Korean Job Discussion Forums

[Esparrow1]

I have been in Korea for only 6 weeks and everything has been tremendous, except for recent conflict with my hagwon concerning National Health Insurance and Korean Pension. Despite the many things I have read and the many people I have spoken with, the school is telling me they do not have to provide this, and they continue to mislead me about "their interpretation" of Korean law and what is required per our employment contract.

Originally, the school offered me "travelers insurance" instead of the Korean National Health Insurance, because it is cheaper and "is not specified in the contract." The school has even admitted they do not want to provide National Health Insurance because then they will also have to provide Pension.

I have spoken with many foreign teachers and read many discussions posted to this website to familiarize myself with my rights and Korean law. I have also telephoned the local branch of the National Pension office and the National Health Insurance office, both of whom assure me I am correct. These offices have also telephoned the school on my behalf, and must have raised a stink, because the school later told me they were disappointed that I made these calls.

Yesterday, the school agreed to provide me with the National Health Insurance, and they offered to provide the Korean Pension, but only if I agree to reduce my salary by the cost of the Pension or if I pay 100% of this cost. Their excuse is enrollment is down and they cannot afford to pay my salary, my rent, and these other benefits.

So my questions are:
1) Should I feel any remorse to their situation and offer a concession to my demands?

2) Have I now endangered my employment relationship with a full 10.5 months remaining on my contract? If so, should I be prepared for the school to attempt something in the final months to force me to quit so they do not have to pay my return airfare and bonus upon completion of the term?

3) If these issues are not resolved soon, is the school in violation of the contract (and the law) and am I able to break the contract without liability to myself? The school fully paid my airfare to Korea and I have already received my first months salary, so I feel like I can walk without losing much.

I hope to resolve this matter successfully, and with as little conflict as possible, or I may soon be looking for another teaching position. Any suggestions or feedback are welcome.

[polonius]

I can only suggest that if the company were to have originally offered the Health insurance and Pension, then they would have offered you a lower salary to begin with.

1) It is their fault for trying to get away with this, and now they need to pay up. I wouldn't feel bad.

2) Yes, they are now going to perceive you as troublesome. No one will know what they will do next. They could possibly do everything you stated. Just in case, get another set of documents in order to apply for another job.

[cruisemonkey]

Do not back down. Do not take a salary cut.

You are working for a 'crapwon' - any consessions you make will be seen as weakness and you will exploited even further. Unfortunately, you haven't been here long enough to avail yourself of legal protections.

They will treat you like ddong... so prepare to do a midnight run after next payday.

[yingwenlaoshi]

[amemorylost]

Basically what you're encountering is what many Hagwons do to get around paying health and pension, which is to put their foreign workers on independent contractor tax status. Whilst this is technically illegal, you'll find that so many Hagwons do that even government agencies will often just accept it as standard practice.

Legally, what you should be getting is an employee status, and if you contact your local labor board they should be able to bully your Hagwon into it: Employee status gets you health and pension contributions so you each 50% each: your Hagwon telling you it should be completely deducted from your salary is rubbish, because they're legally required to pay half for pension and the national health insurance plan. The other thing you might want to check is how much tax your paying on your current earnings, as no doubt you'll probably be getting screwed there too in some form or other.

1) This demands on you. A big problem in Korea is that many teachers don't make a fuss about stuff like this, so it's accepted as common practice and you get 'Well, the last foreign teacher didn't complain' arguments crop up. Pension is an important thing if you can get it back at the end of your contract(depending on your nationality: Brits can't claim back) but a black hole in your income if you can't.

2)Yeah, I'd expect there to be repercussions. Of course I don't know your director, but I think this would be a safe bet.

3)The problem is with breaking contracts is that even if you're legally in the right, that doesn't guarantee you fair treatment. I guess what I would expect if the labor board forced them into putting you on the correct status and benefits is for them to bear it for a month, and then find or invent a reason to get rid of you, and claim as much money back as they can.

Essentially, you're in a really tough situation at the moment.

[roknroll]

[tittletattle]

OP,

I have exactly the same problem, no health insurance and no pension. I recently received some letter apparently from head pension office saying I will be paying individual status pension, this is not going to happen...

I have had other problems with my job and have pretty much decided to do a runner, though when I have not yet decided.

I'd just say be prepared for the worst from your school and don't give in to them. I agree with the other poster, get your documents together ready to apply for another job... if you're planning on staying in Korea.

Good luck!