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big_fella1
Joined: 08 Dec 2005
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 Posted: Thu May 09, 2013 2:32 am Post subject: |
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[quote="smithy"]
| big_fella1 wrote: |
| smithy wrote: |
If we're talking a year that ended recently it could be worth the risk in that you could probably still chase your previous employer. If you're talking more than a year or multiple previous employers Korea may not be a good choice. |
You mentioned that I could 'chase my previous employer'. I was under the understanding that they could only be chased for their contributions, not for the ICs. Is that wrong?
The situation is this - contract clearly states employee, registered as an IC. Looking for a new job in Korea but don't really want to pay back the contributions. What are the options? |
First I'm not a lawyer in Korea or in any jurisdiction. I am interested in this topic as you can tell by the fact I started it.
I've found the answer in Korea is like many things, it depends. I knew an American, close to retirement age and in his contract there was no pension, tax or health insurance paid as he was an independent contractor. He filed a complaint with the Labor Board in his last month. The investigator was having none of this Independent Contractor nonsense and basically extorted the employer to repay all the money to the employee with interest and reimburse his medical expenses for the year. Yet I have heard of other investigators accepting that the contract says Independent Contractor, which means you need to appeal through the courts. With one lawyer for every 7000 Koreans (compared with 1 to 250 Americans) this is where things can get expensive. My suggestion was when people finish their job they should use the remaining time on their visa to file a complaint with the Labour Board, but if you find a bad/lazy inspector/s after you've shopped around, you probably have to chalk it up to experience.
The Supreme Court of Korea has ruled on Independent Contractors contracts not being the issue, but the actual nature of the agreement which was the advice of the lawyer I quoted many pages ago.
How much health insurance do you owe and is it worth paying that amount to come and work in Korea is what you need to ask yourself.
Good luck |
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smithy
Joined: 17 Aug 2009
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| Posted: Thu May 09, 2013 2:44 am Post subject: |
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Very interesting, thanks.
I'm in Korea, and I've been employed in this IC situation for a little over 18 months. Contract is coming up for renewal next month but I'd like to move on. The way I'm thinking about it though, is it worth paying 18 months worth of contributions to move on to a new position? |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu May 09, 2013 8:11 am Post subject: |
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| big_fella1 wrote: |
| smithy wrote: |
| big_fella1 wrote: |
If we're talking a year that ended recently it could be worth the risk in that you could probably still chase your previous employer. If you're talking more than a year or multiple previous employers Korea may not be a good choice. |
You mentioned that I could 'chase my previous employer'. I was under the understanding that they could only be chased for their contributions, not for the ICs. Is that wrong?
The situation is this - contract clearly states employee, registered as an IC. Looking for a new job in Korea but don't really want to pay back the contributions. What are the options? |
First I'm not a lawyer in Korea or in any jurisdiction. I am interested in this topic as you can tell by the fact I started it.
I've found the answer in Korea is like many things, it depends. I knew an American, close to retirement age and in his contract there was no pension, tax or health insurance paid as he was an independent contractor. He filed a complaint with the Labor Board in his last month. The investigator was having none of this Independent Contractor nonsense and basically extorted the employer to repay all the money to the employee with interest and reimburse his medical expenses for the year. |
In other words, since the IC status was legal, the investigator could not force the school to sign up for or make payments to the health insurance or pension offices under the law. However, since the labor office has some power of its own, unrelated to Health ins and Pension, he could extort some payment toward medical costs (which may have been mentioned under the contract anyway as it usually is). Likewise, it is easy to require repayment of amounts withheld that were not paid in, as a court would automatically approve that.
| big_fella1 wrote: |
| Yet I have heard of other investigators accepting that the contract says Independent Contractor, which means you need to appeal through the courts. |
... They are following the law and these things are not under the jurisdiction of the Labor Office. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu May 09, 2013 2:17 pm Post subject: |
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| smithy wrote: |
| big_fella1 wrote: |
If we're talking a year that ended recently it could be worth the risk in that you could probably still chase your previous employer. If you're talking more than a year or multiple previous employers Korea may not be a good choice. |
You mentioned that I could 'chase my previous employer'. I was under the understanding that they could only be chased for their contributions, not for the ICs. Is that wrong?
The situation is this - contract clearly states employee, registered as an IC. Looking for a new job in Korea but don't really want to pay back the contributions. What are the options? |
First off, if you are from a country that allows you to get your pension money refunded when you leave Korea, then you will come out ahead in the end, even if you end up being required to backpay both your Pension and Health Insurance to the beginning of your first job in Korea.
