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Flash Ipanema
Joined: 29 Sep 2006
Location: Seoul
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 Posted: Thu Feb 28, 2008 6:40 am Post subject: Last Day Screw Over |
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Today when I got to work my supervisor showed me my final pay stub and it was a mess.
The first two months I worked, they deducted pension and health insurance, and I got a health booklet (but it turns out they didn't actually pay that money to the pension office). The third month they took the three foreign teachers off (possibly because the other two were British and wouldn't get their pension money back). We got private health insurance, same price and the school paid half. The school stopped deducting my pension, until after enough complaining by me they finally got me re-enrolled - but with a catch. Instead of the school deducting from my pay, they add their share to my paycheck and I get a bill from the pension office and pay it myself. I was okay with that because I knew for certain the money was getting paid into the pension system.
Today they said that they deducted all the pension money they paid me from my final paycheck. APPARENTLY they just read my contract and took issue with this: "[Deductions] National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation)." It says I have to pay but it doesn't say they have to match my contributions, so they took all my money back. The pension website also says "Foreigners who are aged between 18 and 60 and who are residing and working in Korea, regardless of
their nationality, should be covered under the NPS" but doesn't say the employer has to match. They claim that the only reason they gave me the money is because I told them to and they assumed it was in my contract.
Pension: -1,116,000 won
The reason they finally read my contract? I reported them to the tax office for registering me as an independent contractor instead of an employee. I still haven't gotten that straightened out either, so no tax refund.
Tax Refund: approx. -700,000 won
And let's not forget the 7 days of vacation I didn't get. Instead I got it paid in cash. I calculated the amount at 100,000 won/day: working 20-21 days a month, at 2.1 mil. They divided by salary by 30 days. I told them that's not right, that they can't charge me for days I didn't work. They explained that Korean law only allows two days off if you worked 5. Which affects me how exactly?
Vacation: -180,000 won
And yet they miraculously gave me my housing deposit back and told the office today that I was the best teacher before giving me a cake. Because that cake is worth 2 million won, right?
Oh, and the kicker: I worked until 9:30 tonight and my flight is at 11:30 tomorrow morning so my entire fight will be via e-mail to the various offices. It's a sad way to go because I actually liked my school and my experience here, but this has completely ruined it all, in the space of 10 minutes. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Thu Feb 28, 2008 7:15 am Post subject: |
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| Bummer! |
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DrunkenMaster
Joined: 04 Feb 2008
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| Posted: Thu Feb 28, 2008 7:29 am Post subject: |
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| Why don't you post the name of the school, and contact your replacement... |
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nomad-ish
Joined: 08 Oct 2007
Location: On the bottom of the food chain
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| Posted: Thu Feb 28, 2008 8:36 am Post subject: |
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and that's why you never leave right after a contract.
OP, that really sucks, but what about your severance? |
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marlow
Joined: 06 Feb 2005
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| Posted: Thu Feb 28, 2008 5:17 pm Post subject: |
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| This pension thing is bothering me a bit. Are you sure, by law, that they don't have to pay? If you are the right nationality you get your money and theirs back when you leave. |
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just because
Joined: 01 Aug 2003
Location: Changwon - 4964
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| Posted: Thu Feb 28, 2008 6:31 pm Post subject: |
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| marlow wrote: |
| This pension thing is bothering me a bit. Are you sure, by law, that they don't have to pay? If you are the right nationality you get your money and theirs back when you leave. |
It doesn't matter what nationality you are...you still have to pay into the pension scheme.
However for some nations you might as well be throwing money into the toilet as you will never see it again and that is why people ask not to pay it. |
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Adventurer
Joined: 28 Jan 2006
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| Posted: Thu Feb 28, 2008 6:47 pm Post subject: |
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| marlow wrote: |
| This pension thing is bothering me a bit. Are you sure, by law, that they don't have to pay? If you are the right nationality you get your money and theirs back when you leave. |
My first school tried its best not to pay the pension. My second school paid it, but I know they were not reporting my income correctly, but I didn't bother, because I know I am in Korea and most of it was being paid. I just thought it was nuts how they try to cheat you even out of 10 bucks a month or so. What's up with that? I was making at least 2.4 million every month, and my pension said 88,000. It should have have been about 108,000 a month. However, you've got to choose your battles, I suppose. Getting cheated somehow in Korea even if it is 20 bucks a month is never surprising. It is funny when you consider it a selling point for you to stay somewhere, because you were paid on time and paid. In our countries, that's a given:) LOL |
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marlow
Joined: 06 Feb 2005
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| Posted: Thu Feb 28, 2008 6:50 pm Post subject: |
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| just because wrote: |
| marlow wrote: |
| This pension thing is bothering me a bit. Are you sure, by law, that they don't have to pay? If you are the right nationality you get your money and theirs back when you leave. |
It doesn't matter what nationality you are...you still have to pay into the pension scheme.
