feb 08, 2012 9:59 pm    Post subject: Reply with quote

there is also a 1% citizen tax thats 1% of your income tax that also gets taken out (ie 300,000 won income also gets another 3,000 won citizen tax)

regarding unemployment and workmens comp insurance, those are entirely employer taxes you dont pay them
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Feb 09, 2012 12:44 am    Post subject: Re: Accident Compensation and Unemployment Insurance Require Reply with quote

Savant wrote:
I meant the D-10 visa. Not sure where the 90 came from.

Whether you are exempt, I can't recall, but I know that you can choose to pay it even if your employer does not.


The case for D10's (from an E2) are too new a phenomenon to give an accurate answer. No-one has ever done it (tried to claim unemployment while on a D10) before.

.
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ptaza



Joined: 03 Mar 2011

PostPosted: Thu Feb 09, 2012 10:25 pm    Post subject: Reply with quote

this is all really good info. we went to him and told him *(nicely)* about the errors and he is holding fast to it (see: crook).

so we have less than four months left of 8 months of dealing with these people and can almost taste the pension, severance and air fare.

my question is, if we bring this up with him, and he still does nothing, and we go to the labor board (always showing up for classes and doing a good job as usual), can he then fire us for going to the labor board?

the other option that we're toying with is to just keep it all under wraps until may 23 (collecting the paystubs' break down from now til then)..then we have two weeks left and he has to give us two weeks notice when firing us. that way, we finish up the contract, get the severance and the air fare, and can still be going to the labor board to get the rest of the money that they've taken from us throughout the year. Mad (we know that it can be a lengthy process but we are planning on staying for another year, at some other job, especially if they are reasonable people--and now we know what kind of contract to be dubious of)

which route is safer?

thanks!! Very Happy
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Feb 09, 2012 10:51 pm    Post subject: Reply with quote

ptaza wrote:
this is all really good info. we went to him and told him *(nicely)* about the errors and he is holding fast to it (see: crook).

so we have less than four months left of 8 months of dealing with these people and can almost taste the pension, severance and air fare.

my question is, if we bring this up with him, and he still does nothing, and we go to the labor board (always showing up for classes and doing a good job as usual), can he then fire us for going to the labor board?

the other option that we're toying with is to just keep it all under wraps until may 23 (collecting the paystubs' break down from now til then)..then we have two weeks left and he has to give us two weeks notice when firing us. that way, we finish up the contract, get the severance and the air fare, and can still be going to the labor board to get the rest of the money that they've taken from us throughout the year. Mad (we know that it can be a lengthy process but we are planning on staying for another year, at some other job, especially if they are reasonable people--and now we know what kind of contract to be dubious of)

which route is safer?

thanks!! Very Happy


He can terminate you without cause by simply giving you 30 days notice.

Wait till you are done.
Transfer to a new employer or a D10 THEN file your complaints with labor, pension and the tax people.

Return his good favor with some of your own. It is always nicer when your residence and final paycheck are not at risk.

.
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