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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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jacl
Joined: 31 Oct 2005
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Posted: Mon Nov 21, 2005 7:36 am Post subject: |
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They can't change your salary. You're under contract. Just say "No."
You know what's funny? They'll probably try to cut your salary by 50,000, take the 100,000, or whatever it is in your case, in pension and keep it all to themselves. They'll try. Then you're out 150,000/month instead of up 100,000.
My boss tried. Until I called the pension office and asked him where the money was. That was after I made two monthly contributions. There are still the first five months of my contract to consider. He said something to the effect of hagwons will do the pension thing and offer a lower salary because of it. I just decided not to fight that right now and got him to sign pay statements for every month I've been here. Just hit him with it later. That proof of what's been deducted from you is a very important weapon to have.
Reducing your monthly salary is just... Screw that noise.
Last edited by jacl on Mon Nov 21, 2005 4:26 pm; edited 1 time in total |
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jacl
Joined: 31 Oct 2005
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Posted: Mon Nov 21, 2005 7:37 am Post subject: |
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Reducing your monthly salary reduces your pension contribution/benefit. So, it really makes no sense. And then what are they doing? Taxing you on the original salary anyway? Probably. What are you're taxes? I could use a good laught right now. They're being cheap bastards.
"I don't want to pay your pension." Boo fucking hoo. Say "No" and let them deduct the 4.5% from your salary. Just get pay statements. Call the pension office every month to see if they're making your and their contributions. If there's nothing in your account, bring it up to your boss.
Last edited by jacl on Mon Nov 21, 2005 4:28 pm; edited 1 time in total |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Mon Nov 21, 2005 9:48 am Post subject: |
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Kermo,
Now we have an idea what's up. You will pay 4.5% and so will the employer, BUT only after adjusting your salary downward. This was one of the possibilities that I had asked about.
If your contract has expired and you are renewing, of course they can do this, otherwise, it's unlikely that they can "adjust" your salary downward under the terms of your contract (guessing, since we haven't seen it). You should say no to lower pay. But perhaps you should say no to the whole pension thing if you can. You said "if I so choose" in your post.
Are you from a country that allows you to claim a refund? And why go through a battle now, pay in the money retroactively, and possibly get only your own money back later, or even nothing?" If your employer will let you opt out, perhaps you should. You could even file "exempt" and not pay in.
On the economic/accounting side of this. It is true that in reality the employee almost always pays 100% of any such government pension or social security plan. In the US, where I worked as an accountant, I did the numbers on this for numerous corporations. In every case, the employee was paying 100% (and the employer nothing) of the social security contribution. Employers know about the plan after all. It's no surprise. They just adjust all salaries downward, in advance, to account for such taxes. And yes they do it. And yes it's legal. Actually, it's absolutely necessary, as the SS taxes of the workers at most businesses exceed the net profits of the business. If they really had to pay, they'd all go bankrupt. Governments cannot repeal the "laws of economics" anymore than they can repeal the laws of gravity or evolution (despite the claims and efforts of the socialist Dem and Rep parties to do just that). I also did the computations for employers converting the status of their workers so that they would be paying into Social Security for the first time, and we reduced all the workers salaries by the amounts of the additional expenses of SS taxes, insurance etc. during the change. This was no problem under the circumstances as all were employed "at will", without a contract. Kermo has a contract, so he can hold out for his full pay. |
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JongnoGuru

Joined: 25 May 2004 Location: peeing on your doorstep
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Posted: Mon Nov 21, 2005 4:44 pm Post subject: |
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| ontheway wrote: |
Kermo,
Now we have an idea what's up. You will pay 4.5% and so will the employer, BUT only after adjusting your salary downward. This was one of the possibilities that I had asked about.
If your contract has expired and you are renewing, |
I should wait and let Kermo reply to this, but I believe this contract is nowhere near expiring. All of these proposed changes are coming just a few months into a new-ish contract, though for some reason 1 Jan. 2006 has been declared some big, hairy day of reckoning. I suppose it's never too late for these outfits to get all legal and proper-like.
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| In the US, where I worked as an accountant, I did the numbers on this for numerous corporations. In every case, the employee was paying 100% (and the employer nothing) of the social security contribution. Employers know about the plan after all. It's no surprise. They just adjust all salaries downward, in advance, to account for such taxes. And yes they do it. And yes it's legal. |
Okay, this is a little unclear to me. On the one hand, you're say employees in the US pay 100% and the employers pay nothing. But when US companies "adjust all salaries downward, in advance, to account for such taxes", doesn't this imply that they do this IN ORDER to pay into those programmes? This downward salary adjustment enables them to pay their full and legal share, no?
Now, one might argue that all these contributions ultimately come out of the employee's pocket, but by that same reasoning, the 50% salary bonus an employer decided not to give an employee who deserved it also came out of the employee's pocket. It's... to me, it's not an issue. The employee knows the stated salary they agreed to before they joined the company, and whether that salary is artificially low because the company is covering their social security/pension burden that way is really a non-issue. In fact, it stands to reason that every company operates that way because, as you said, companies generally aren't looking to high-salary & high-tax themselves into bankruptcy. And where would that leave employees if they did?
Another thing, this downward-salary-adjusting they do "in advance"... Well, obviously "in advance" does not mean in mid-contract, as in Kermo's case. Indeed, I would presume that "in advance" means years, decades, maybe generations before a person ever goes to work for a company. It's not as though you're coasting along in your cushy job with General Motors, and one fine day in November 2005 your boss waddles up and says, "Oh dear, Kermo ... There's this funny new thing called Social Security... and pension. And you've got to pay it. So do we, but we can't or don't want to pay our full share, so why don't you just accept a pay cut, along with the required deduction from your salary, and we'll call it even, yeah? Or you can go find yourself another job. It's your choice".
Ontheway, I'm no expert, whereas I think you probably are, and I may be looking at this all wrong. If I am, feel free to correct me. (just don't call me stupid, because I already know that much)
Last edited by JongnoGuru on Mon Nov 21, 2005 5:39 pm; edited 4 times in total |
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kermo

