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SoRoa2SoKo
Joined: 15 Nov 2009
Location: Roanoke, Virginia USA
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 Posted: Mon Jan 31, 2011 8:16 pm Post subject: Hagwon classifying teachers as migrant workers=no pension |
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| Hey everyone! I have recently found out that my Hagwon is not going to pay me my pension at the end of my contract. Apparently they are able to do this because they have classified us teachers as "migrant workers." I leave in a month and this money would be amazing to have in the end...but, is it possible to get it? Anyone know anything that could help me and my fellow teachers out? |
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jrwhite82
Joined: 22 May 2010
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| Posted: Mon Jan 31, 2011 8:35 pm Post subject: |
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Maybe they are right if you are on an E-9 visa. I've heard the "independent contractor" trick before, but not the migrant worker one yet.
Here's the deal with pension. You should have been paying into this from your first paycheck. Your boss should have been matching your payments at 4.5%. So basically, your boss deducts 4.5% of your pay and then matches it with his own money and sends it to the pension office. Then at the end of the contract you can go to the pension office with your ARC, plane ticket and bank number, fill out a form and they will send you your money. Both your 4.5% and his 4.5% is rightfully yours.
If you have not been paying into this, it is not too late. You can report it to the pension office, back pay everything you owe and then your boss should be required to do the same.
I'm not a lawyer, but I know you're getting screwed here. Have you been making payments and he is just going to keep them?! |
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oldfatfarang
Joined: 19 May 2005
Location: On the road to somewhere.
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| Posted: Mon Jan 31, 2011 9:29 pm Post subject: |
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1) Contract
What does your contract say?
Are you classified as a migrant worker on your contract?
Is there a clause stipulating that you'll pay 4.5 % and they will match it (standard E2 contract clause as per K law).
2) Pay Slip Have you received a monthly itemised pay slip?
Are pension deductions shown on this pay slip?
3) ARC CardWhat is your visa type on your ARC card?
It should say E-2.
Please let us know this info so we can help you.
Good luck. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jan 31, 2011 10:31 pm Post subject: Re: Hagwon classifying teachers as migrant workers=no pensio |
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| SoRoa2SoKo wrote: |
| Hey everyone! I have recently found out that my Hagwon is not going to pay me my pension at the end of my contract. Apparently they are able to do this because they have classified us teachers as "migrant workers." I leave in a month and this money would be amazing to have in the end...but, is it possible to get it? Anyone know anything that could help me and my fellow teachers out? |
Are you talking about severance or pension (they are different animals).
If they are screwing around with severance, then you need to file your complaint with the labor board.
If they screwed you out of pension then you have to file your complaint with the national pension office. This is NOT a fast process and you WILL need to submit your contributions (4.5% of your gross income) to the pension plan and they will chase after your boss for his share.
AFTER they get it they will forward the whole balance to you.
You will need proof that you were in fact an employee and proof of income (contracts, ARC, passport and pay-slips or copy of your bank-book with pay deposits).
You will also need your forward bank information for them to send the money to.
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northway
Joined: 05 Jul 2010
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| Posted: Mon Jan 31, 2011 11:28 pm Post subject: |
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| Ttompatz, isn't it possible to have someone classified as a contract worker, whereby the employee is entitled to none of the above benefits, a la the typical CDI contract? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Feb 01, 2011 12:34 am Post subject: |
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| northway wrote: |
| Ttompatz, isn't it possible to have someone classified as a contract worker, whereby the employee is entitled to none of the above benefits, a la the typical CDI contract? |
Pick a fight time.
IF the contract says employee AND the job is as an employee you can fight them at the labor office BUT places like CDI have deeper pockets than you do and most of the time they just keep delaying until you quit or leave.
Time is on their side (and they stand to lose BILLIONS of won when they do lose) so they put up a good fight.
IF you keep at it, they will eventually give in an pay out (rather than lose at labor and pension). Cheaper to pay and run than lose and pay big time.
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