Korean Job Discussion Forums

[kshellru]

I've posted a few times before. it's just an ongoing battle...
The short version (if you can call it that) is this:
didn't like my job. Started a full time contract on November 1st. FINALLY got a letter of release from my boss after a lot of hoopla. Got a new job. new boss knows old boss, all paper work was figured out (but old boss was being a baby and wouldn't even look at me, or give me my LOR-he'd only give it directly to the new director, wierdo). So I finish up, tell my students I'm leaving because of bad hours, even though the school can't do anything cuz they're adults, bla bla, make a point to say the school is great, etc etc so that the business stays good there (even after old boss eing jerky jerk jerk).
so it's my LAST hour of work. My director is nowhere to be found. His SON hands me a letter saying that I need to pay back my one way airfare to the tune of 1 000 000 won, because I started (full time, i think i was in an illegal contract before that) on November 1st and he wrote my release letter for April 28th. Making me two days short of six months (even though those two days are non-working days, ie. sat and sun). AND that I am being deducted for a vacation day that I took and some sick hours, all to the tune of 220 000. (I brought doctors notes at the time, and there was never any talk of paying back vacation days.). My contract doesn't say anything about either of those things, and they were never mentioned before. My contract also says I'll have to pay back my airfare if I don't finish six months, but I DID finish six months.
I just can't believe he handed me this and then ran away (the son I mean) and that the director never spoke to me about it before, but left it until a FRIDAY night when I couldn't do anything about it. Now I'm in Thailand getting a new visa to work, so I can't really do anything from here either.
He also refused to pay into my pension. Is that legal? I thought employers HAD to pay pension. On perusing my contract as well, I found that it said that working over six hours a day would be considered overtime, which I wasn't paid for either.
What should I do?
Who shoudl I call?
Is there worker's legal aid here?
Will the labour board help me?
I REFUSE to let him get away with this. The last five teachers (myself included) have left on bad terms. I would like to blacklist him but I don't know how.
Advice.
Help?
thanks so much.

[SPINOZA]

[TheUrbanMyth]

[Dan The Chainsawman]

It's an illegal contract right?

Tell him to stuff it up his ass. You have your LOR so ignore the dolts.

[Grotto]

Dont pay him anything.

If he withholds monies go to the labour board and file a complaint.

[kshellru]

1. oops for posting twice. dum computer. sorry
2. he's WITHOLDING over a million from my final paycheck
3. my contract is legal (this full time one anyways is for sure), he's finally given me my LOR, well, not directly to me, cuz he was being juvinile, but to my NEW employer. what i'm really worried about is that almost three quarters of my check is what he's planning to withold from me.
4. so employers DO, for CERTAIN, have to pay into pension plan? how is it that so many don't? How can my old boss have gotten away with not paying for so long? How is it that my NEW boss has told me that he won't pay into the pension plan either?

ok, so it's off to the labour board. Do I have a chance of winning? I mean do I have a chance of getting my money back? JJeeze I really hope this dumba$$ gets in sh!t. I hate him a great great deal right now. He's trying everything possible to make things the most difficult that they could possibly be for me...

[ontheway]

Of course you have finished 6 months and you SHOULD win, but that doesn't mean you will. Go to the labor board immediately and ask them to call your boss before your pay date. Your big issue is the airfare that you have earned and he should not deduct from your final pay.

Since you didn't finish a whole year, deducting your unearned vacation day could be legitimate, but not the sick day, if you have sick days in your contract.

While you're fighting this piece of .... dirt, don't make any trouble for your new boss. You need to keep him as your base of operations and support. Be a super teacher. You want your reputation to be an asset.

Don't go to the pension board right away. Save that one for your final act against your old boss.

[denverdeath]

Yes, your old boss (and new) is legally responsible to contribute 4.5% of your monthly earnings and match the same amt for pension. Did you, or will you, have medical insurance? You should. It's supposed to 2.24% of your salary, matched with the same by your boss. Did you at least have your ARC with the first place? Your first boss was probably pocketing the taxes he withheld from your pay as well, especially if it was some strangely high amt like 5% or more(although I may be wrong about that).

Pension:

http://www.nps4u.or.kr/eng/enpsk.html?code=./enpsk/a06.html
http://www.nps4u.or.kr/eng/enpsk.html?code=./enpsk/a02.html

Health:

http://www.nhic.or.kr/wbe/nation/nation033.html

Tax:

http://www.nts.go.kr/eng/default.html
http://nts.go.kr/front/service/refer_cal/gani/refer_gani_eng.asp

Labour:

http://english.molab.go.kr/

If nothing else, I would make sure that your new contract has the necessary clauses regarding pension, health, and taxation included.

[Tarheel13]

Seems like you didn't have the best of relationships with this Director and school. There are always two points of view to any story. Now, the Director must find a replacement and that will cost. He's not happy with you. You have cost him money. Hindsight is always 20/20. Perhaps you should have been a man about it and stuck out the year, smiled often; then head out to your new gig. Move on...you don't need the stress, young fella.

[jacl]

Get in contact with your old employer and try to work out some sort of deal. Threaten to go to the labor board, the pension office and the tax office if he doesn't come to some sort of monetary agreement. Figure out how much you've overpaid in taxes, the amount of pension money you lost, etc. Figure in the bogus ideas of paying back your vacation time taken (because that is bogus) and your flight. Give him the biggest figure (and probably 100% accurate one) and settle with him. If he doesn't budge, then go directly to those offices.

Did you give a month's notice? If so, doesn't sound like you have anything in writing with both your signatures. You should get those things on paper and next time, know your rights and be on the ball in the beginning (sorry to preach). Working for his friend who also doesn't want to pay pension sounds like you're going down the same road again.

[riley]

Tarheel13, normally I'd agree with you that someone should stick it out, but honestly, did you read the OP's posts? His old boss wasn't paying pension and definitely is deducting airfare when he shouldn't and you say suck it up and be a man? Sometimes to be a man, means fighting for what's important, not not bending over and taking it up the poopchute.

[buymybook]

Whether a Hagwon pays into pension depends on the size(number of employees). All Hagwons must pay into pension if they have more than 5(I think) full-time employees. The Driver does not count and the Labor Ministry will consider the past year average number of employees.

How many employees did/does your employer(s) have?

If he didn't hold pension money then at least you're not being completely ripped off other than the other money being unfairly withheld.

[jacl]

[Captain Corea]

[jacl]