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Violating law & contract - Immigration looks other way

 
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DanseurVertical



Joined: 24 Nov 2010

PostPosted: Sat Dec 01, 2018 7:36 pm    Post subject: Violating law & contract - Immigration looks other way Reply with quote

My employer is treating me (along with my two North American co-workers) as independent contractors. This is evident in my tax rate, being deprived health insurance, the fact that no money has been paid to my pension account, and so on.

You may have read 'English teachers duped by employers in Korea' in some online paper called The Korea Observer:

With a deep sigh he lamented that immigration has no authority over insurance and employee benefit disputes and is heavily understaffed to effectively crack down on hakwons’ unethical business practices.

“If you have been forced to work as a freelancer on an E-2 visa, report the hakwon to immigration so that we can restrict E-2 visa issuance to the problematic hakwon and provide a D-10 job seeking visa to you.”

An official at Seoul Global Center concurred with him, noting that it is mandatory for all hakwons to cover the half the cost of health insurance and other employee benefits.


I (naively) followed this advice and took my case to Immigration to report my employer and ask if getting a D10 would require a letter of release from my employer ... I showed them documentation from the tax office, NPS, my payslips, and contract wherein I'm deemed an 'employee'. At first they said that this is a matter for MOEL. Then I explained that MOEL had told me that it's a matter for Immigration, and that for E2 visa holders, MOEL only handles matters of non-compensated work (not getting paid). After a lengthy discussion, the Immigration staff concluded that 1) there was nothing they could do about my employer, and 2) I DO need a letter of release. I made the 2-hour journey back from Immigration feeling disheartened, angry, and powerless.

Surely I'm not alone in this situation! What is our recourse?
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BigBuds



Joined: 15 Sep 2005
Location: Changwon

PostPosted: Sun Dec 02, 2018 11:06 pm    Post subject: Reply with quote

You will get a different answer almost every time you go.

Sounds like you got someone who has no clue what they are doing but rather than say so or ask a colleague for advice, they just tell you anything. I would definitely go back again and speak to someone else.
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DanseurVertical



Joined: 24 Nov 2010

PostPosted: Mon Dec 03, 2018 6:10 am    Post subject: Reply with quote

BigBuds wrote:
You will get a different answer almost every time you go.

Sounds like you got someone who has no clue what they are doing but rather than say so or ask a colleague for advice, they just tell you anything. I would definitely go back again and speak to someone else.


The staff member consulted with at least one colleague for quite some time. I didn't accept the answer and explained the specifics of my situation, pointing out why it must be treated as an exception. I pleaded to be given an opportunity to communicate with another officer who has higher authority on the matter but was told something to the effect that there's just nothing they can do about it. My '10 minute' meeting lasted for literally half an hour. As I mentioned, I ultimately walked away very disheartened. When I asked, "You're not going to investigate my employer?" the reply was to the effect that the matter is between my employer and me, not Immigration. Yeah ...
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DanseurVertical



Joined: 24 Nov 2010

PostPosted: Thu Dec 06, 2018 8:05 am    Post subject: Reply with quote

Are NETs here so desensitized to hearing about situations like this that practically no one even cares?
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Wed Dec 12, 2018 5:21 pm    Post subject: Reply with quote

I would find a Facebook group for teachers in your area and post you’re question there. You’d likely get a faster response. Dave’s has become more or less a ghost town. And whoever does see your post, might have trouble with getting signed out before they can post a reply. (I’ll be happy if I can post this in one attempt.)

There have been plenty of threads here warning teachers not to sign a contract that labels you as an independent contractor. I don't know what you can do after the fact. We can hope ttompatz will see this thread, but the news might not be good if you can’t get the LOR. Again, try posting your question on a Facebook group.
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DanseurVertical



Joined: 24 Nov 2010

PostPosted: Thu Dec 13, 2018 5:54 pm    Post subject: Reply with quote

isitts wrote:
I would find a Facebook group for teachers in your area and post you’re question there. You’d likely get a faster response. Dave’s has become more or less a ghost town. And whoever does see your post, might have trouble with getting signed out before they can post a reply. (I’ll be happy if I can post this in one attempt.)

It's too bad this forum has died. Facebook is not at all a safe place for us to talk about difficulties we have with our employer because it's not anonymous.

Quote:
There have been plenty of threads here warning teachers not to sign a contract that labels you as an independent contractor. I don't know what you can do after the fact. We can hope ttompatz will see this thread, but the news might not be good if you can’t get the LOR. Again, try posting your question on a Facebook group.

