| View previous topic :: View next topic |
| Author |
Message |
Adventurer
Joined: 28 Jan 2006
|
 Posted: Fri Apr 11, 2008 1:19 am Post subject: Foreigners are free lancers? Koreans laws and problems... |
 |
|
| A friend of mine is still having trouble at pension. Her boss didn't pay into pension. More than one pension person mentioned that it should be in the contract. Of course, the law says it doesn't have to be, and more than one talked about her being registered as a free-lancer. Is it even legal to be registered as one? I thought we aren't supposed to be registered as free-lancers or as a sub-contractor? What are the laws exactly on this issue? Must she go to the tax office to get things straightened out before going back to pension? How deals with this error in terms of being registered as a subcontractor? |
|
| Back to top |
|
 |
abetterpitchfork
Joined: 06 Apr 2008
|
| Posted: Mon Apr 14, 2008 4:48 pm Post subject: |
|
|
Bump for this, because I'm not too clear on the particulars here either. I know a lot of people are just posting "It's wrong and illegal" which I certainly have no trouble believing, but is there any sort of documentation to prove this?
Ttompatz? Anyone? |
|
| Back to top |
|
|
T-dot
Joined: 16 May 2004
Location: bundang
|
| Posted: Mon Apr 14, 2008 5:22 pm Post subject: |
|
|
Hagwon teachers can be classifies as free lancers, but this usually applies to Korean teachers.
E-2 Visa holders (as far as I know) cant be considered free lance workers because their salaries are set and are not dependant on x-amount of students.
If your friend is doing his tax return now; then he most likely is classified as a free- lancer by the tax office. Most teachers who are salaried workers probably did their return in December. |
|
| Back to top |
|
|
Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
|
| Posted: Tue Apr 15, 2008 12:34 am Post subject: Re: Foreigners are free lancers? Koreans laws and problems.. |
|
|
| Adventurer wrote: |
| Must she go to the tax office to get things straightened out before going back to pension? |
Yes.
And when NTS refuses to change the tax tatus, she'll probably have to go to Immigration to tell NTS that E2s cannot be free lancers. |
|
| Back to top |
|
|
Whistleblower
Joined: 03 Feb 2007
|
| Posted: Tue Apr 15, 2008 12:46 am Post subject: |
|
|
| It's a definite loophole that most employers would try to get out of paying health care, pension etc. Could ATEK approach government to highlight this endemic problem for foreigners working in Korea? I think the government are unaware of this and thus are unable to act. I think companies that try this sort of tactic should be fined and their license for their school to be withdrawn. Are there any ATEK members that would like to act on this? |
|
| Back to top |
|
|
jangsalgida
Joined: 11 Jan 2006
|
| Posted: Tue Apr 15, 2008 1:10 am Post subject: |
|
|
I've been told that if you've got an E-2 visa and work for a 2nd employer(permission to work from your original sponsor), let's say at an after-school program you can be considered a "Free Lancer/Independent Contractor." I don't believe it though.
How can that be when to work for a 2nd employer you need a "permission document" to submit to Immigration? If you need "permission" that is certainly NOT "Free/Independent."
