Korean Job Discussion Forums

[big_fella1]

To all newbies, ask these questions to you recruiter:

1. Where does it say tax law takes precedence over labour law, the national health act, and pension law?
2. Name one good hagwon job that won't pay your airfare upfront?
3. Name one good hagwon job that treats E2s as independent contractors?
4. Where does it say that the E2 an employment visa can be used by contractors?

Are these questions too hard? Let me help you:
1. Nowhere, all laws apply in all employment situations. Working in a hagwon is an employment situation. The pension office are lazy but the other agencies are on the employee/illegally called contractors side;
2. There are none. Try EPIK, GEPIK or some of the regional public school jobs if you want to pay your airfare upfront and be reimbursed;
3. None for a newbie;
4. Nowhere, being a contractor on an E2 is illegal even though enforcement is unlikely.

But let's leave the final word to a person on Daves who defends IC status:

[Wildbore]

onetheway is RIGHT. It is legal to be an E2 and be an independent contractor.

The problem is the FRAUD committed by Hagwons when it comes to accurately REPORTING to the tax/health/pension office whether someone is truly an employee or contractor.

Many Hagwons are cheating workers, knowingly and unknowingly, to save more money. Welcome to Korea, as far as problems go, this is hardly an important one.

What I care about and what most teachers should care about is 1) do I get paid on time and in full. I could care less about not getting a pension if the wage is increased to make up for that.

And BTW, I was an "employee" at my last Hagwon and they underreported my income and stole most of my pension deduction, and paid me 3 weeks late constantly, and made other random deductions. After that I didn't really didn't think being an "employee" was better or made that much of a difference. Took my 4 trips to the Labor Board and 2 trips to the pension office to get what I was owed.

Welcome to life, I took a job at my friends Hagwon as a "contractor," and I'm not gonna complain because I make more money and don't worry about getting paid on time or in full.

You do whatever you want, but once you accept Koreans are crooked business people and the bureaucrats are lazy tards that won't enforce jack, then you will understand why none of this will change, and why the burden is on the ESL teacher to find a good place to work, whether classed as a contractor or not.

[ontheway]

BigFella fails to comprehend a basic principle of the law:

Everything is legal until it is prohibited or regulated by some law or agency.


There is no law, rule or regulation that prevents or prohibits E2 visa holders from working as Independent Contractors in Korea.

If there was, BigFella could post it. But here is what he has posted to show that it is illegal to be an E2 visa holder and an IC:

[Voyeur]

From an employee's point of view, all that really matters is transparency. An IC contract can be better, so long as it isn't being used to obfuscate what is actually a lower total compensation.

Points to consider include:

* I'm not sure you are taxed on the free housing portion of your compensation, and may be taxed less on the returned pension match

* tax rates might be different for employees and ICs--even at the same level

Provided that everything is above board, and IC contract typically allows more freedom with your housing, tends to make you less vulnerable to overworking (they pay you per hour), and most of all, doesn't backload your pay. You aren't waiting for a pension return or hoping you don't get fired before severance.

[hogwonguy1979]

[Wildbore]

[CentralCali]

What? Do you think anyone in a Korean government office actually reads your contract? That's a hoot! If they read it, that would slow them down. And that would be the case especially if they discovered at the pension and tax offices that your salary is actually twice what the boss reported.

Of course the boss knows the stunt's not kashrut. That's why he's being so dishonest about everything involved with it.

[ontheway]

[ontheway]

[World Traveler]

[bobbybigfoot]

[big_fella1]

[smithy]

Would a former IC who hadn't contributed to Health/Pension for the duration of their visa be able to enter on a new E-2 without repaying the contributions from the previous visa?

[big_fella1]

[smithy]

[quote="big_fella1"]