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Pension cheating, should I just eat this one?
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nfarney



Joined: 19 Sep 2003
Location: Seoul

PostPosted: Sun Sep 19, 2004 5:46 pm    Post subject: Reply with quote

Quote:
Is whether it is legal or not the issue, or do you object to paying more


Both, actually, are the issue.

My school specifically said 9% would be witheld in the contract, which implies to me that they knew exactly what they were doing: cheating me. When I approached them in good faith, they lied about it. I don't think pursuing that problem to the end is "wanting it both ways."
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Mon Sep 20, 2004 2:06 am    Post subject: Re: Curious Reply with quote

pecan wrote:
People often complain that Korean employers do not follow the letter of a contract, and now we have people complaining about employers following the letter of a contract.

Is whether it is legal or not the issue, or do you object to paying more?


The conditions in the contract are illegal. If you came to Korea and found out that the wording of the contract you had signed allowed your employer to do something illegal to get more money from you, and you didn't know the law, I think you'd be pissed too. You can't possible be suggesting that employers should be able to get away with illegally cheating foreigners who don't know the law very well just because they slipped it into their contract.
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vdowd



Joined: 11 Feb 2003
Location: Iksan

PostPosted: Mon Sep 20, 2004 3:43 am    Post subject: Reply with quote

I did not get the feeling that poster meant that it was Ok to write something illegal into the contract and to use to contract to over rule the law.

I think, and tell me if I am wrong, that he meant, for example, that if your employer did not deduct and remit the tax/pension to the Korean Tax/Pension office though out the contract and then deducted it on the last pay check and remitted it to the appropriate government office that some employees would complain. Even though they are responsible to payment of tax and their portion to the pension fund.

I agree that they should complain if this is a surprise but really when was the last time you worked in any country and did not pay taxes. Skip to ** to avoid the long story).

This is my story - worked for 15 months and was double taxed for the first 8 months - pointed out and my employer says no more tax deducted until it is corrected (accountant error) - no pension ever deducted. One month vacation and return for 13 month - no taxes deducted - pension deducted for last 2 months (checked with pension).

Total recap - Total employment (28 month) - taxes paid for 1st year (8months x 2 = 16 month) = total tax owed by to government by ME is still 12 months. Pension owed by MYSELF and MY EMPLOYER (28 months - 2 = 26 months).

Now my employer has no intention of asking my to pay these taxes or pension at the end of September. Remember I OWE 12 months of taxes and 26 months of pension) - thus he avoids paying the 26 months of pension.

** I should merrily go home and know I saved myself the money. Yeah lucky me. NOT - Read below -

The reality -no tax statement to give to Canada Revenue - pay Korea 3.3-3.5% or pay Canada 35% taxes. Guess what, I am paying Korea taxes for the year! even if my employer does not deduct it.

I could take a chance and not be caught but I don't think it is worth the anxiety or money if caught (additional 30% - can't ask for a re-do).

I will pay the pension 26 months - then my employer has to do the same and I ask for all of it - his and mine back. I can do this and it is all legal.

I want to come back to Korea to work. If I take the chance that they will not notice that I only paid 2 months to pension in Korea (fat chance, 2 month contracts are not the norm) - they can approach me in 1 year, 2 years and ask for the whole amount but they will have a very hard time getting it from a prior employer.

What have I learned form this experience - force the issue, nicely of course - if your employer does't have deductions for pension, get a friend to go with you and apply yourself at the pension office. Go down in Februaty and get a Tax statement and again at the end of the contract.



pensionwould have no recourse if woed by me is 28months-2 = 26 monand 4 -
Not me - in fact, something similar happening to me now through some oversight (yeah) of my employer. In fact, he has no intention of making me pay tax for the last 14 month and has only deducted 2 payments for pension.

Seems like a sweet deal - I keep my mounth shut and I don't pay taxes this year. Also I dont' pay
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vdowd



Joined: 11 Feb 2003
Location: Iksan

PostPosted: Mon Sep 20, 2004 3:47 am    Post subject: Reply with quote

by the way - ignore the extra at the bottom - just thinking aloud and forgot to delete.
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Wisco Kid



Joined: 07 Sep 2004
Location: Changwon

PostPosted: Tue Sep 21, 2004 5:34 am    Post subject: Reply with quote

What about if you end your contract early and leave the country. Are you still able to get all your pension paid back? I don't mean a midnight run, but giving a full month's notice.
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Wisco Kid