When you change jobs to a job that registers you for both Health Ins and Pension, there is a strong likelyhood that you and your former boss will be investigated as to why you weren't registered previously. If you were legally registered as an IC, without regard to your contract, they will not pursue either of you. If, however, you were not registered at all, which is common in cases such as yours, then both the Health Ins office and Pension office will typically want back payments. In some cases, especially if both you and your old boss both object to the back payments, they may be willing to begin your enrollment with the first day of your new job. |
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big_fella1
Joined: 08 Dec 2005
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| Posted: Thu May 09, 2013 4:50 pm Post subject: |
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| ontheway wrote: |
| smithy wrote: |
| big_fella1 wrote: |
If we're talking a year that ended recently it could be worth the risk in that you could probably still chase your previous employer. If you're talking more than a year or multiple previous employers Korea may not be a good choice. |
You mentioned that I could 'chase my previous employer'. I was under the understanding that they could only be chased for their contributions, not for the ICs. Is that wrong?
The situation is this - contract clearly states employee, registered as an IC. Looking for a new job in Korea but don't really want to pay back the contributions. What are the options? |
First off, if you are from a country that allows you to get your pension money refunded when you leave Korea, then you will come out ahead in the end, even if you end up being required to backpay both your Pension and Health Insurance to the beginning of your first job in Korea.
When you change jobs to a job that registers you for both Health Ins and Pension, there is a strong likelyhood that you and your former boss will be investigated as to why you weren't registered previously. If you were legally registered as an IC, without regard to your contract, they will not pursue either of you. If, however, you were not registered at all, which is common in cases such as yours, then both the Health Ins office and Pension office will typically want back payments. In some cases, especially if both you and your old boss both object to the back payments, they may be willing to begin your enrollment with the first day of your new job. |
Definately some anonymous recruiter sorry poster is someone you should trust with your future. You can't be registered legally as an IC if you're an employee and you do risk having to repay at least the health insurance.
As far as anonymous recruiters sorry posters on this board, surely you are too busy sending rejection letters to the flood of applicants that you tell us exist to be posting nonsense here.
Guys if a poster is pro-hagwon, they either own one or they are a recruiter, its an easy test.
Lets face it if your school is great and you're leaving you give a friend at a bad hagwon your job and you're too busy living life to be posting on Daves. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri May 10, 2013 11:58 am Post subject: |
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| big_fella1 wrote: |
| ontheway wrote: |
| smithy wrote: |
| big_fella1 wrote: |
If we're talking a year that ended recently it could be worth the risk in that you could probably still chase your previous employer. If you're talking more than a year or multiple previous employers Korea may not be a good choice. |
You mentioned that I could 'chase my previous employer'. I was under the understanding that they could only be chased for their contributions, not for the ICs. Is that wrong?
The situation is this - contract clearly states employee, registered as an IC. Looking for a new job in Korea but don't really want to pay back the contributions. What are the options? |
First off, if you are from a country that allows you to get your pension money refunded when you leave Korea, then you will come out ahead in the end, even if you end up being required to backpay both your Pension and Health Insurance to the beginning of your first job in Korea.
When you change jobs to a job that registers you for both Health Ins and Pension, there is a strong likelyhood that you and your former boss will be investigated as to why you weren't registered previously. If you were legally registered as an IC, without regard to your contract, they will not pursue either of you. If, however, you were not registered at all, which is common in cases such as yours, then both the Health Ins office and Pension office will typically want back payments. In some cases, especially if both you and your old boss both object to the back payments, they may be willing to begin your enrollment with the first day of your new job. |
Definately some anonymous recruiter sorry poster is someone you should trust with your future. You can't be registered legally as an IC if you're an employee and you do risk having to repay at least the health insurance. |
You should definitely know better by now ...
1) It is legal to be an IC as an E2 teacher, and half of all Korean workers, according to your own source and according to the Pension office itself, are legally in the category that includes what we call ICs (the Korean meaning is actually slightly different than Independent Contractor, part of your confusion).
2) When your boss legally registers you as an employee or as an IC, nobody checks to see what your contract says. Thus, you can be legally registered as an IC even when your contract says that you are an employee or conversely.
