Korean Job Discussion Forums

s.tickbeat · Joined: 21 Feb 2010 Location: Gimhae

So here's the scoop: my director hasn't registered me at the NPS, which at this point (Jan 1st start date) means that they don't plan to. My contract never really mentions whether I'm an employee or a sub-contractor, except at the end when they ask for the signature of the employee.

It's a little bit my own damn fault, since the contract doesn't mention pension deductions, just sort of took it for granted.

Anyway, so I'm 5 months in and once I pass the 6-month mark I plan on going to my boss and, using polite, submissive, 'it's not your fault but my predesesor really misled me about the contract and without the pension refund this contract really isn't worth it for me' basically saying 'pension or LOR.'

Anyone have any advice at all on a) the legality of my boss withholding pension, or b) the best, most face-saving way to go about negotiating the pension or LOR deal?

-- as an aside, finishing this contract really ISN'T worth it without the pension, due to other factors--

s.tickbeat · Joined: 21 Feb 2010 Location: Gimhae

P.S: Letter of release - with this document, do I still need to do all my paperwork again? I'm particularly concerned about the CBC due to the time involved.

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

The school wouldn't give you pension. You would go to the pension office. If they haven't registered you with them, then it is difficult to say your chances on collecting from them.

Maybe you can show the contract, and they will help.

The LOR is only if you plan on leaving the school. You don't have to wait 6 months.

s.tickbeat · Joined: 21 Feb 2010 Location: Gimhae

Don't they HAVE to give us the LOR after 6 months, though?

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

plchron · Joined: 26 Feb 2011 Location: Korea

you can blackmail them with the pension thing. say, "Either you give me the LOR or we both get docked on pension" (but you would get it all back).

s.tickbeat · Joined: 21 Feb 2010 Location: Gimhae

With the LOR thing, can I cancel my visa myself (by, say, leaving the country) or is that something only our bosses can do?

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

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

s.tickbeat · Joined: 21 Feb 2010 Location: Gimhae

So, in the very worst case scenario, I can do the following (assuming docs are in order):

1) gather documents.
2) find a generous, lovely friend to stay with and/or leave my stuff with
3) Change visa status to D10, cancelling my E-2
4) find job
5) Give documents to new employer in-person with contract, wait for E-2 number, and then take a jolly fun trip to somewhere else for a week while I get a new visa in my passport.

Or, some variation thereof?

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

End of contract OR with an LOR you can get the D10 or simply transfer to a new job. Easy as stepping off the curb and walking into the immigration office.

NOT at the end of the contract AND without the LOR you will need 2 trips out of the country and a full set of docs. Not easy, not cheap and issues can arise to bite you in the ass.

.

s.tickbeat · Joined: 21 Feb 2010 Location: Gimhae

ttompatz, you are just magical, and I don't think you quite get enough appreciation on these boards. Thanks for the help!

luckylady · Joined: 30 Jan 2012 Location: u.s. of occupied territories

I'd be really surprised if you get that LOR - your dir will now have to bring in a new teacher and start over - chances are he'll just fire you owing you money

I was on an interview once and the outgoing teacher had recommended me to the director so I was pretty much a shoo-in - then I asked about insur and pension and he burst out laughing saying he never paid those things. needless to say, I turned it down.

maybe your dir is the same way. you might think about a midnight run so at least you'll get your last paycheck.

Troglodyte · Joined: 06 Dec 2009

If it's coming up soon, then wait for the 6 month mark. It makes it a little harder for the boss to fire you without notice. If he does fire you without notice, then you can complain to the labor board about it (he has to give you 30 days notice) and in that case immi might give you a D10.

When you've completed 6 months, then just go to the pension office and ask them to intervene. The boss will likely rant and rage about it. If possible, try to record your conversations with him. If he doesn't pay you for your last salary then you can also tell the labor board about that. In that case you can get another visa to prolong your stay in Korea while you supposedly deal with that issue.

Worse case scenario is you get fired and immi doesn't give you a D10. Best case scenario, he fires you without just cause and without due notice, the labor boys agree with you, and immi gives you a D10.

In any case, the boss isn't likely to give you a LOR unless your willing to negotiate it in exchange for your pension (which you can then ask the pension office to deal with anyway).