However for some nations you might as well be throwing money into the toilet as you will never see it again and that is why people ask not to pay it. |
Apparently the OP's boss is making the OP pay, but refusing to pay the employer's half, because it doesn't say so in the contract. I would think the law is that the employer has to pay as well.
If the OP is eligible to get it back, then he would get his part back plus the employer's part. Right now the OP is seeing pension as 1.1M in the hole, whereas it could be a 1.1M bonus.
If he can't get it back, then at least he can burn the employer for the contribution as well, and they both lose the 1.1M. I don't see why the employer is so excited about trying to deduct this money for pension from the OP, but not paying it himself. I think he is just stealing the pension money. |
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cmr
Joined: 22 Mar 2006
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| Posted: Thu Feb 28, 2008 7:10 pm Post subject: |
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| If you won't give out the name of that school, at least tell us the location/area. |
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rockstarsmooth
Joined: 01 Aug 2006
Location: anyang, baybee!
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| Posted: Thu Feb 28, 2008 7:10 pm Post subject: |
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oh flash!
fuck those fuckers!
sorry i have nothing constructive to say, but i wanted to let you know that i am pissed off on your behalf.
rss 
 right now i'm listening to: hellking - blazing skull |
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xtchr
Joined: 23 Nov 2004
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| Posted: Thu Feb 28, 2008 7:26 pm Post subject: Re: Last Day Screw Over |
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[quote="Flash Ipanema"
Because that cake is worth 2 million won, right?
[/quote]
Paris Baguette is really overpriced.
Sorry to hear your story. Hopefully you'll get it all sorted out.
I've decided I need to allow myself two weeks in country after my contract has ended, just in case something like this happens. I want to be on the first plane out, and really don't want to stay past my contract, but I have to look after my own interests. |
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roknroll
Joined: 29 Dec 2007
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| Posted: Thu Feb 28, 2008 8:03 pm Post subject: Re: Last Day Screw Over |
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| Flash Ipanema wrote: |
Today when I got to work my supervisor showed me my final pay stub and it was a mess.
The first two months I worked, they deducted pension and health insurance, and I got a health booklet (but it turns out they didn't actually pay that money to the pension office). The third month they took the three foreign teachers off (possibly because the other two were British and wouldn't get their pension money back). We got private health insurance, same price and the school paid half. The school stopped deducting my pension, until after enough complaining by me they finally got me re-enrolled - but with a catch. Instead of the school deducting from my pay, they add their share to my paycheck and I get a bill from the pension office and pay it myself. I was okay with that because I knew for certain the money was getting paid into the pension system.
red flags month 3--that was when he decided the indep. contractor scam. did anyone use their private health coverage? wonder if he actually paid a company anything. they stopped deducting pension because only 'employers' deduct pension, indep. contractors pay their own if they want it--and the full 9%---so they were appeasing you with payments and probably had planned to deduct from your final pay anyway.
Today they said that they deducted all the pension money they paid me from my final paycheck. APPARENTLY they just read my contract and took issue with this: "[Deductions] National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation)." It says I have to pay but it doesn't say they have to match my contributions, so they took all my money back. The pension website also says "Foreigners who are aged between 18 and 60 and who are residing and working in Korea, regardless of
their nationality, should be covered under the NPS" but doesn't say the employer has to match. They claim that the only reason they gave me the money is because I told them to and they assumed it was in my contract.
bs, planned all along--bait and switch game. the law is on your side, however they play the indep. cont. game and it is quite widespread in the rok--so your not alone if that's any consolation.
Pension: -1,116,000 won
The reason they finally read my contract? I reported them to the tax office for registering me as an independent contractor instead of an employee. I still haven't gotten that straightened out either, so no tax refund.
whichever teacher tries to call them on paying what's lawfully theirs, they would pull this crap. employee or indep cont--this is the crux of the whole situation.
Tax Refund: approx. -700,000 won
And let's not forget the 7 days of vacation I didn't get. Instead I got it paid in cash. I calculated the amount at 100,000 won/day: working 20-21 days a month, at 2.1 mil. They divided by salary by 30 days. I told them that's not right, that they can't charge me for days I didn't work. They explained that Korean law only allows two days off if you worked 5. Which affects me how exactly?
unfortunately, they are right here according to korean law. it's done differently here. moral of the story on vacation: always take your vacation days because they end up including the weekend to water it down.