If you are registered incorrectly according to your contract or whatever agreement you have, however, this gives you grounds for filing a complaint to get your status changed either in civil court or in some cases directly with the tax office or other agency.
Face it BigFella, you are the one who's got an axe to grind here, you've told us about your wife's situation. She's Korean, should have known better, had plenty of time to make a change, but worked as an IC legally for years and you feel some emotional need to lash out because you think she was owed more money. This is not the case of ICs being illegal, they're not, nor E2 ICs being illegal, they're not, nor of all hogwans being bad, they're not, but for your wife' sake you should go right on thinking that your wife's former boss was a crook.
Meanwhile, someone's got to present an accurate picture for the newbies, and that ain't you. What you're doing is misleading, misdirecting and hurting them.
I gave Smithy some good advice. You just ranted. |
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big_fella1
Joined: 08 Dec 2005
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| Posted: Fri May 10, 2013 3:47 pm Post subject: |
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Ontheway proof and evidence. I have provided links you provided only one to the NTS website that proved 3.3% is wrong. Thank you for that.
You personally attack me and my reading ability yet you defamed a famous lawyer in Korea through your rush to shout me down.
You cannot legally register an employee as an IC refer to The Supreme Court of Korea case in 2002, the important issue is the nature of the work, not the contract.
Ontheway you need to be honest about yourself, you post exclusively between 12am and 7.30am Korean time. You obviously aren't in Korea which means you are not an E2 teacher.
Now let me teach you some math and English 1+1 = 2 which can be referred to as a couple not several.
Unless you have a reference or you are going to be honest about your job and location for your next post don't bother.
Smithy the advice I gave you was you owe the money and someone may have to pay it. Ontheway advised you to go to the government department you owe money too and admit you haven't paid them. Up to you.
If I were you my Korean adventure would be ending and I'd be heading to China or the Middle East if I was qualified or a woman. Good luck Smithy.
I am placing a summary of the links I have provided to back my position here. Ontheway they can read for themselves, if you think I'm proving your case they will read it, unless posting a link other than to Daves Do not reply or you will seem desperate that you're trying to hide something.
What is an IC? Source:
http://www.thekoreanlawblog.com/2011/06/independent-contractors-and-obligations.html
The illegal nature of many ICs. Source:
http://www.jstor.org/discover/10.2307/40377726?uid=3738392&uid=2&uid=4&sid=21102037833831
Hiring a newbie as an IC is unethical as they can�t get health insurance. Source:
http://www.nhic.or.kr/static/html/wbd/g/a/wbdga0703_01.html
50% of employees are ICs so its okay, 42% of Americans use drugs, so using drugs in the US are okay. Source:
http://www.time.com/time/health/article/0,8599,1821697,00.html
E2�s must be employees Article 18 and 19 of the Immigration Control Act. Source:
http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan011498.pdf
Guys I'm sorry about the last one. HiKorea is ammending the working holiday visa (H2) which means we cannot get access to any visa details on the site until May 31st.  |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Sat May 11, 2013 8:20 am Post subject: |
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| big_fella1 wrote: |
Ontheway proof and evidence. I have provided links you provided only one to the NTS website that proved 3.3% is wrong. Thank you for that.
You personally attack me and my reading ability yet you defamed a famous lawyer in Korea through your rush to shout me down.
You cannot legally register an employee as an IC refer to The Supreme Court of Korea case in 2002, the important issue is the nature of the work, not the contract.
Ontheway you need to be honest about yourself, you post exclusively between 12am and 7.30am Korean time. You obviously aren't in Korea which means you are not an E2 teacher.
Now let me teach you some math and English 1+1 = 2 which can be referred to as a couple not several.
Unless you have a reference or you are going to be honest about your job and location for your next post don't bother.
Smithy the advice I gave you was you owe the money and someone may have to pay it. Ontheway advised you to go to the government department you owe money too and admit you haven't paid them. Up to you.
If I were you my Korean adventure would be ending and I'd be heading to China or the Middle East if I was qualified or a woman. Good luck Smithy.
I am placing a summary of the links I have provided to back my position here. Ontheway they can read for themselves, if you think I'm proving your case they will read it, unless posting a link other than to Daves Do not reply or you will seem desperate that you're trying to hide something.
