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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Tue Mar 27, 2012 8:18 am Post subject: Re: New job says: Wait 3 months for insurance? |
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| zoeksk wrote: |
My director pulled me aside today (its my third day at work, second day teaching) and asked if I was free on saturday to go with her to the hospital to get my health check for the ARC (I had plans but I'll change them)
I thought this was good until she said that she had spoken to her accountant and he said until I have my ARC it costs too much for insurance, so when I get my ARC (which she says takes 3 months) THEN she will pay for the insurance. In the mean time she says she will pay 50% of any doctors fees I inccur.
She then said something about my tax is only 3.3% so this way I get to keep more money.
Please can someone confirm this is the right amount of tax to pay and whether waiting 3 months for an ARC and insurance is normal. |
First of all, take a deep breath and relax.
Here you are in Korea. You've got your visa, you got your flight here, you like your school, job and boss (so far), you've got a place to live that you like and food to eat.
Now, you've found that something isn't quite what you thought. It's very possible that your boss plans to register you as an Independent Contractor (IC). This could cost you some money or not (we haven't seen your contract, you should post it in the contract review thread and tell us here that you did).
Next, staying relaxed, let's talk about this IC stuff.
Despite any comments from anyone else, at the present time in Korea, it is Perfectly Legal for an E2 Visa Holder to Work as an Independent Contractor. There is no law, rule or court ruling that prohibits E2 teachers from being ICs. This could change in the future, but for now those are the facts.
Here are some Relevant Threads if you want to spend time on it:
http://forums.eslcafe.com/korea/viewtopic.php?t=210465&postdays=0&postorder=asc&start=0
http://forums.eslcafe.com/korea/viewtopic.php?p=2687780&highlight=#2687780
Of course, it is possible that your boss hasn't properly followed the rules to legally register you as an IC. We'd need more information and to see your contract. But, it doesn't really matter. If you like your job and all the other conditions are good, you may want to accept this situation - at least for a while. It could be that you're making more than enough extra to compensate for the costs of being a legal IC.
Even if you are losing money, you will lose more if you just quit and run home. If you stay you will have time to find a new job and make a smooth transition. Paying for a plane ticket home in addition to the flight here is probably a bigger loss. So, as long as your job and housing are OK, stick with it for a while.
In any case, as a legal IC you have to register yourself for both Health Insurance and Pension. The loss to you is that you have to pay the full amount and your boss doesn't pay half. So, you lose about 7.5% of your pay each month if you pay these things.
Yes that's a big number so if this wasn't in your contract or if your pay isn't higher to compensate you are being cheated - it could be 2 million won over the course of a year.
Being an IC also means that you should pay 3.3% for Income Tax withholding. As an employee your withholding rate likely should be well under 2%. However, the actual tax rate you have to pay to the Korean government in the end are the same for ICs and employees - as an IC you may even qualify for more deductions and pay less.
Being from England and an IC, you may try not to pay for Pension at all. If you try to pay for health insurance and not pay pension you could get caught and have to pay both anyway - and you could be fined.
As an IC, you have to wait 3 months to be enrolled for Health Insurance. If you were an employee you could be enrolled as soon as you get your ARC.
Since you reported having to wait 3 months for health insurance and paying a 3.3% withholding tax rate, we can all guess that your boss is planning to register you as an Independent Contractor. From your confused and surprised tone, we can guess that your contract doesn't mention this and that it may be your boss is not being totally honest with you.
(Since your boss mentioned that it was her accountant that told her this is the way to do things, it is possible that your boss is not fully aware of all the facts and differences between being an IC and an employee, especially regarding tax withholding. Many accountants in Korea are misinformed about withholding rates when it comes to foreign workers. Accountants here seem a bit agressive when it comes to maximizing the cash that their client will eventually get to keep without regard to what is legal or what will cause management problems with employees. Also, many public accountants here tend to treat female business owners in quite a condescending manner and will not listen to women who object to their way of doing things. So, I will not assume that your boss is a crook, since it really could be her pushy accountant, but it looks and smells like it - and for small money too.)
About your Alien Registration Card (ARC):
When you come to Korea, Immigration requires that you register with them if you stay in Korea beyond 90 days. This is why you always hear that you have 90 days to register with Immigration and get your ARC. To be able to register with Immigration to work in Korea and stay beyond 90 days you need a special visa that authorizes you to work, of which there are many. Most teachers come here on the E2 visa. This only gets you in the door and allows you to stay. It does not allow you to teach.
To legally be a teacher in Korea you need to be registered with the MOE (Ministry of Education) at your local Education Office - Koreans and Foreigners need to do this. The rule at the Education Office is that you have to register with a copy of your ARC and passport within 2 weeks of your first day at your school.
So, in reality, you have only 2 weeks from your arrival to get your Health Check, apply for and receive your ARC.
Two weeks is enough time to get your health check and get your ARC. You should do this ASAP and ask about registering with the local Education Office (MOE).
