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towtansua
Joined: 28 Feb 2012
Location: incheon
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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 Posted: Tue Mar 20, 2012 7:05 am Post subject: |
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I see that you posted your contract while I was writing before:
Your contract clearly states that you are an employee.
The section on taxes seems to state that you are to be enrolled in the National Pension: "retirement taxes deducted ... according to the Korean tax law" but there is some ambiguity.
However, the health insurance reference makes it clear that you will not be enrolled in the National Health Insurance but in some other plan.
So, your employer has attempted to create a contract that allows you to be an IC, but they have failed in my opinion.
You should try again with the Pension office and Labor office, espcially if you manage to get enrolled in the government's Korean National Health Insurance - although you may find yourself in a different plan. It's a shame if you have to take your own legal action to enforce your contract in these matters as your story seems to indicate.
Pension and HI are linked (although you must enroll or be enrolled in each separately), so if you are enrolled in one they will investigate to find out why you are not enrolled in both. If you are an IC you are still required to be enrolled in both, although you must pay 100% on your own.
As to Pension and Health Insurance, it is possible to be exempt from either or both, but you are not AFIK. (Possible exemptions: Pension: over age 60, enrolled in accepted alternate plan, South African; Health Insurance: in limited cases, covered by family member, covered by other job etc.) |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Mar 20, 2012 7:27 am Post subject: |
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There is a bigger issue for you OP.
If your boss is nearly 3 months behind in paying you, you need to consider quitting and moving on. 3 months' pay is a lot more than Pension and HI. Since you have gone to the labor office about pay, you have now started the process of collecting your overdue money. But, you should probably get out ASAP. This job will not be peaceful and your boss may be angry, difficult to work with and/or seek vengence in some way if you stay. |
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towtansua
Joined: 28 Feb 2012
Location: incheon
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| Posted: Tue Mar 20, 2012 7:45 am Post subject: |
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thanks for reading the contract, i'll try going to the tax office in person with my contract and translator. i think the bottleneck may be this one dude that answers the english-tax-phoneline. or maybe go to a different pension office farther away.
==============================
the other amerian teacher here that just went back to america was owed 11 million won and he never even went to the labor board or got medical. that's how brilliant she is at manipulating people. today she convinced the labor board dude and my own translator that she's a nice person. (until i told my translator otherwise later)
i will choose to stay at oppose her out of spite. i'm not afraid of her since i can activate the lawsuit at anytime, and if she fires with me without cause i can sue for the whole year's worth. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Mar 20, 2012 8:08 am Post subject: |
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| towtansua wrote: |
the other amerian teacher here that just went back to america was owed 11 million won and he never even went to the labor board or got medical...
i will choose to stay at oppose her out of spite. i'm not afraid of her since i can activate the lawsuit at anytime, and if she fires with me without cause i can sue for the whole year's worth. |
Your boss is a crook.
You must enjoy fighting. Your boss has already breached the contract. I would quit, sue for what is already owed, but not wait for the damages to get bigger. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Tue Mar 20, 2012 4:52 pm Post subject: |
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| towtansua wrote: |
| ... if she fires with me without cause i can sue for the whole year's worth. |
No you can't. Under Article 30-3 of the Labor Standards Act compensation for a unfair dismissal is limited to the period between the dismissal and when the remedy was ordered. In other words you can collect the wages that would otherwise have been paid to you over that period but nothing else. Unless of course there are other extenuating circumstances.
http://www.scribd.com/doc/12960127/Korean-Labor-Standards-Act-amended-in-2007 |
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Wildbore
Joined: 17 Jun 2009
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| Posted: Tue Mar 20, 2012 5:18 pm Post subject: |
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| TheUrbanMyth wrote: |
| towtansua wrote: |
| ... if she fires with me without cause i can sue for the whole year's worth. |
No you can't. Under Article 30-3 of the Labor Standards Act compensation for a unfair dismissal is limited to the period between the dismissal and when the remedy was ordered. In other words you can collect the wages that would otherwise have been paid to you over that period but nothing else. Unless of course there are other extenuating circumstances.
http://www.scribd.com/doc/12960127/Korean-Labor-Standards-Act-amended-in-2007 |
Yes he can. A judge can award damages above what the labor board has already ordered. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Tue Mar 20, 2012 5:34 pm Post subject: |
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| Wildbore wrote: |
| TheUrbanMyth wrote: |
| towtansua wrote: |
| ... if she fires with me without cause i can sue for the whole year's worth. |
No you can't. Under Article 30-3 of the Labor Standards Act compensation for a unfair dismissal is limited to the period between the dismissal and when the remedy was ordered. In other words you can collect the wages that would otherwise have been paid to you over that period but nothing else. Unless of course there are other extenuating circumstances.
http://www.scribd.com/doc/12960127/Korean-Labor-Standards-Act-amended-in-2007 |
Yes he can. A judge can award damages above what the labor board has already ordered. |
This is NOT the U.S or Canada. It doesn't work quite like that here. The labor board has jurisdiction over labor issues and courts would get involved in case of the employer refusing to honor the labor board decision.
Although if you have any basis for your above claim that the KOREAN courts would allocate extra damages to the plantiff in a case where there are no extenuating circumstances (as I said before) feel free to post it. |
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fosterman
Joined: 16 Nov 2011
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| Posted: Tue Mar 20, 2012 5:56 pm Post subject: |
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looks like clause 7-TAX is very vague and that is where they screw you.
refuse to go into work until you paid. play hard ball with her.
let her fire you. don't leave the apartment, let the police come, keep being a SOB, until you gives you what you are owed.
let her know she met the wrong foreigner to play with. |
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