That's why I said 'violating ... contract'. My contract says that I'm an employee. I showed this fact to Immigration.

Nonetheless, thanks for the reply.
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CentralCali



Joined: 17 May 2007

PostPosted: Fri Dec 14, 2018 12:47 am    Post subject: Reply with quote

It doesn't matter how the contract terms your status, i.e. employee or independent contractor. What matters is the facts of the relationship between you and your employer. If the contract shows that the employer has control over your working hours, discipline, etc., then you are in fact and legally an employee.

Immigration has nothing to do with the issue with taxation. Your only recourse for that is through the tax office. Apparently all the tax office goes by is what the employer reports as your status. They're not going to complain about it if you're being taxed at a higher rate than that for an employee.

CDI lost a class action suit for pulling that stunt, among others, to screw over foreign instructors. That case was covered on this board and there was a plethora of threads regarding CDI, Wonderland, and at least one other outfit, all of which delighted in manipulating the laws to pay less than what they should have. Various court decisions don't help much, though, when you're stuck in a dire situation.

What's your recourse? Check with a lawyer. And, of course, bailing out is always an option. Don't even think that nobody has contacted your employer about your inquiries.
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Sun Dec 16, 2018 9:53 pm    Post subject: Reply with quote

DanseurVertical wrote:
Facebook is not at all a safe place for us to talk about difficulties we have with our employer because it's not anonymous.

It doesn’t need to be anonymous. You don’t have detailed information about your school in your OP here, so it’s a pretty general question. Just use your first and last sentence from the OP. You can say you’re asking on behalf of a friend if you’re that worried about it. And it’s not like your school employers are going to be part of these groups anyway so they aren’t going to see your post.
Up to you. Post in a Facebook teacher’s group, take CentralCali’s advice and contact the tax office, or maybe pm ttompatz if he’s around (or hope he sees this thread).
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DanseurVertical



Joined: 24 Nov 2010

PostPosted: Mon Dec 17, 2018 6:08 am    Post subject: Reply with quote

Quote:
It doesn’t need to be anonymous. And it’s not like your school employers are going to be part of these groups anyway so they aren’t going to see your post.

Of course they could be. My director is paranoid and threatening and monitors us like mad.

Quote:
Post in a Facebook teacher’s group, take CentralCali’s advice and contact the tax office, or maybe pm ttompatz if he’s around (or hope he sees this thread).

I went to the tax office already. They had no information about my income in 2018. As far as their books were concerned, I wasn't even working in Korea.

Okay, I'll PM him.
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DanseurVertical



Joined: 24 Nov 2010

PostPosted: Mon Dec 17, 2018 6:12 am    Post subject: Reply with quote

CentralCali wrote:
CDI lost a class action suit for pulling that stunt, among others, to screw over foreign instructors. That case was covered on this board and there was a plethora of threads regarding CDI, Wonderland, and at least one other outfit, all of which delighted in manipulating the laws to pay less than what they should have. Various court decisions don't help much, though, when you're stuck in a dire situation.

Exactly.

Quote:
What's your recourse? Check with a lawyer. And, of course, bailing out is always an option. Don't even think that nobody has contacted your employer about your inquiries.

I've already resigned in fact. After I finish working and have free afternoons, I'm planning to get free legal consultation through the Seoul Global Center.
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DanseurVertical



Joined: 24 Nov 2010

PostPosted: Wed Dec 26, 2018 6:31 pm    Post subject: Reply with quote

So I've met with a lawyer at the Seoul Global Center ...

He shared this information with me: https://www.epeople.go.kr/jsp/user/pc/policy/UPcUnionPolicyDetail.jsp?flag=3&faq_no_n=321151&civil_no_c=1270000&peti_no_c=0070000000

This is a question which in essence is the same as mine. As far as I can tell, the answer is based on the immigration law cited just below the answer.

Can someone who's proficient at Korean say definitively that the answer affirms that an E2 visa can be transferred to a D10 without a letter of release?
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Wed Dec 26, 2018 11:43 pm    Post subject: Reply with quote

Translation (Using Chrome):
You understand that if an E-2 qualified foreigner is in the process of filing an improper dismissal relief, you will be deported and asked about other remedies if you do not receive a transfer agreement.

1. If you are under a labor court arbitration for unfunded wages, or are carrying out various lawsuits for unfair dismissal, you can stay in Korea if you have permission from the immigration office (branch office) based on the reason.
2. If you do not receive a transfer agreement, you can stay at the immigration office (branch office) if you get permission to change to a job (D-10) status. If you get a new job during your stay in D- You can apply for permission to change your status of residence.
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