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JOrgill
Joined: 06 Jun 2011
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Posted: Tue Jun 07, 2011 1:42 am Post subject: Whats going on here? Is this legal? |
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Good morning all, noob question here but I've tried searching the forums and can't find anything similar to the contract I've been offered.
It refers to me in all cases as "the employee" so I can't be on staff as a "contractor". My first query was about the health insurance, here's the agency response:
"The reason the school doesnt offer you the national one is if you have a national medical insurance , you have to pay for national pension. In your case, you are not from North America (I'm from Scotland), so you won't get any pension money back . pension fee is about 100,000won per month which meant, you just waste 1.2million won a year for pension if you have a pension system. "
The contract states that the monthly tax is 5% (which I at first thought was great as the UK government is currently raping me with ~20% working about 30 hours for minimum wage whilst I'm still classified as a student). Tbh, if I'm not paying the 4.5% into the pension plan and they provide me with private health insurance it works out better for me but I am concerned that this isn't legal. Any advice?
I've got the email for the other English teacher that I would be working with (he's been there for 5 months and has had no problems with them). Should I email him and/or the agency? Any thoughts on this would be welcome, thanks. |
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OculisOrbis

Joined: 17 Jul 2006
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Posted: Tue Jun 07, 2011 1:47 am Post subject: |
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If you haven't sent any documents, DONT!!! It is a job working for cheats and liars.
Everything they told you was a lie and/or illegal - with the exception of you not being eligible to get your pension back. That's true. The only thing that was true and legal.
National pension and national health are required by law for all (except pension for South African, theyre exempt). Your tax rate should be about 2%, maybe even a little less.
Hopefully, you arent fully committed yet and still have time to find a better employer. |
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JOrgill
Joined: 06 Jun 2011
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Posted: Tue Jun 07, 2011 2:00 am Post subject: |
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Thanks for the quick response Oculis.
I did suspect that that was illegal, and haven't sent off any of my documents. I've been working at my current job for 2 months now in the UK and haven't even seen a contract so I'm used to cheats and liars. In this case I would have a contract which would offer me more protection legally than I currently have (although verbal contracts are binding under Scots Law).
The agency who I've been going through have worked with this 학원 for the last 6 years, and if the staff there are happy and paid, and I have the advantage of being able to prove that the boss is breaking the law..?
I don't know legally how solid contracts are in ROK? |
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SeoulNate

Joined: 04 Jun 2010 Location: Hyehwa
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Posted: Tue Jun 07, 2011 2:17 am Post subject: |
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The agency is probably just BSing you and the happy employees that they are referring to are most likely sitting there with the boss breathing down their neck threatening their job if they do not give you a positive response about the school.
That is not a joke or exaggeration, it happens frequently.
At any rate, you will want to keep searching for another job. 5% taxation is a huge increase over what it should be and 99.99% of the time if the contract isnt solid on pay,taxation, pension and healthcare, you will be getting shafted in a multitude of other areas as well.
Run away as fast as you can! |
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Julius

Joined: 27 Jul 2006
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Posted: Tue Jun 07, 2011 3:52 am Post subject: |
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OculisOrbis wrote: |
with the exception of you not being eligible to get your pension back. That's true.. |
Unless she retires in korea.
Ya never know!  |
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JOrgill
Joined: 06 Jun 2011
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Posted: Tue Jun 07, 2011 6:47 am Post subject: |
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Tbh, I'm 22 (and a he :-p) so too young to think about where I'm going to retire. And if i'm not paying into the pension scheme I wouldn't be able to draw a pension in Korea anyway.
Presumably the boss is keeping me off the books and pocketing the "5% tax"? Either way, if I've got a contract (and if the current English teacher is on the same) then I've got the upper hand?-Presumably the penalties for the employer for hiring staff like that are pretty severe? |
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SeoulNate