You need your ARC to be registered for Health Insurance, Pension and with the Tax Office and it's convenient for opening bank accounts as well, so getting it quickly is important. And you will need it eventually when you decide you're ready to quit and get a new job.
Remember: Stay calm. Plan ahead. Do not confront your boss aggressively. You should get as much as you can from this job, stay as long as you like and leave when it suits you. Stay cool and you can.
Good luck. |
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broken76
Joined: 27 Jan 2008
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Posted: Tue Mar 27, 2012 12:59 pm Post subject: |
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Lately it takes roughly 6 weeks for a new teacher to receive their ARC card and number. 1-2 weeks for the medical and results and 4 weeks for the ARC. The ARC used to be processed by immigration directly which was fairly quick but now is processed by district offices which takes 4 weeks. Getting insurance set up after the registration information come out takes about 2 weeks.
As for insurance 3 months after you start working that is pretty standard business practice here in Korea (as well as the US) when it comes to employment. Most schools don't both with it but for other businesses it is normal practice for new employees.
In most cases insurance is retroactive though. After you are enrolled you will most likely pay for the first 3 months and if you did have any medical costs that would have been covered under insurance you will be refunded. |
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zoeksk
Joined: 21 Jan 2012
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Posted: Tue Mar 27, 2012 3:20 pm Post subject: |
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Thanks for the links and advice ontheway, I can never search on Dave's for some reason, and knowing that it is actually legal at least gives me the option to stay if everything else is ok.
My contract does not mention a pension at all, but it does say health insurance will be covered 50% by me and 50% by employer. Throughout the contract I am referred to as 'an employee of the institute' but the tax section says 'Income tax required by the Tax Law (approximately 3.3% which may be adjusted on the changes of the Tax Law)' [sic]
My salary is 2.2 a month, but like I mentioned earlier I have the easiest schedule imaginable and only 18hours of actual teaching. In the time I'm not teaching I have an office to chill out in, and I don't have to do anything work related- although I have been using this time to make notes on the material so that I'm prepped for all classes. Although this means that essentially I will never accrue any over-time I think thats a pretty small price to pay.
I haven't decided anything, I think the important thing is to get my ARC sorted asap and I can use this as a conversation starter "The guy I collected my ARC from gave me a ton of information on my health insurance, tax and pension isn't that great?"
Hopefully it will all work out, and I will just have it written into my next contract "the employee will be registered by the employer as an employee with the tax office and pension office, and will not be registered as an independent contractor" that way if this happens again i will have something non-ambiguous to refer to.
Thanks everyone who has commented on this, I will update as when more information comes to light, if you have any more advice please let me have it, I'm interested in peoples opinion too: What would you do in this situation? |
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hogwonguy1979

Joined: 22 Dec 2003 Location: the racoon den
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Posted: Tue Mar 27, 2012 3:29 pm Post subject: |
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ontheway you lie more than Mitt Romney what are you a shill for a hogwon who is practicing this form of rip off?
I did some checking and in order to get an E2 approved by immig, before the employee applies for it, they must guarantee the foreign employee will be a "regular employee" enrolled in pension (unless South African) and NHIC, this is done so if the employee gets sick etc here the govt isnt on the hook for all their medical expenses (see Bill Kapoun). If an employer tells immig they will be an IC THEY WONT approve the visa app (of course they dont do this so they can get it approved since once the visa is issued immig doesnt really seem to care)
I bet the OP's contract says he cant work for other places and is tied to his one place of employment (without permission of the employer and immig for the second gig) and if asked I'd bet the ranch the employer would say no anyhow so he can't be an IC because he cant get permission to work other places.
This little scheme saves an employer around 150-200k month multiply that by the number of employees and in a business where the profit margins are thin it makes a lot of money for the employer.
People need to be aware of this scheme as its not being advertised in ads which say low taxes and low insurance premiums.
If I was the OP and I was being told I was being considered to be an IC I'd make damm sure I could do outside jobs and if not I'd bail |
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Modernist
Joined: 23 Mar 2011 Location: The 90s
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Posted: Tue Mar 27, 2012 8:15 pm Post subject: |
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Others have laid out the issues quite effectively, but I would like to emphasize one point to the OP, and that is about the health insurance issue.
Your director is acting like a 50/50 payment on health coverage is a good deal. That is absolutely false, if anything serious happens to you paying 50% of the uninsured cost will flatten you. And if you are just thinking, 'oh, I'll be careful and it'll be fine' you need to open your eyes. How you act is only half the equation. It's how other people act that you should be worried about. Crazy drivers blowing stoplights. No warning signs for slippery areas. Sloppy construction workers. A million others.
Last year, only about 9 weeks into my contract I had a nasty fall coming down a small hill after a storm in Seoul. I just unfortunately landed really hard right on my hip and fractured my femur head. This even though I am a vigorous hiker who had never tripped over anything before, on mountains or steep trails or while jumping or whatever. I needed inpatient surgery within 24 hours to save my joint, plus a week in the hospital, plus follow-ups, plus medication, plus crutches for a month. I only paid ~700,000 for all of this. Without insurance I believe the bill would have been between 6 and 8 million. So if my boss 'generously' offered to split that 50/50 in exchange for forgoing NHIC, well, I think you can see why I would decline.