Joined: 07 Sep 2004
Location: Changwon

PostPosted: Tue Oct 05, 2004 6:07 am    Post subject: Reply with quote

Thanks all who gave their advice. After going to the pension office, the nice lady who worked there called up my boss and when I got to work in the afternoon, my director was all ready to have a chat to straighten me out. Well, I substituted my usual buddhistic passiveness for imovability and took the hard line that I was right and the director was cheating me out of 85,000 won of my monthly salary. The directors (they're a married couple) tried many times to convince me that everything was Ok, they weren't trying to decieve me,blah,blah blah. They finally said they wanted to come to an agreement (ie. "save face") and asked what would be an acceptable solution. I had to firmly state several times that the only acceptable solution was to follow the law and cover their 4.5% towards the pension. It seems they finally got the idea that I wasn't going to be pushed over on this one and GAVE IN, mostly I think because they want to keep their reputation good. So now I'll be getting all the pension money I should have coming to me. Incidently I won't have to lose any sleep wondering about my severence or return airfare because I'm not stickin' around that long. Three more paychecks and I'm outta here, back to warm weather and warm hearts in Thailand.
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captain kirk



Joined: 29 Jan 2003

PostPosted: Wed Oct 06, 2004 8:12 am    Post subject: Reply with quote

Smile I've read the entire thread. From what I understand it's the law to pay into the pension scheme. And not paying into it is illegal, is that right?
At the haggie I'm at now, been here nine months, no pension has been deducted. Only 4% tax.
At the last haggie I worked at the director said he'd talked to someone and arranged that I needn't pay into the pension scheme.
I'm at a loss about this stuff. I mean, what the heck do foreingers need with a pension scheme, anyway. The majority are not going to retire here in Korea, anyway. And when they leave it just gets refunded. What's the goverment doing, making money off the interest that accrues.
And what about these schools I've worked at that, apparently, aren't following the law and putting into the pension. Does this mean I'll have to pay pension at some time on the working months it hasn't been deducted? Does anyone in government keep tabs on this kind of thing?
Is it possible for a boss to 'deduct tax' (and 'pension') and not be paying the government anything? Smile
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nrvs



Joined: 30 Jun 2004
Location: standing upright on a curve

PostPosted: Tue Oct 12, 2004 9:40 am    Post subject: Reply with quote

Quote:
And what about these schools I've worked at that, apparently, aren't following the law and putting into the pension. Does this mean I'll have to pay pension at some time on the working months it hasn't been deducted? Does anyone in government keep tabs on this kind of thing?


I wonder the same thing.

I'll probably get offered a decent job tomorrow. At the interview today, after I asked about pension contributions, the bosses responded that they don't deal with the pension at all. They have far more than 5 full-time employees, and they're required to participate in it, according to the pension website.

I want to know: Are there any consequences for me -- from the government -- for not paying into the pension scheme?
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Tue Oct 12, 2004 1:51 pm    Post subject: Reply with quote

It's probably a sign that you won't be getting medical insurance either, because when you get signed up for insurance, they automatically contact the pension office too.
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nfarney



Joined: 19 Sep 2003
Location: Seoul

PostPosted: Wed Oct 13, 2004 5:44 am    Post subject: Reply with quote

Quote:
I mean, what the heck do foreingers need with a pension scheme, anyway.


Its like a 4.5% increase in pay. You get 4.5% deducted from your pay, which you get back at the end and are getting now anyway.... BUT they should ALSO pay 4.5% into it out of their pocket, which you also get back at the end and are NOT getting now.

Quote:
At the haggie I'm at now, been here nine months, no pension has been deducted. Only 4% tax.


If you pursue it, you will have to pay your 4.5%, but they also have to pay their share in. They are only required to participate if your employer has more than 5 full time employees.



Quote:
What's the goverment doing, making money off the interest that accrues.


Its like Social Security or Social Insurance in the States or Canada. (A service to citizens). We get it refunded because Korean workers in Canada and the States get their S.S/S.I. refunded when they return to Korea--its an agreement between the countries. I guarantee you no Korean employee in Canada or the US is having the same problems we are having here.


Quote:
Is it possible for a boss to 'deduct tax' (and 'pension') and not be paying the government anything?

Yes, this happened to my friend. Even more illegal and even more likely you'll get the money back if you pursue it (and the school could be fined 5 million). (They are probably only deducting tax and not pension though--too easy to get caught when you go asking about it at the end of the year).
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captain kirk



Joined: 29 Jan 2003

PostPosted: Wed Oct 13, 2004 6:37 am    Post subject: Reply with quote

Wow, man. If the school doesn't pay into the pension, as required by law, they also avoid paying medical. Both these things the school pays half, and the f-teacher pays half.
If I want medical then they'll have to pay the pension, bells will ring at the pension office.
Very interesting, thanks. Smile
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