What is an IC? Source:
http://www.thekoreanlawblog.com/2011/06/independent-contractors-and-obligations.html
The illegal nature of many ICs. Source:
http://www.jstor.org/discover/10.2307/40377726?uid=3738392&uid=2&uid=4&sid=21102037833831
Hiring a newbie as an IC is unethical as they can�t get health insurance. Source:
http://www.nhic.or.kr/static/html/wbd/g/a/wbdga0703_01.html
50% of employees are ICs so its okay, 42% of Americans use drugs, so using drugs in the US are okay. Source:
http://www.time.com/time/health/article/0,8599,1821697,00.html
E2�s must be employees Article 18 and 19 of the Immigration Control Act. Source:
http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan011498.pdf
Guys I'm sorry about the last one. HiKorea is ammending the working holiday visa (H2) which means we cannot get access to any visa details on the site until May 31st. |
| big_fella1 wrote: |
| Ontheway proof and evidence. I have provided links you provided only one to the NTS website that proved 3.3% is wrong. Thank you for that. |
Actually, you didn't understand this either. The 3.3% rate isn't "wrong," it is the correct rate for many individuals, not just ICs and not for all ICs. Further, if your actual employer withholds at a rate that turns out to be too high or too low, that is not "wrong" either. It can be proper and legal if the rate was used as a reasonable estimate of the tax due - and the difference between 1% or so and 3% or so is not automatically unreasonable - and if all of the withheld funds are actually paid in to the Tax Office, then it is legal and cannot be held to be improper or "wrong" per se.
There is no benefit to an employer to overwithhold except to the extent that the employer could be held liable for underwithholding. An excess of caution is how one might term the insistence of many Korean accountants that employers should use the higher 3.3% rate.
It still is preferable for E2 teachers to find jobs as employees, not as ICs, and to have their income taxes withheld at a rate close to or at the rate on the tax calculator, although that rate may actually underwithhold.
| big_fella1 wrote: |
| You personally attack me and my reading ability yet you defamed a famous lawyer in Korea through your rush to shout me down. |
With good reason. Since you were foolish enough to cite him again, I'll deal with your "so called" expert again below. However, the problem is really either your reading ability, comprehension level or failure to distinguish your desires from reality - possibly all three.
| big_fella1 wrote: |
| You cannot legally register an employee as an IC refer to The Supreme Court of Korea case in 2002, the important issue is the nature of the work, not the contract. |
Sorry, but there is no such ruling. This never happened. You are now posting bald faced lies ... although, due to your apparent reading handicap or insistence on belief in fantasy, it may just be that fantasy has manifested itself as truth in your mind. Where is this link?
There was a ruling that said that corporations cannot create subsidiary corporations that provide services only to the parent corporation and then treat that corporation as an Independent Contractor (not the workers). This had been done to allow the parent corp. to bypass agreements it had made with employees of the parent corp. by hiring the subsidiary as an IC whereby the subsidiary employees (who were not ICs) to work under different rules at different pay levels.
It would have been proper without breaching its union contract for the parent corp. to hire an outside company as an IC with the same workers, pay levels and work rules if that outside company was indpendent and it could have been proper under some circumstances for a wholly owned subsidiary corp.
In any case, this ruling had nothing to do with individuals working as ICs.
** This, by the way, is the case referenced by your expert below. It has nothing to do with individual ICs, but it would be very important to his big business clients who tend to set up multiple layers of subsidiary corporations for various tax, trade and regulatory purposes.
| big_fella1 wrote: |
| Ontheway you need to be honest about yourself, you post exclusively between 12am and 7.30am Korean time. You obviously aren't in Korea which means you are not an E2 teacher. |
So, you are clueless as to facts and unable to logically perceive a full range of possibilities in the real world.
1) I often post at other times.
2) There is no law or rule that E2 teachers, or people in Korea in general, cannot post between 12am and 7:30am. So, go ahead, you can too.
3) As an E2 teacher I post when I am not teaching, not correcting papers, not working out, not shopping, not out for meals, movies, fun with friends, etc, not traveling, and not doing anything more fun or more enjoyable. So, that uses up most of the daytime and evening hours. But, often during the night, if I'm not tired or wake up for a while, I can take some time out on various sites for some light entertainment. You give me a good laugh because you are so adamant and so foolishly wrong.
| big_fella1 wrote: |
| Now let me teach you some math and English 1+1 = 2 which can be referred to as a couple not several. |
You are a math and English genius. Perhaps you could pass some of my beginner class tests.
| big_fella1 wrote: |
| Unless you have a reference or you are going to be honest about your job and location for your next post don't bother. |
What is your job and location?
| big_fella1 wrote: |
Smithy the advice I gave you was you owe the money and someone may have to pay it. Ontheway advised you to go to the government department you owe money too and admit you haven't paid them. Up to you.
