Korean Job Discussion Forums

fj007 · Joined: 21 Jan 2008

hey all,

I'm 2 weeks away from finishing my contract and i'm being screwed by my director in the following ways:

1. they refuse to pay for my ticket home at the end of my 1 yr contract. they claim that b/c i was hired in korea, they paid for my japan visa run ticket, and that nulls my return ticket home. this was not mentioned when we went over the contract together last year before we both signed it, nor was it written into the contract.

- i went to the labour board office and they said they can only help w/ salary matters, not "extra" pay like medical/pension/plane tickets etc. so basically they were no help. they suggest i take the school to civil court. (which i have heard can take up to a year to get your case heard in front of a judge).

2. the school never registered me under the pension program since i got hired last year. there is no mention of pension in my contract, but i called the pension office earlier this week, and they told me that it's mandatory, even if it's not in the contract. they are sending someone from the regional office out here next week to check things out.

- i brought this up back in june, and even went to the regional office to protest. they apparently called my director, then she ended up telling me that there is a law where schools can choose not to apply for pension. the director also told me that if i brought it up again i could no longer work there.

bottom line, i'm getting screwed...any advice about my options, besides a long drawn out court battle? also, i need proof of any options available to me, or at least the ability to speak to someone in English about it.

i just hope they pay me my last paycheck and severance pay on the day they promiosed to pay me, my last day.

samcheokguy · Joined: 02 Nov 2008 Location: Samcheok G-do

Boris the Enforcer will fix ANYTHING for a price, but do you want his number?

TheUrbanMyth · Joined: 28 Jan 2003 Location: Retired

jadarite · Posted: Wed Nov 19, 2008 2:34 am Post subject:

If you were hired in Korea, then they didn't have to pay for your flight to Korea. That should have been more expensive than any visa run to Japan. So, it doesn't make any sense. Obviously, they are taking advantage of you. Check your contract, and if it is written in there that they pay for it, then you have a right to that.

Chances are, they won't pay you for your last month. Get ready for it. Hopefully, someone won't confiscate their computer hard drives and cut all the computer cords.

buymybook · Joined: 21 Feb 2005 Location: Telluride

fj007 · Joined: 21 Jan 2008

Your employer doesn't have to pay pension if they have only 5 full-time employees or less.

- where is there proof of this...school not having to pay pension. as a canadian, the law as i know it requires me to pay into pension, and for the school to match, regardless of how many employees.

How much is the "fee" for Mr. Jung? what can he say/do to help me specifically? can he take appointments in the morning?

Ramen · Joined: 15 Apr 2008

Only 2 weeks before finishing your contract?

Unless you're planning on staying in Korea for several months to fight this problem of yours, sorry to say it but you're SOL.

As for your pension, visit the NPS office. File your pension claim. Pay your share of the pension (4.5% of your total gross income). NPS will collect your employer's share and pay you the lump sum.

Chamchiman · Joined: 24 Apr 2006 Location: Digging the Grave

robbyt · Joined: 14 Jun 2006

WRT national pension, I'm pretty sure the "5 employees or less " was an old rule that no longer exists.

Anyways, you probably have to start your fight at the tax office, odds are that your director has you classified as self-employed/independent contractor. That allows him to avoid paying pension/health care as well as other fees such as unemployment insurance, workplace accident insurance and so on. If you are classified as self-employed, the pension office won't help you. Go to the tax office with relevant documents in hand (hopefully you have a contract which says you're and employee and not independent) and try and persuade them to change your status. Then you go to the pension office and straighten things out. Be ready to pay all of the year's contributions (4.5%) AS WELL AS health insurance payments for the entire year. Not sure if they waive the h.ins. since you're at the end of contract, but don't expect it.

In addition, the tax rate for the "self-employed' is 3.3% (instead of around 2.0%) which he *probably* doesn't submit to the tax office and puts in his pocket. I'm also finishing up my contract soon and don't want to get screwed. I've been asking for official government tax receipts for the deductions taken, but the manager keeps on giving excuses and avoiding the issue. Past employees (Korean and foreign) haven't been able to get receipts for their tax deductions either.

Good luck, let us know your outcome.

SharkDiver · Joined: 08 Nov 2008

Once you are registered for the national health insurance you should automatically be set up for the pension. I had a lying boss at OEDAE in Suwon (is that where you are?) and she tried the same thing. Saying I was self employed. But she enlisted me in the medical insurance and when I saw I was not in the pension scheme the pension office said it was automatic.

When she finally enrolled me she tried to get me to waive the pension scheme saying I would lose money, etc. Then she tried to lie about my start dates. What I did was just contact the pension office and they contacted her and that began the process to straighten it around. She deducted a bunch of back pay for pension and a little for health insurance. But she pocketed this too. But after contacting the pension office again she had to come clean. Well almost.

If you must pay backpay make sure you pay it directly to the office yourself. The pension office said they would only pay out pension money to me that they had already collected. They refused to pay everything out in full and then collect later. Perhaps this depends on the office.

She also refused my airfare home. I couldn't do much. I just waited until I got my final pay and then raised hell. If you raise hell first they may just screw you even worse.

If you stay around for another contract then you'll have the time to take recourse.

bobranger · Joined: 10 Jun 2008 Location: masan

If you hired in Korea, the school does not have to pay airfare rule is a bit strange. Think about this scenario: I finish my contract and my visa is over but I spent all my money and have no way to get home.
What would one do? It should be mandatory that the employer must have a ticket before the last day of my contract/e-2 visa.

Juregen · Joined: 30 May 2006

EricaSmile84 · Joined: 23 Jan 2008

Gosh that sucks. Why are people so sleezy!?