Joined: 01 Sep 2004 Location: Eating eggs, with a comb, out of a shoe.
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Posted: Mon Nov 21, 2005 5:09 pm Post subject: |
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| JongnoGuru wrote: |
| ontheway wrote: |
Kermo,
Now we have an idea what's up. You will pay 4.5% and so will the employer, BUT only after adjusting your salary downward. This was one of the possibilities that I had asked about.
If your contract has expired and you are renewing, |
I should wait and let Kermo reply to this, but I believe this contract is nowhere near expiring. All of these proposed changes are coming just a few months into a new-ish contract, though for some reason 1 Jan. 2006 has been declared some big, hairy day of reckoning. |
Right again, as usual.
So, now the question is: are they obligated to offer a pension at this place? What's this business about "freelancers" instead of "full-time" employees? If what they are doing is illegal (i.e., "You must agree to a reduced salary so we can offer you what you are legally entitled to,") then maybe I can get out of the contract. I have a much much much more appealling offer on the horizon, and there are a list of other transgressions that have me right fed up. |
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kermo

Joined: 01 Sep 2004 Location: Eating eggs, with a comb, out of a shoe.
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Posted: Mon Nov 21, 2005 6:45 pm Post subject: |
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Mr. Sheet, please meet Ms. Fan.
I called the pension "hotline" (1355), heard nothing but Korean options, waited, was transferred twice, and finally connected to someone who spoke English.
I asked some questions about who is entitled to a pension, and what a "full-time" employee is versus "freelancers." The woman told me it was hard to explain but that she wanted to investigate for herself. She asked me for my workplace name and phone number. I gave it to her.
Let the jiggerypokery cease and the broohaha begin! |
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JongnoGuru

Joined: 25 May 2004 Location: peeing on your doorstep
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Posted: Mon Nov 21, 2005 6:54 pm Post subject: |
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| kermo wrote: |
| ...If what they are doing is illegal (i.e., "You must agree to a reduced salary so we can offer you what you are legally entitled to,") then maybe I can get out of the contract. I have a much much much more appealling offer on the horizon, and there are a list of other transgressions that have me right fed up. |
Good! Really good to hear. My unsolicited advice is, depending on what amount is actually at stake, don't let your decision to stay or leave be swayed entirely by the legal/ethical handling of the pension/insurance matter. I've renewed contracts that were violated by the employer, outright, and I did it because of something I was getting out of the job that meant more to me. I'm not saying people should just cave over every issue as a matter of policy, but my secret of happiness and success has been to stand an old adage on its head: Look after for the pounds and the pennies can sod off.
No boss, no company is ever going to be perfect. There's a lot of talk on Dave's, these threads on the Job Discussion Forum, where people get wound up and bogged down over a vague contract term, some small point (though maybe of vital importance to a poster) and just how helpful and productive it all is, I'm not so sure. I know it's important in terms of educating people as to the law, the standard, their rights, etc., but there will be jobs where you're being done down, sometimes badly, in one or two areas, while you're getting something more vital out of it in another respect. Keeping your eyes on the bigger picture is more important, I think.
When someone, in the normal course of doing their job, has to devote time and energy to becoming an armchair contract lawyer or an expert on Korean labour/health insurance/pension laws, wouldn't you say the bloom has already fallen off that particular rose? (Or is that pretty much the way it goes in Canada as well? )
Does it sound like I'm defending Koreans' fast & loose treatment of contracts and laws, bending and breaking both to serve their interests? I don't mean to be. I know what an eye-opening experience it can be for foreigners here. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Tue Nov 22, 2005 6:40 am Post subject: |
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JongnoGuru,
As I explained at the end of my long posting, when companies converted the status of their workers, so that they became newly covered by SS taxes and other employee benefits, we recalculated their salaries so that the employer's share of the tax was actually paid by the employee. This was not a problem, because the workers were all employed "at will".
Kermo has a contract. We haven't seen it, but it's unlikely there is any provision allowing the employer to adjust his salary down during the term of the contract. Therefore, he can and should say NO to any downward adjustment. The employer made a contract and the employer should honor it.
At the same time, it could be to Kermo's advantage to either opt out of the pension program, or if his employer breaches the contract, to look for a new job. This could involve a battle, however. |
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jacl
Joined: 31 Oct 2005
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Posted: Tue Nov 22, 2005 7:05 am Post subject: |
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Just say, "No" to the salary reduction. Say that you want pension. Have them deduct 4.5% from your pay for this. And make sure you get pay statments showing all of your deductions. Check with the pension office every once in a while to see if the proper contributions have been made. If they are not being paid, bring it up to your boss and pursue it with the pension office. If they are only paying your contributions then at least you don't lose that. Make sure that they pay at least that because it's not their money to be messing around with. Emphasize this. At least later you can go after them for their part.
Just say "No". They're being waaaaay too cheap. They're just trying, and will continue to try, to rip you off.
If it's a decent enough job then just work through the contract.
GET PAY STATEMENTS! |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Tue Nov 22, 2005 7:25 am Post subject: |
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Oh yeah,
I've been just overlooking this because it seems so obvious, but JACL is right
GET PAY STATEMENTS!
Everyone should do that. Even if you have to write up your own and have them sign. Do it when they pay you. Make it a ritual if they don't do it for you. They pay you. Count up the money. Write a statement. Ask them to sign it. You sign it too. A copy for them and for you. Then, you can go teach for the day. |
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