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indigo
Joined: 03 May 2006
Location: Yeoju
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 Posted: Fri Sep 01, 2006 5:41 am Post subject: hogwan legality questions... |
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I've been working at a hogwan since February. I've gotten along well with my boss, and things have seemed fair, though I don't think the owner knows a lot about legalities. I've tried to educate myself, but it's easy to get lazy about it when things are going smoothly. So a few things have come up. First off, what is the pension plan people talk about? Do you qualify for this during your first year of teaching?
Second, it seems to be a common practice that my hogwan "rents" foreign teachers out to other schools. I've seen it go on with other teachers, and now the owner is scheduling me to work at another school too. So the deal is I have to go teach classes at a different school, and the hours I teach there are just considered part of my normal contract hours. The hogwan gets money from the other school - I don't see a penny of it. Is this legal? (And if not, can anyone point me to the sources that says it's not?) And is it a common practice? |
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Roch
Joined: 24 Apr 2003
Location: Seoul
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| Posted: Fri Sep 01, 2006 5:56 am Post subject: Re: hogwan legality questions... |
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| indigo wrote: |
I've been working at a hogwan since February. I've gotten along well with my boss, and things have seemed fair, though I don't think the owner knows a lot about legalities. I've tried to educate myself, but it's easy to get lazy about it when things are going smoothly. So a few things have come up. First off, what is the pension plan people talk about? Do you qualify for this during your first year of teaching?
Second, it seems to be a common practice that my hogwan "rents" foreign teachers out to other schools. I've seen it go on with other teachers, and now the owner is scheduling me to work at another school too. So the deal is I have to go teach classes at a different school, and the hours I teach there are just considered part of my normal contract hours. The hogwan gets money from the other school - I don't see a penny of it. Is this legal? (And if not, can anyone point me to the sources that says it's not?) And is it a common practice? |
It's an illegal deal for sure unless your boss took you to the local iimigration office for their approval of the second workplace.
Second, the Korean Labour Standards Act guarantees those whose workplace has more than four full time employees pension and medical insurance.
To be sure, PM Grotto or Ttompatz: These Posters know the laws like nobody's business. |
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Summer Wine
Joined: 20 Mar 2005
Location: Next to a River
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| Posted: Fri Sep 01, 2006 6:20 am Post subject: |
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| Second, it seems to be a common practice that my hogwan "rents" foreign teachers out to other schools. I've seen it go on with other teachers, and now the owner is scheduling me to work at another school too. So the deal is I have to go teach classes at a different school, and the hours I teach there are just considered part of my normal contract hours. |
Its up to you whether you want to push it. I refused twice and subsequently was not made an offer to stay on for another year which cost me. Admittedly, I wasn't planning on staying on another year so it didn't hurt that much.
On the plus side for me, 4 months into it the teacher who agreed was busted by immigration and never finished his contract. so good luck for me I guess, but its still up to you. If you refuse, they can make it hard for you and maybe fire you. Though the worst they can do, is no where as bad as the worst Immigration can do to you.
Its still up to you in the end. |
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lastat06513
Joined: 18 Mar 2003
Location: Sensus amo Caesar , etiamnunc victus amo uni plebian
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| Posted: Fri Sep 01, 2006 6:28 am Post subject: |
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1. No matter when you started teaching, you automatically become eligible for the pension and your employer should have contributed to it, or else you are out alot of money when you leave Korea.
2. If it is not in your contract and it is not mentioned on your ARC (an amendment on it will say if you can work outside your regular work), then it is illegal to work outside at another school.
I think in both instances you have alot of leverage for negotiation. But as another poster mentioned- it depends on if you want to use this leverage to help your situation or not. |
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alabamaman
Joined: 25 Apr 2006
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| Posted: Fri Sep 01, 2006 6:31 am Post subject: Re: hogwan legality questions... |
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I've been working at a hogwan since February. I've gotten along well with my boss, and things have seemed fair, though I don't think the owner knows a lot about legalities. I've tried to educate myself, but it's easy to get lazy about it when things are going smoothly. So a few things have come up. First off, what is the pension plan people talk about? Do you qualify for this during your first year of teaching?
Second, it seems to be a common practice that my hogwan "rents" foreign teachers out to other schools. I've seen it go on with other teachers, and now the owner is scheduling me to work at another school too. So the deal is I have to go teach classes at a different school, and the hours I teach there are just considered part of my normal contract hours. The hogwan gets money from the other school - I don't see a penny of it. Is this legal? (And if not, can anyone point me to the sources that says it's not?) And is it a common practice?
http://www.immigration.go.kr/indeximmeng.html
*Go to information service
*Go to staying in Korea
*Go to long term stay
*Go to who's eligiable to work in Korea |
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Grotto
Joined: 21 Mar 2004
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| Posted: Fri Sep 01, 2006 6:40 am Post subject: |
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Since Jan 2006 all employees must be enrolled in the pension and health plan! So yes you are entitled to it.
For each and every other location they wish you to work at they must get approval from immigration.
