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Pension/Severance... Help!

 
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Emily3373



Joined: 27 Jun 2007

PostPosted: Sun Jun 08, 2008 1:38 am    Post subject: Pension/Severance... Help! Reply with quote

I couldn't find the answer I was looking for after trying to search through the many pages of related topics... sorry if I'm reposting something that was already answered.

Do you have to prove you were legally working in Korea for one full year to get your pension and severance? I didn't go on my visa run until almost 2 months after I arrived and started working. So I was technically working illegally for about 1 1/2 months. Will this cause any problems when I go to get either my pension refund or my severance?

Thanks!
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Zaria32



Joined: 04 Dec 2007

PostPosted: Sun Jun 08, 2008 1:57 am    Post subject: Reply with quote

First, do you know if your employer is actually paying into pension? Are they withholding from your paycheck? Have you called pension (if the answer to the first two questions is yes.)

As far as pension, IF they are paying, your 2 months late visa probably won't make a differeence. As far as severance goes, they can try and get out of it, but your contract would help support you in this.

Having said that, a school which had you work illegally for two months is probably not a school which likes to pay pension and severance, so don't hold your breath.
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icicle



Joined: 09 Feb 2007
Location: Gyeonggi do Korea

PostPosted: Sun Jun 08, 2008 2:19 am    Post subject: Reply with quote

To answer your questions:

It is your employer who pays the severance ... So if you trust them to pay you what you are entitled to ... then the amount of time you had your visa is not the main factor in you getting paid or not ... It is your employer who pays it ... BUT if they don't do the right thing then the amount of time you worked illegally might have an impact on whether Labor will help you get it from your employer ...

You don't have to work here for 12 months to be able to get your pension back when you leave Korea .... You can get it back for any period of time (as long as you are from the US, Canada and from 1 July Australia) ... BUT it does need to have been paid ... by your employer and by you (half each) ... usually by deduction from pay ... then submitted by employer ... So if your employer has been doing the right thing ... Then you will get it back .... Ring the Pension Office and they will be able to tell you whether your employer has been paying it ...

It is also true that an employer who is prepared to risk someone working for them illegally for a couple of months without a visa is potentially a poor risk for not trying to get out of severance or pension ... But at least as far as pension goes you can check before raising the issue with them ...

Icicle
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