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Legal issues with the pension benefits? Is it mandatory?
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proverbs



Joined: 28 Apr 2009

PostPosted: Thu Jun 21, 2012 1:21 am    Post subject: Legal issues with the pension benefits? Is it mandatory? Reply with quote

So I know this topic has been thrown around before, but I'm still not quite clear on this.

So a hagwon is not legally required to hire you as a "Teacher", and can hire you as an "Independent Contractor", correct? Which means that the benefits that are required would be different, right?

So, is there any benefits to being hired as a "real" employee or an independent contractor? If I'm hired as a NET, do I legally have to be hired as an employee?

I was recently offered a job at a school which seems to have a great work environment and nice hours. The school offered a nice salary, too. However, they do not offer a pension plan. They offered me 200,000 more than what I was expecting, which is more than the 4.5% pension I would have got. They are giving me all the other benefits, so all I'll be losing out on is the pension. I emailed 2 of the current teachers there, and 1 was hired awhile back when the school offered the pension, but the more recent teacher said he was not receiving the pension and didn't mind because he was getting paid more. They both had positive things to say about the school.

Is this something I should avoid?
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BigBuds



Joined: 15 Sep 2005
Location: Changwon

PostPosted: Thu Jun 21, 2012 1:35 am    Post subject: Reply with quote

Calculate the pension as 9% because you school has to match your 4.5% and you get it all back.

Also, if they aren't paying pension you will not be receiving health insurance either as they are both linked. Can't have one without the other.

So if you are being offerred 200K more than you expected it may or may not cover what you get back from the pension office. And the pension gets interest as well.

And remember, if you get sick it will cost you.

In the long run, it's better to be an employee than an independant contractor.

With only 200K extra, you are still coming out behind.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Thu Jun 21, 2012 4:35 am    Post subject: Reply with quote

Plus being hired as an independent contractor also raises your tax rate to 3.3%. If a proper employee it would be lower the 3.3%

As mention no pension, means no health insurance. Linked. Next, pension is 9 percent contributed 50/50 by both sides. You are likely loosing out on that if you get money in return at the 4.5.

Why do you not want pension. For some people the can not collect. New Zealand and England if I am correct. South Africans do not have to pay.

Still even if you are a independent contractor you are by LAW obligated to register for pension and health insurance. Worse off for you is your are 100% responsible for payments. Thus if proper employee you would pay 4.5 percent for pension, but as an IC you pay all 9 percent. Same with health, sorry forgot the rate.

Can you get away without registering. Yes, but if things come up and you are caught you can expect to pay back pension and health for the months you are not enrolled in.

Plus if a job is showing that they are willing to cheat the government, shows they will gladly cheat you too. I would even be suspicious on the money the collect for taxes.

Do not walk blindly into an IC contract. For some people it can work, for others it means troubles.
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bojangles



Joined: 19 Feb 2011
Location: south jeolla

PostPosted: Thu Jun 21, 2012 5:10 am    Post subject: hey Reply with quote

BigBuds wrote:
Also, if they aren't paying pension you will not be receiving health insurance either as they are both linked. Can't have one without the other..


How do you know this?
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Thu Jun 21, 2012 5:42 am    Post subject: Reply with quote

Can not find a government site referencing the linking. Still looking. It is more of information sharing. When one department gets informed the other gets notified, too.

Found it...
http://english.nps.or.kr/jsppage/english/scheme/scheme_02.jsp
Top of the page. and quoted...

Quote:
Since the relevant Acts were amended, the National Health Insurance Corporation (NHIC) will collect contributions for all social insurance programs (National Pension, Health Insurance, Employment Insurance, Industrial Accident Compensation Insurance) from Jan. 1, 2011.
Therefore, administrative affairs related to collecting contributions such as the issuance of notices for the payment of contributions determined by the NPS, solicitation for the payment and disposition for arrears, will be conducted by the NHIC.
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bojangles



Joined: 19 Feb 2011
Location: south jeolla

PostPosted: Thu Jun 21, 2012 6:26 am    Post subject: a-ha Reply with quote

Thanks,

So any job offering medical without Pension is BS,..?

I've seen a lot of jobs that offer Medical but no Pension.

I thought it was just a part of cut-backs.

But it appears that it is illegal and that it will catch up with you.

Is that right?
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Thu Jun 21, 2012 6:41 am    Post subject: Re: a-ha Reply with quote

bojangles wrote:
Thanks,

So any job offering medical without Pension is BS,..?

I've seen a lot of jobs that offer Medical but no Pension.

I thought it was just a part of cut-backs.

But it appears that it is illegal and that it will catch up with you.

Is that right?


