Korean Job Discussion Forums

proopser · Joined: 20 Oct 2009 Location: Gunsan

So I have a (possibly) unique situation. I renegotiated my contract to be 10 months instead of 12 while still maintaining a percentage of my severance bonus. I recently discovered that my employer has been mishandling pension and tax payments, taking too much money. In my contract it stipulates that I must pay the full 9% of the pension deducted each month as well as 5% for income taxes. Both of these figures are inflated and equate to about 1.4 mil KRW at year's end. My question is this; Is my boss legally obligated to pay me this money if my contract says I must pay for it? If so, am I rightfully able to collect my reduced severance should she choose to deny it to me? Since I am staying here ten months instead of twelve she has no obligation by law to pay me this severance though I do have a written and signed contract stating that she will. Any lawyer types able to sort this out for me? Should I hire a lawyer if the boss decides to become difficult? I have about a month left in the country.

nathanrutledge · Joined: 01 May 2008 Location: Marakesh

First, Korea doesn't have a federal government. National yes, federal no.

Secondly, you are entitled to everything the government says you are entitled to, even if a contract goes against the law. That's why it is the law.

On the flip side, if you have an agreement (in writing, that you can show and prove) that says you're going to get a prorated severance, then you're entitled to get that, because you have a contract and it's not ILLEGAL. I.E. you can always get more than the law allows, but never less, so a contract that says you get no severance ever and health care is optional is null and void, because the law says otherwise, and a contract that says you get handjobs included as part of your health plan is legal because it goes above and beyond whats required. Of course, it would have to be by a licensed practitioner, but I digress.

The key is what will the boss do, what will you do, and what will the labor board do. Just because a person is in the right doesn't mean the boss will capitulate and go home, and it doesn't mean that the labor board would agree with you. Long story short, get what's due to you, and good luck in that endeavor.

OculisOrbis · Joined: 17 Jul 2006

Contracts can give you more than the law, but clauses that give less or contradict a law are automatically void. Basically, law over contract unless it's to your benefit, then contact wins.

proopser · Joined: 20 Oct 2009 Location: Gunsan

I spoke to the boss today. They said they would reimburse me for the taxes/pension but then stated they would choose not to honor my revised contract. What are the proper channels of contact to get this issue investigated? Do I need a lawyer, a labor board query...?

OculisOrbis · Joined: 17 Jul 2006

youllhave to take them to court to get it. labor would only uphold severance if you completed a full year. what you have is a contractual issue between you and the employer that is not covered under the labor standards act. they probably wont actually reimburse youfor the pension, youll have to contact the pension office for that - theyll get fined and youll get your money. dont waste time arguing with them about it,just rat the bastards out.

proopser · Joined: 20 Oct 2009 Location: Gunsan

How exactly can I take them to court to get my severance when I have to leave soon after ending my contract (the time when I would get my severence)?

OculisOrbis · Joined: 17 Jul 2006

if you have a labor complaint or court case filed, immigration will give you a non-working extension for 30 (maybe up to 60) days to deal with your grievances. however, it has to be filed before you can get the extension. you can also name a proxy who will act on your behalf at labor board or in court if you leave before proceedings have completed.