I would also talk to your boss about extra pay for travel time to the other locations(he's getting paid extra for your time and work so why shouldnt you?) |
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indigo
Joined: 03 May 2006
Location: Yeoju
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| Posted: Fri Sep 01, 2006 6:53 am Post subject: |
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| thank you! this is all very helpful! |
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W.T.Carl
Joined: 16 Jan 2003
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| Posted: Fri Sep 01, 2006 7:02 am Post subject: |
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| Keep in mind that your average hogwon is a racket. To term them "shady" is putting it mildly. |
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indigo
Joined: 03 May 2006
Location: Yeoju
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| Posted: Fri Sep 01, 2006 7:07 am Post subject: |
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| Since Jan 2006 all employees must be enrolled in the pension and health plan! So yes you are entitled to it. |
Just to clarify, does the employer have to match what I contribute to the pention plan? And it doesn't matter what my salary is or how many employees work at my school, every employee must be enrolled?
Grotto, you are right about extra pay for extra time. My boss is going to provide me with cab fare to get there and back, as well as change my schedule so I'll leave earlier each night (working less hours, getting paid the same - not really a bad deal in the end.) But I'll have to talk about the legalities... I know the other school needs some of my paperwork, but I'll bet it's just to show parents. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Fri Sep 01, 2006 8:08 am Post subject: |
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| Just to clarify, does the employer have to match what I contribute to the pention plan? And it doesn't matter what my salary is or how many employees work at my school, every employee must be enrolled? |
Yes your employer must match your contribution. It doesnt matter what your salary is or how many people work at the school. EVERY employee must be enrolled in the National health plan and the National pension plan! |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Sep 01, 2006 10:53 am Post subject: Re: hogwan legality questions... |
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| indigo wrote: |
I've been working at a hogwan since February. I've gotten along well with my boss, and things have seemed fair, though I don't think the owner knows a lot about legalities. I've tried to educate myself, but it's easy to get lazy about it when things are going smoothly. So a few things have come up. First off, what is the pension plan people talk about? Do you qualify for this during your first year of teaching?
Second, it seems to be a common practice that my hogwan "rents" foreign teachers out to other schools. I've seen it go on with other teachers, and now the owner is scheduling me to work at another school too. So the deal is I have to go teach classes at a different school, and the hours I teach there are just considered part of my normal contract hours. The hogwan gets money from the other school - I don't see a penny of it. Is this legal? (And if not, can anyone point me to the sources that says it's not?) And is it a common practice? |
The National Pension Act and foreigners
http://www.nps4u.or.kr/eng/enpsk.html?code=./enpsk/a06.html
Foreigners working at the workplace with more than 5 full-time employees were included in the mandatory coverage in August 1995 and those working at the workplace with less than 5 employees including self-employed foreigners were also included in the mandatory coverage in April 1999. Accordingly, foreigners aged from 18 to less than 60 who reside in Korea must be, in principle, covered under the Scheme
The exceptions are those with F1,F3 or D-class visas.
http://www.nps4u.or.kr/eng/g-index.html
How to change or add the place of work ?
http://www.immigration.go.kr/HP/IMM80/imm_04/imm_0404/sm8.jsp
If you want to change or add the place of stay, you are required to apply for a permission to a local or district Immigration office
To apply for the permission, you should make an application to a local or district Immigration office having jurisdiction over the place of your stay, either by visiting in person or by proxy
Document requirements are as follows
=A travel document ex) passport
=An Alien Registration card
=Application forms (Downloadable forms)
=Other documents each category of visa may require addtionally
-Fees (60,000 won)
If your application is accepted, the Immigration officer in charge will stamp your passport and record the amendments on the back of your alien registration card.
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Khyron
Joined: 27 Jan 2005
Location: Japan
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| Posted: Fri Sep 01, 2006 2:41 pm Post subject: |
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| ttompatz, why did you post outdated information about pension? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Sep 01, 2006 5:53 pm Post subject: |
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| Khyron wrote: |
| ttompatz, why did you post outdated information about pension? |
Not outdated.... pension has been manditory for a long time.
-For larger companies it became manditory back in 95.
-For small companies it became manditory in '99.
THE NATIONAL PENSION ACT
Promulgated by Law
No. 3902 Dec. 31, 1986
Amended by:
Law No. 4110 Mar. 31, 1989
Law No. 4541 Mar. 6, 1993
Law No. 4909 Jan. 5, 1995
Law No. 4971 Aug. 4, 1995
Law No. 5453 Dec. 13, 1997
Law No. 5454 Dec. 13, 1997
Law No. 5623 Dec. 31, 1998
Law No. 5982 May. 24, 1999
Law No. 6027 Sep. 7, 1999
Law No. 6124 Jan. 12, 2000
Law No. 6164 Jan. 12, 2000
Law No. 6286 Dec. 23 2000
That is how long the hakwons have been cheating you.
Unfortunately you only have a 3 year period (time window from date of non-compliance) in which to make your complaint.
Perhaps you were thingking about NHIC medical?
It was optional before Jan2006.
With legislation passed in July 2005 became manditory in Jan 2006.
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Hater Depot
Joined: 29 Mar 2005
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| Posted: Fri Sep 01, 2006 10:03 pm Post subject: |
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If you want to read the official English translation of the Labor Standards Act (with source cited all the way at the bottom), here it is.
http://wiki.galbijim.com/Labor_Standards_Act |
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