Vacation: -180,000 won
And yet they miraculously gave me my housing deposit back and told the office today that I was the best teacher before giving me a cake. Because that cake is worth 2 million won, right?
isn't it nice getting screwed by someone who is pleasantly smiling at you?
to put it into English: hakwon owners-->"don't take it personally Flash, you've been a great teacher but we play no favorites when screwing foreigners out of their cash"
Oh, and the kicker: I worked until 9:30 tonight and my flight is at 11:30 tomorrow morning so my entire fight will be via e-mail to the various offices. It's a sad way to go because I actually liked my school and my experience here, but this has completely ruined it all, in the space of 10 minutes. |
maybe will get some feedback from others who've been in the same fix. the prospects don't look good. u ever plan on coming back? if not, sully their rep and they'll lose cash in the future (they live in a glass house too). |
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marlow
Joined: 06 Feb 2005
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| Posted: Thu Feb 28, 2008 8:34 pm Post subject: Re: Last Day Screw Over |
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| Flash Ipanema wrote: |
Instead of the school deducting from my pay, they add their share to my paycheck and I get a bill from the pension office and pay it myself. I was okay with that because I knew for certain the money was getting paid into the pension system.
Today they said that they deducted all the pension money they paid me from my final paycheck. APPARENTLY they just read my contract and took issue with this: "[Deductions] National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation)." It says I have to pay but it doesn't say they have to match my contributions, so they took all my money back. |
I didn't read this very carefully the first time. What you need to confirm is whether or not your employer is legally responsible for paying the pension. The contract doesn't matter. |
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roknroll
Joined: 29 Dec 2007
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| Posted: Thu Feb 28, 2008 8:59 pm Post subject: Re: Last Day Screw Over |
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| marlow wrote: |
| Flash Ipanema wrote: |
Instead of the school deducting from my pay, they add their share to my paycheck and I get a bill from the pension office and pay it myself. I was okay with that because I knew for certain the money was getting paid into the pension system.
Today they said that they deducted all the pension money they paid me from my final paycheck. APPARENTLY they just read my contract and took issue with this: "[Deductions] National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation)." It says I have to pay but it doesn't say they have to match my contributions, so they took all my money back. |
I didn't read this very carefully the first time. What you need to confirm is whether or not your employer is legally responsible for paying the pension. The contract doesn't matter. |
from above:
they stopped deducting pension because only 'employers' deduct pension, indep. contractors pay their own if they want it--and the full 9%---so they were appeasing you with payments and probably had planned to deduct from your final pay anyway.
| Quote: |
| What you need to confirm is whether or not your employer is legally responsible for paying the pension. |
of course, the OP did this at the tax office. hakwonS try to get around the law by stating that your an independent contractor and not an actual employee. yet on E2 visas, WE MUST BE SPONSORED BY AN EMPLOYER. they probably get away with skirting the law as with anything else: BRIBES OR HOPE THEY DON'T GET CALLED ON IT. THEY USE THE TEACHER'S QUICK DEPARTURE FROM KOREA AGAINST THEM HERE. |
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marlow
Joined: 06 Feb 2005
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| Posted: Thu Feb 28, 2008 9:07 pm Post subject: Re: Last Day Screw Over |
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| roknroll wrote: |
| marlow wrote: |
| Flash Ipanema wrote: |
Instead of the school deducting from my pay, they add their share to my paycheck and I get a bill from the pension office and pay it myself. I was okay with that because I knew for certain the money was getting paid into the pension system.
Today they said that they deducted all the pension money they paid me from my final paycheck. APPARENTLY they just read my contract and took issue with this: "[Deductions] National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation)." It says I have to pay but it doesn't say they have to match my contributions, so they took all my money back. |
I didn't read this very carefully the first time. What you need to confirm is whether or not your employer is legally responsible for paying the pension. The contract doesn't matter. |
from above:
they stopped deducting pension because only 'employers' deduct pension, indep. contractors pay their own if they want it--and the full 9%---so they were appeasing you with payments and probably had planned to deduct from your final pay anyway.
| Quote: |
| What you need to confirm is whether or not your employer is legally responsible for paying the pension. |
of course, the OP did this at the tax office. hakwonS try to get around the law by stating that your an independent contractor and not an actual employee. yet on E2 visas, WE MUST BE SPONSORED BY AN EMPLOYER. they probably get away with skirting the law as with anything else: BRIBES OR HOPE THEY DON'T GET CALLED ON IT. THEY USE THE TEACHER'S QUICK DEPARTURE FROM KOREA AGAINST THEM HERE. |
OK. Now I understand. I'm a bit slow on the uptake. So, how can we help the OP? Can he actually be an independent contractor? |
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