Korean Job Discussion Forums

towtansua · Joined: 28 Feb 2012 Location: incheon

My boss refuses to give me medical or pension benefits.

After six months, I have medical, but my boss refuses to do the pension part.

The pension office says that they can't help because my boss registered me as an independent contractor instead of as an employee. The tax office says they can't help me because it's between me and boss, and my contract doesn't matter, and my boss won't change it.

also, my boss is late paying me 2.75 months. i went to the labor board about that, but the labor board won't help with the pension. nobody will.

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

If you are on an E2, that sounds awfully strange. If you are on an F visa, then perhaps that is something you need to check the contract for.

towtansua · Joined: 28 Feb 2012 Location: incheon

what's strange is my boss is evil. Yes, Im E2 AND the pension is mentioned in my contract, still , NOBODY in ANY office will help.

thebektionary · Joined: 11 May 2011

the same thing happened to me. all you have to do is go to the pension office with your contract in hand. highlight the word "employee". if the contract says that you are an employee and not an independent contractor, the will fine your boss and you will get registered into the pension program. your boss will have to pay up.

i had an evil boss and this exact same thing happened to me. i just went into the place with my contract and showed them that it said "employee".

towtansua · Joined: 28 Feb 2012 Location: incheon

i went to the pension office many times, but they told me they can't change it because of how i'm registered with the tax office. the tax office said they don't care about my contract, and it's just a personal matter between me and my boss.

the first sentence of my contract does says that the school will employee the teacher for 12 months. plus, it promises retirement deductions.

towtansua · Joined: 28 Feb 2012 Location: incheon

also my boss scolds me every time i go to the pension office.

to get medical insurance, i needed to go there by myself with my contract, but my boss scolded me for not waiting longer to have medical.

bbunce · Joined: 28 Sep 2011

Once you get your next paycheck, tell your boss your quitting unless he does what he's supposed to do. Give him a deadline, like 3 days later. That worked for me. If he doesn't do anything, then quit and apply for a D10, looking for work or go back home.

towtansua · Joined: 28 Feb 2012 Location: incheon

thanks for the advice!

since the boss is cruel to the korean staff, i would rather stay and slowly force her to change stuff and to pay me every penny of the whole twelve months, it'll just take more work.

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

BobbyOrr · Joined: 01 Jun 2009

This happened to me as well.

Your only option is the ultimatum. Give it or I quit.

Skippy · Joined: 18 Jan 2003 Location: Daejeon

Well since you are classified as an Independent Contractor the pension and health becomes your responsibility. That means you have to pay the full contribution. If you boss has been collecting that from you pay, then he has been cheating you. People got to be careful signing those contracts.

If you have health insurance I would expect a surprise in the future from the pension office when they want the back contributions. All of it! You boss will not have to contribute.

Also what kind of Health do you have. Is he trying to back door you with a private plan.

The labour office will be useless concerning pension. Not their domain. As people comment is if you prove to the pension office that you are a employee then they might fight for you. The labour office will be helpful about the late pay.

The independent contractor is a grey area concerning E-2 visas. Always been a confusing one for me.

If you want to test you boss - I would recommend getting a secondary part time job - Kindy or whatever (legal). You boss can not refuse you in applying to immigration (through immi might). If he gets mad, just comment you are a contractor. Or are you?

bbunce · Joined: 28 Sep 2011

towtansua · Joined: 28 Feb 2012 Location: incheon

ok, i'll try to post my contract now...

we were all just at the labor board today. if she doesn't catch up on paying me soon, my pending lawsuit will activate. i don't want to quit before she is required to pay me the end of year bonus. if i need to i'll re-sue for the entire sum.

towtansua · Joined: 28 Feb 2012 Location: incheon

ok my contract is here. there are many obvious problems like not saying how many vacation days. the obscure yet apparent reference to pension is in section 7 on taxes, briefly mentioning retirement deductions. also, i'm clearly not an independent contractor.

so far, i've seen no record of any deductions but taxes, because my boss claims the medical i forced her to do by going to the office by myself will be eventually deducted by the deposit she already took from me. it went six months because she lied about me not having it, and then lied about saying she would start it.

https://docs.google.com/open?id=1sII3PFBFZSAAfWbjthIZYIExQ5U1JIByzexhjD95BvfSljOgr3MyRqhwHOc2

ontheway · Posted: Tue Mar 20, 2012 6:33 am Post subject:

It is perfectly legal and proper to be an Independent Contractor on an E2 visa if your contract is properly written. Ideally, a contract should explicitly state whether you are an IC or an employee.

However, it's unfortunate if the government offices will not honor the contract itself. They should be able to see if your contract states that you are an employee so you don't have to take legal action against your employer.

In the OP's case, you should post your contract as suggested above. We can't be certain from what you've written that your contract states that you are an employee, although it seems likely.