Forget her being 'nice'. Hagwons are all about business. She's trying to line her pockets at your expense. Don't be a doormat and let her get away with it. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Wed Mar 28, 2012 7:09 am Post subject: |
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| broken76 wrote: |
Lately it takes roughly 6 weeks for a new teacher to receive their ARC card and number. 1-2 weeks for the medical and results and 4 weeks for the ARC. The ARC used to be processed by immigration directly which was fairly quick but now is processed by district offices which takes 4 weeks. Getting insurance set up after the registration information come out takes about 2 weeks.
As for insurance 3 months after you start working that is pretty standard business practice here in Korea (as well as the US) when it comes to employment. Most schools don't both with it but for other businesses it is normal practice for new employees.
In most cases insurance is retroactive though. After you are enrolled you will most likely pay for the first 3 months and if you did have any medical costs that would have been covered under insurance you will be refunded. |
Each Immi office is different, so your experience is what it is.
The newest teacher I know here came a few weeks ago. He got his ARC and was registered with the Education Office, Health Insurance, Pension, and got a bank account and cell phone all within 2 weeks of starting at the school. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Wed Mar 28, 2012 7:25 am Post subject: |
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| hogwonguy1979 wrote: |
| ontheway you lie more than Mitt Romney what are you a shill for a hogwon who is practicing this form of rip off? |
Everything I wrote was 100% true and correct. (Don't know about Romney.)
I gave the OP very good advice, including that the OP should look out for their own interests and not go off half cocked. Instead they should figure out their own best option and quit on their own schedule in order to maximize their own benefit and financial situation.
This, of course, is adult advice which is probably why it seems strange to you.
| hogwonguy1979 wrote: |
| I did some checking and in order to get an E2 approved by immig, before the employee applies for it, they must guarantee the foreign employee will be a "regular employee" enrolled in pension (unless South African) and NHIC, this is done so if the employee gets sick etc here the govt isnt on the hook for all their medical expenses (see Bill Kapoun). If an employer tells immig they will be an IC THEY WONT approve the visa app (of course they dont do this so they can get it approved since once the visa is issued immig doesnt really seem to care) |
Sorry, but now who is lying. There is no such Immigration rule or guarantee. Either you or your source is lying or totally misinformed.
Immigration approves contracts that flatly state that the teacher being sponsored is an Independent Contractor, with those words in the contract.
IC rules are made by the tax office, Immigration has no authority in this area and they cannot reject the application for that.
Further, since ICs are required to register themselves for Pension and Health Insurance, a legal IC worker, (Korean or foreign, E2 teacher or whatever) will have Pension and Health Insurance. Being an IC only means that the individual must make the full payment and the business, school or sponsor does not have to pay half.
| hogwonguy1979 wrote: |
| I bet the OP's contract says he cant work for other places and is tied to his one place of employment (without permission of the employer and immig for the second gig) and if asked I'd bet the ranch the employer would say no anyhow so he can't be an IC because he cant get permission to work other places. |
It is the law that requires permission of the employer and Immigration for the IC or employee to add additional workplaces to their ARC.
You should note that the form is for additional "workplaces" and not additional "places of employment."
| hogwonguy1979 wrote: |
| This little scheme saves an employer around 150-200k month multiply that by the number of employees and in a business where the profit margins are thin it makes a lot of money for the employer. |
Yes it does. Which is why I gave the adult advice to the OP to think about their situation carefully, and choose accordingly. The OP will lose about 7.5% of their salary each month. Quitting suddenly will cost many times that amount. Instead the OP should keep the job and use the time here to look for a better job and then make a smooth transition.
The OP may be able to get a release letter and make a smooth change and stay fully employed and lose only a small amout of money for a shor time. Or the OP might need to get new documents and make a visa run.
You would advise screaming and ranting? Being fired or quitting? Flying home with no airfare and losing the incoming airfare? Then being unemployed for months while obtaining new documents and finding a new job?
| hogwonguy1979 wrote: |
| People need to be aware of this scheme as its not being advertised in ads which say low taxes and low insurance premiums. |
Yes they do need to be aware of the IC contract and that sometimes it's legal, sometimes it's not and sometimes it's hidden in a fraudulent way, although there are usually clues.
They should read Daves' and they should understand that being an IC is legal if done properly, so they don't look like fools screaming that it's illegal and losing out on good opportunities because they alienate potential employers and good recruiters with other options.
| hogwonguy1979 wrote: |
| If I was the OP and I was being told I was being considered to be an IC I'd make damm sure I could do outside jobs and if not I'd bail |
You'd lose a lot of money.
Hopefully the OP is wise and will follow adult advice. |
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