Joined: 04 Jun 2010 Location: Hyehwa
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Posted: Tue Jun 07, 2011 7:11 am Post subject: |
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The reason why everyone is telling you to run is because you will run into a whole slew of other problems with those types of employers. In addition, the law will only kind of be on your side. Yes, it will be on your side because of the labor laws, but you will still be liable for ALL of the pension not paid by both parties as a private contractor (the FULL 9% of your salary)
The problems will probably include, but not be limited to:
1. You will not be paid on time, or at all
2. You will be fired early so you can not collect your severance
3. Working conditions will be crap
4. Housing will be crap
5. You will have no support from your management
6. Materials will be insignificant to teach properly
7. You will be blamed for everything regardless of the circumstances
8. You will be required to attend / plan for everything at the very last minute
Do not accept this contract. I can guarantee you that you will be bitching and moaning on Dave's after about 60 days of working at that school. |
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toddkoenig
Joined: 13 Jul 2007 Location: Busan
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Posted: Tue Jun 07, 2011 7:26 am Post subject: not the first time~ |
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This nice little tactic was employed by my first hagwon when they didn't pay pension or medical for the first six months I was in Korea. They kept giving me some BS about how it takes a while for the pension office to get the paperwork ready. haha... I was also offered the option to join private health insurance but declined. And now that I think about it, I was probably joined with it anyway as I NEVER received a national medical insurance card. Dodgy pricks! Too bad I was a newbi at the time and knew nothing. These places prey on first-time teachers who don't know the system.
Get a new recruiter..or try direct hire by one of the bigger chain schools. |
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Savant
Joined: 25 May 2007
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Posted: Tue Jun 07, 2011 7:31 am Post subject: |
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As one Scot to another Scot I would advise you to walk away from this contract.
You'll find that from working in Korea, BS from day one will breed more BS throughout your contract unless you remain strong and steadfast.
Also, Agencies will feed you any number of lies and assurances to get you to sign a contract. They work for the school not for you.
Good luck with your search. Take a look at the Contract Sticky thread for information on what to look for and avoid in a contract. |
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JOrgill
Joined: 06 Jun 2011
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Posted: Tue Jun 07, 2011 6:45 pm Post subject: |
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Thanks for all the replies. I've not sent any documents off, but do have the email for the current teacher who I would be replacing - in my experience if the leaving staff are positive about the job then it may be worth wrangling over the contract. Otherwise I'll go with another recruitment agency (perhaps a blacklist of recruiters could be set up as well?) |
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SeoulNate

Joined: 04 Jun 2010 Location: Hyehwa
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Posted: Tue Jun 07, 2011 8:19 pm Post subject: |
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As I said above, he probably wrote that email with his boss breathing down his neck and threatening his job if he didnt give you a glowing review. |
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Mankor
Joined: 15 Jun 2011 Location: ROK
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Posted: Sat Jun 18, 2011 11:41 pm Post subject: |
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I'm also from the UK and when I arrived the boss asked me if I wanted to pay half the pension and he would match it. I declined, I'm losing out in the long run because I could claim the pension when I'm 65 or whatever but I save 100k in wages every month. I opted for the short term gain.
The manager was happy as he didn't have to pay and I wasn't bothered.
Having said this, it is very illegal, he had to tell the pension office that I had left the job after a month. If the guy is saying that you have no choice before you have signed the contract, I would probably advise you not to sign. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sun Jun 19, 2011 2:36 am Post subject: |
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JOrgill wrote: |
Tbh, I'm 22 (and a he :-p) so too young to think about where I'm going to retire. And if i'm not paying into the pension scheme I wouldn't be able to draw a pension in Korea anyway.
Presumably the boss is keeping me off the books and pocketing the "5% tax"? Either way, if I've got a contract (and if the current English teacher is on the same) then I've got the upper hand?-Presumably the penalties for the employer for hiring staff like that are pretty severe? |
You are dreaming unless you plan to stay AFTER your contract is terminated and try to fight it out with all the different agencies involved.
This is NOT Kansas there Toto. Different rule book and you are already behind the eight-ball by signing on to it.
. |
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meangradin

Joined: 10 Mar 2006
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Posted: Sun Jun 19, 2011 7:30 pm Post subject: |
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Quote: |
"The reason the school doesnt offer you the national one is if you have a national medical insurance , you have to pay for national pension. In your case, you are not from North America (I'm from Scotland), so you won't get any pension money back . pension fee is about 100,000won per month which meant, you just waste 1.2million won a year for pension if you have a pension system. " |
such a classic line that it should be bronze by now; framing what is best for them as what is best for you, without giving you the choice. |
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CentralCali
Joined: 17 May 2007
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Posted: Sun Jun 19, 2011 7:32 pm Post subject: |
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And not mentioning the penalties involved if and when the Pension Office discover the failure to comply with the law.
Sometimes it seems to me that, for some people, working in this country is like playing a game of Chess for very high stakes and relying on one's opponent for advice for each move. At least that's the way it looks like some of the bosses want it played.
Last edited by CentralCali on Mon Jun 20, 2011 9:52 am; edited 1 time in total |
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