Korean Job Discussion Forums

[inmytree]

I was under the impression that both of these HAD to be done legally by Korea law? Is this not the case? I tried looking it up but i thought someone might know off-hand and thus would be quicker.

Thanks to all...

[gangwonbound]

You can get both...That is if the School was paying the Pension in the first place...You also have to be from Australia, Canada or the US (maybe anohter 1 or 2 countries to be able to claim your pension as well.

[gajackson1]

***POST EDITED BECAUSE I WAS WRONG!!! (and other people on here know me & trust me to be right about this sort of stuff!)***


hmmm - this is almost 2 separate topics - but let's get the easy one done first:

pension AND severance are a REQUIREMENT under the law in SoKo, and almost everyone is entitled to it (a family-based business of 4 wouldn't have to, but that is one of the only examples off of the top of my head). You pay in to pension, your employer matches it, and you get it back at or after the end of your contracts. For severance, if you are working a year, you should get it at the end of a contract. There are sticky threads & FAQs here about pension - how to check yours, make sure the payments are correct, and how to receive your refund.

If either one is not in your contract, or is not being carried out properly, there is STILL the legal obligation! (although many owners will try to squirm around it, and some of the tactics are nothing short of evil)


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In general, the law supercedes/trumps any contract out there. Very few people I know get the vacation days provided for under labor law, or the bonuses for not missing days of work, etc. This forum is bigger than all the other forums for all the other countries combined (the Korean side of Dave's is bigger than everything else in the International boards).

It isn't that way because of all the great work experiences and honest bosses out there.

Best of luck to you; I hope you get both, and have a good teaching year.

Regards,

G.

[Poemer]

I could be mistaken, but I believe that severance is a requirement under labor law, along with pension.

In any case, there is no reason to accept a job that wants to make you choose one over the other. Every legitimate job in Korea pays severance and pension, no questions asked, its standard.

[eliross]

Severance is in the Labor Laws so it'll hold up if you take it to the labor board.

Article 34 (Severance Pay System)

(1) An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply.

[big_fella1]

[nachoinkorea]

The only legal way to not pay into your pension payments is if you are hired (and by that I mean "taxed") as an "independent contractor.

Korean tax law allows you to tax your staff in one of two categories: basic income (which is what most people are taxed) and business income.

Business income is a flat 3.3% and if your company has declared to the local tax office that they are taxing you at this rate then they do not need to provide pension for you, regardless of how many hours you work (this is a loophole in the tax law that makes the labor law requirement for pension a bit fuzzy).

If they are taxing you at basic incom, then you should be getting your pension.

[TheUrbanMyth]

[Looney]

[kalbi]

Both severance and pension are required by law.

Note however, there are TWO pension schemes here under which a teacher may be enrolled.

1. National Pension

http://www.npc.or.kr/jsppage/main.jsp

2. National Private Teacher's Pension.


Under National Pension, severance is mandated.

HOWEVER, under National Teacher's Pension, severance is optional which translates to no severance in 90% of the cases.

Hope this clears things up.