It could be as far as the Labor Ministry is concerned(severance), but I don't think it's so for tax issues. We are getting screwed and nobody is willing to help, not even that foreign guy "Gerald" at that Kangnam law office that that one attorney(B. Carr) recommended. Why would he help? If he did, he'd have a flood of folks seeking his help and no Korean law office is about to go up against the Education Ministry and all those Public Schools screwing us. |
|
| Back to top |
|
|
Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
|
| Posted: Tue Apr 15, 2008 2:16 am Post subject: |
|
|
| jangsalgida wrote: |
| I've been told that if you've got an E-2 visa and work for a 2nd employer(permission to work from your original sponsor), let's say at an after-school program you can be considered a "Free Lancer/Independent Contractor." I don't believe it though. |
You could be considered a freelancer AT THE SECOND JOB, but not your primary workplace. |
|
| Back to top |
|
|
I-am-me
Joined: 21 Feb 2006
Location: Hermit Kingdom
|
| Posted: Tue Apr 15, 2008 4:31 am Post subject: |
|
|
| Quote: |
| she'll probably have to go to Immigration to tell NTS that E2s cannot be free lancers |
I just did that yesterday. The response from the immigration guy was "we dont have anything to do with the tax office" I wasted about an hour just to be told that. Take what you can from the immigration site to show you cannot be an independant contractor to the tax office. Immigration will not help at all. |
|
| Back to top |
|
|
Kimchieluver
Joined: 02 Mar 2005
|
| Posted: Tue Apr 15, 2008 4:41 am Post subject: |
|
|
| Whistleblower wrote: |
| It's a definite loophole that most employers would try to get out of paying health care, pension etc. Could ATEK approach government to highlight this endemic problem for foreigners working in Korea? I think the government are unaware of this and thus are unable to act. I think companies that try this sort of tactic should be fined and their license for their school to be withdrawn. Are there any ATEK members that would like to act on this? |
The government is fully aware of this. They just don't care. They are fully aware of a lot of the problems foreigners face here, not just teachers and DDD workers. They just don't care. This is a country where an American can not be on the Board of Governors in the Korean Division Of General Motors. |
|
| Back to top |
|
|
Adventurer
Joined: 28 Jan 2006
|
| Posted: Tue Apr 15, 2008 5:29 am Post subject: |
|
|
| Kimchieluver wrote: |
| Whistleblower wrote: |
| It's a definite loophole that most employers would try to get out of paying health care, pension etc. Could ATEK approach government to highlight this endemic problem for foreigners working in Korea? I think the government are unaware of this and thus are unable to act. I think companies that try this sort of tactic should be fined and their license for their school to be withdrawn. Are there any ATEK members that would like to act on this? |
The government is fully aware of this. They just don't care. They are fully aware of a lot of the problems foreigners face here, not just teachers and DDD workers. They just don't care. This is a country where an American can not be on the Board of Governors in the Korean Division Of General Motors. |
You know the government here reminds me of some of the guys who are in government in Texas and in the school districts there. They don't care about making things much better for the teachers. In some cases, they even want to reduce standards such as bringing Mexicans to teach in the schools or have people not take certification tests. With the Korean Government, they are thinking of bringing in high school graduates from the U.S., and bringing in more Phillipinos.
The Korean Government is not doing either Koreans or foreigners much of a service with the quality of government workers. I mean way too many civil servants have no idea what they are doing. I doubt they have to go through rigorous tests and have all these qualifications to be in government like people have to in Germany, Canada, the US, and Britain. You really have to be good to work in our governments. |
|
| Back to top |
|
|
Rumple
Joined: 19 Sep 2007
|
| Posted: Wed Apr 30, 2008 7:41 pm Post subject: |
|
|
| Whistleblower wrote: |
| Could ATEK approach government to highlight this endemic problem for foreigners working in Korea? I think the government are unaware of this and thus are unable to act. Are there any ATEK members that would like to act on this? |
There aren't any ATEK members, period. ATEK hasn't yet adopted a charter/constitution or accepted any members. But I do think that this issue will be one that members will want to address, when there are members, that is. |
|
| Back to top |
|
|
Adventurer
Joined: 28 Jan 2006
|
| Posted: Wed Apr 30, 2008 9:29 pm Post subject: |
|
|
| Rumple wrote: |
| Whistleblower wrote: |
| Could ATEK approach government to highlight this endemic problem for foreigners working in Korea? I think the government are unaware of this and thus are unable to act. Are there any ATEK members that would like to act on this? |
There aren't any ATEK members, period. ATEK hasn't yet adopted a charter/constitution or accepted any members. But I do think that this issue will be one that members will want to address, when there are members, that is. |
ATEK? I am not part of ATEK, and I haven't been encouraged from anything I've heard about them to join. I haven't heard that the head of ATEK has a lot of experience in Korea. Has anyone? What we need is the government to enforce their laws and crack down on corruption. Basically, Lee Myung Bak has to do his job and make sure the civil servants are doing their job.
As far as my friend, it appears the pension office was very helpful, and she is to get her money. I don't know if the office will keep an eye on her employer to make sure he stops violating the law, but, at least my friend is getting financial justice. That's a good thing. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