If I were you my Korean adventure would be ending and I'd be heading to China or the Middle East if I was qualified or a woman. Good luck Smithy. |
You are advising him to run away and give up ... after all your bluff and bluster.
I am advising that since he wants to stay in Korea, that he can stay and make it work out; to stay and be honest and he will come out ahead.
| big_fella1 wrote: |
| I am placing a summary of the links I have provided to back my position here. Ontheway they can read for themselves, if you think I'm proving your case they will read it, unless posting a link other than to Daves Do not reply or you will seem desperate that you're trying to hide something. |
Obviously you are so desperate to have people think you are correct without reading, because if they read your links they will discover once again that you are wrong. Either you lack reading comprehension, or you are just flinging BS against the wall hoping some of it will stick and no one will notice that it stinks.
Yes, this guy again. First off, this post is a vague generalization. The blog is actually a promotion device designed to drum up business for his law practice. He is vague, intends to scare and convince businessmen that they need his legal services, and he uses US IC standards and terminology.
What the blog actually says is that there is no one factor that determines who is a legal IC in Korea, that many factors are taken into account. Of course this is true. It is also true that it is easy to be an IC in Korea under the present law and the approximately half of the workers in Korea are in the category - legally - that includes what we call "ICs" although, in reality, this category is much broader and easier to be legally qualified than for US ICs. (I don't know about the Australian IC rules; no doubt they are again different; another reason for your confusion.)
Good cite for this:
"The share of irregular workers * in the total labour force in Korea has grown from 43.4 percent in 1996 to 52.7 percent in 2005."
* "Irregular worker" is a better translation for individuals included in this category of workers which includes ICs and many other types of jobs, all legal, than the term "Independent contractor" as used on Dave's.
However, if you read the entire article, which I have done, it provides no citation or evidence that ICs in general in Korea are illegal. (There are some that are illegal, obviously, but a small percentage). It does provide a lot of opinionated personal ambitions of the author as to the desireablity of pushing the half of Korea that is currently legally working as Irregular Workers into being direct employees.
Nice quote from NHIC at this link:
Question:
| Quote: |
"For the person who entered Korea after Dec. 17, 2008, he/she becomes a self-employed insured person on the date when 3 months have passed from the entry date. After staying for a period of less than 3 months, he/she departed for a short period and then returned. In this case, may he/she acquire the eligibility of self-employment health insurance (isn�t there additional regulation on the elapsed time?)
- Entry: Dec. 18, 2008, Departure: Mar. 15, 2009, Entry: Mar. 17, 2009, Entry: Jun. 15, 2009.... " |
Answer:
| Quote: |
| "For the person who entered Korea after Dec. 17, 2008, he/she acquires the qualification of self-employment health insurance on the date when 3 months have passed after the entry date. Regardless of the period of stay outside Korea, if he/she does not stay in Korea for a period of at least 3 months, he/she is not entitled to self-employment health insurance." |
This one is quite telling. You see, if it were not legal for a foreign worker to enter Korea and work as an IC, why would the NHIC be telling you the proper procedure for such a worker to enroll in the NHIC?
So, it is obviously legal, the NHIC knows it's legal, and the NHIC has a policy as to how to register as a foreign worker working as an IC.
Nice article about how marijuana use is more common in the US than other countries. It didn't mention that over half of all Americans now favor legalization and that two states voted to legalize marijuana last November.
However, this is a good reference for how BigFella can't read or comprehend. This article is just about Pot and not Drugs in general.
Here is what it says:
| Quote: |
■ Article 18 (Restriction on Employment of Foreigners)
(1) If a foreigner desires to be employed in the Republic of Korea, he/she shall obtain the status
of sojourn eligible for employment under the conditions as prescribed by the Presidential Decree.
(2) No foreigner having the status of sojourn as referred to in paragraph (1) shall work at any
place other than the designated working place.
(3) No person shall employ any person having no status of sojourn as referred to in paragraph (1).
(4) No person shall mediate or solicit for any employment of a person having no status of sojourn
as referred to in paragraph (1).
(5) No person shall put under his/her control any foreigner having no status of sojourn as referred
to in paragraph (1) with the intention to mediate an employment of such person.