General sense - yes BS. In a detailed sense, well...
The job might be okay and fine. But if they are not offering pension or health or both, the school is likely operating a bit dodgy wise. Many schools continue to offer these deals and do them, is because they continue to get uninformed or lazy suckers.

Do not do just give up, but do your due diligence and use your brain.

Job that offer just medical are either going to likely do one of four things.

1) Get you enrolled with private insurance, which will not cover you.
2) forget to mention it, then when you do, stall enrolling. Then start ya-ya-ing you till you either forget or give up.
3) Offer the nudge nudge wink wink system. Which for really healthy people comes to if you visit the doctor we will pay half. Unsaid is if the visit is really expensive expect us to refuse and/or let you go.
4) Sign you up as an IC, then pay you their half of "supposed" health insurance. Leaving the the other half and full pension in your hands to deal with.

The key is to get details.... check out the contract and get details. Second key is the only person watching out for you is YOU. The more responsible you are for yourself the less cheated you will be. Do not rely on schools to do stuff for you.
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bojangles



Joined: 19 Feb 2011
Location: south jeolla

PostPosted: Thu Jun 21, 2012 7:01 am    Post subject: private insurance Reply with quote

"1) Get you enrolled with private insurance, which will not cover you."

Why won't they cover you?
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Thu Jun 21, 2012 8:47 am    Post subject: Re: private insurance Reply with quote

bojangles wrote:
"1) Get you enrolled with private insurance, which will not cover you."

Why won't they cover you?


Damn you Bojangles. Ya keep pestering me. Do I have to keep proving myself to ya. I thought I could get away without adding I think to number one. Argh. More research to be done.

Honestly truth be told I do not not have the details on if private insurance will cover if used alone. I believe that private insurance will not work.

Everyone (Koreans and registered foreigners) is to be sign up for the NHIC. Some exceptions can be made, but most go with public. I am certain private insurance is used to supplement. Worried about cancer, then pay for private and if god forbid you ge,t you will not pay out as much. NHIC only pays a certain amount if covered. Still NHIC required by law. If you do not have it then you are not covered. Maybe the insurance company can revoke your plan for breaking the rules. I guess.

As I said more research has to be done.
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proverbs



Joined: 28 Apr 2009

PostPosted: Thu Jun 21, 2012 12:07 pm    Post subject: Reply with quote

Thanks for all the input everyone.

The insurance company that will provide my coverage is LIG Insurance.

I looked at the Contracts Review thread and saw many of the contracts are similar to mine -- they mention the private insurance company that will provide the medical, but they don't have any clause for pension.

But the 'back pay' issue got me curious. So if I decide to work another year after my contract ends, will I have to back pay for the year I didn't receive health insurance from the NHIC and the pension?
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proverbs



Joined: 28 Apr 2009

PostPosted: Thu Jun 21, 2012 3:52 pm    Post subject: Reply with quote

Where's the ttompatz when ya need him?!
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Wildbore



Joined: 17 Jun 2009

PostPosted: Thu Jun 21, 2012 9:30 pm    Post subject: Reply with quote

If a foreigner has health insurance through his contract, or health insurance provided by his country, he/she will exempt from registering with the NHIC.

The law is on the NHIC website.

However, the NHIC is generally considered to be the best general coverage.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Thu Jun 21, 2012 9:51 pm    Post subject: Reply with quote

Wildbore wrote:
If a foreigner has health insurance through his contract, or health insurance provided by his country, he/she will exempt from registering with the NHIC.

The law is on the NHIC website.

However, the NHIC is generally considered to be the best general coverage.


Ya having insurance from another country is possible.

Yea, when I mean private I mean private Korean. NHIC has the best coverage and likely the best prices. I hear policies from other countries can be a little pricey.
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BigBuds



Joined: 15 Sep 2005
Location: Changwon

PostPosted: Fri Jun 22, 2012 1:29 am    Post subject: Re: hey Reply with quote

bojangles wrote:
BigBuds wrote:
Also, if they aren't paying pension you will not be receiving health insurance either as they are both linked. Can't have one without the other..


How do you know this?


Because I've been here over ten yeaars, own a hagwon and a recruiting company, and use to work with EFLLAW.com helping fight for teachers rights.
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bojangles



Joined: 19 Feb 2011
Location: south jeolla

PostPosted: Fri Jun 22, 2012 4:53 am    Post subject: Re: hey Reply with quote

BigBuds wrote:
bojangles wrote:
BigBuds wrote:
Also, if they aren't paying pension you will not be receiving health insurance either as they are both linked. Can't have one without the other..


How do you know this?


Because I've been here over ten yeaars, own a hagwon and a recruiting company, and use to work with EFLLAW.com helping fight for teachers rights.


No pension means no health coverage through NHIC. But it appears there are private companies that provide health insurance. It appears that you can have health coverage with no pension.
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