■ Article 19 (Reporting Obligation of Persons Employing Foreigners)
(1) Any person who employs a foreigner shall, in any case given below, report it to the head of the
office or branch office within fifteen days after learning of such occurrences:
1. In case he/she has discharged the foreigner, or the foreigner has retired from the service or
dies;
2. In case the whereabouts of the employed foreigner become unknown;
3. In case important contents of the employment contract are changed; or
4. In case he/she comes to know that the employed foreigner has committed an act violating this
Act or any order issued under this Act. |
Now, what does it mean? It means that to work in Korea, you need an appropriate visa. It does not define the term "employee" or "employer" nor, in fact, does it even use the terms "employee" or "employer."
Legal documents are usually carefully crafted not to say things they don't mean. It is legal for a foreigner to work in Korea as either an employee or as an IC. In either case, you have "employment" and you have a person who has "employed" you. However, as an IC you are your own employer and you enroll yourself for National Pension and National Helath Insurance.
So, Immigration policy is in place for "indivuduals seeking employment" as either "employees" or "irregular workers" aka ICs; both are contemplated and legal in Korea and under Immigration policy. In either case there is a person who would be the "person providing employment" - note it carefully avoids saying "employer" - and there is a registered "designated working place" - another carefully chosen word that applies to both employees and ICs.
You will note that there is no mention of taxes, health insurance or national pension in the Immigration Law. There is no mention of any requirment that the foreign working visa holder be a direct employee. There is no definition of the term "employee" or what constitutes an employer/employee relationship. That is because these things are not under their jurisdiction. They cannot regulate or require them.
ONCE AGAIN, we can see that there is no Immigration rule that prevents foreign workers, including E2 teachers, from being ICs. We can see that the NHIC is set up to enroll foreign workers legally as ICs and they have a well thought out policy to that end.
Stick a fork in it BF, you are done. |
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big_fella1
Joined: 08 Dec 2005
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| Posted: Sat May 11, 2013 12:44 pm Post subject: |
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Well good morining everyone. It's 5.42am Sunday here in Korea. I'm up early to write an assignment on Corporate Governance and Social Responsibility.
Social Responsibility is where companies look after their stakeholders including their employees. |
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Wildbore
Joined: 17 Jun 2009
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| Posted: Sun May 12, 2013 7:48 am Post subject: |
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Are we still arguing this?
Yes, the NHIC and NPS have ways to register foreign contractors, (including E-2 visas) for their programs. It is legal and very simple.
The Income Tax act states 3.3% is the WITHHOLDING rate for education service contractors. Go search the act. It doesn't discriminate between E2 or not.
It also has a withholding rate for employees.
Whatever you fall under is what is deducted from you, and at the end of the day when taxes are finalized employee and contractor pay about the same tax.
Is this so difficult to understand? |
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hogwonguy1979
Joined: 22 Dec 2003
Location: the racoon den
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| Posted: Sun May 12, 2013 7:11 pm Post subject: |
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again you employer apologists miss the point, people are getting hired as "regular employees" being told they will get insurance and pension, then get to korea only to find out they have been registered as IC's without their knowledge. thats problem 1 and a biggie for a newbie
Problem 2 is these people are not being treated like "independent contractors" meaning they are usually not allowed by their employers to get second jobs etc and be truly independent
If its allowed by law, fine but let prospective employees know in advance and give them the option to get second jobs etc.
Of course then if immigration refuses to give permission for the second gig etc then the employer needs to pony up and pay their share |
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Wildbore
Joined: 17 Jun 2009
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| Posted: Sun May 12, 2013 10:21 pm Post subject: |
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| hogwonguy1979 wrote: |
again you employer apologists miss the point, people are getting hired as "regular employees" being told they will get insurance and pension, then get to korea only to find out they have been registered as IC's without their knowledge. thats problem 1 and a biggie for a newbie
Problem 2 is these people are not being treated like "independent contractors" meaning they are usually not allowed by their employers to get second jobs etc and be truly independent
If its allowed by law, fine but let prospective employees know in advance and give them the option to get second jobs etc.
Of course then if immigration refuses to give permission for the second gig etc then the employer needs to pony up and pay their share |
In that case people can complain to the government, like you've always been able to do.
I think you guys miss the point. The argument some are making is it is illegal to have an E2 and be a contractor at the same time. The government agencies clearly have made it legal and possible. |
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