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Jim366
Joined: 18 Dec 2011
Location: Canada
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 Posted: Mon Dec 26, 2011 10:24 am Post subject: 'The school doesn't provide National Pension Plan..' |
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Hello all. Rookie noob here, again.
I noticed nothing in my contract offer about a pension plan. When I queried my recruiter about this, I was told that "The school doesn't provide national pension plan. Sorry about that."
Is this a common occurance? Is it legal? If I work for this school, am I getting screwed?
Thank you in advance. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Mon Dec 26, 2011 11:01 am Post subject: |
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| Is this a common occurance? Is it legal? |
It's common, maybe legal depending on your contract.
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| If I work for this school, am I getting screwed? |
If your salary is average, YES (more likely). If your salary is considerably higher and your job requirements are not excessive, then it doesn't matter (in theory, and less likely).
We can't know, unless you post the contract (in the contract thread). |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Mon Dec 26, 2011 4:50 pm Post subject: |
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| koreatimes wrote: |
| Quote: |
| Is this a common occurance? Is it legal? |
It's common, maybe legal depending on your contract.
| Quote: |
| If I work for this school, am I getting screwed? |
If your salary is average, YES (more likely). If your salary is considerably higher and your job requirements are not excessive, then it doesn't matter (in theory, and less likely).
We can't know, unless you post the contract (in the contract thread). |
It's not legal if you are an employee as opposed to an independent contractor.
Actually according to Immigration you can not be an independent contractor on an E-2 visa...but the tax office allows this so their hands are tied....they don't involve themselves in tax matters.
Probably not legal in your case...if you post the contract we'd have a better idea. |
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Illysook
Joined: 30 Jun 2008
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| Posted: Mon Dec 26, 2011 5:33 pm Post subject: |
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| It's illegal and if your hagwon owner doesn't respect the law, he's not going to respect you either. Don't take the job. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Dec 26, 2011 8:56 pm Post subject: Re: 'The school doesn't provide National Pension Plan..' |
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| Jim366 wrote: |
Hello all. Rookie noob here, again.
I noticed nothing in my contract offer about a pension plan. When I queried my recruiter about this, I was told that "The school doesn't provide national pension plan. Sorry about that."
Is this a common occurance? Is it legal? If I work for this school, am I getting screwed?
Thank you in advance. |
http://forums.eslcafe.com/korea/viewtopic.php?t=215190
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dgove
Joined: 23 Mar 2010
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| Posted: Mon Dec 26, 2011 9:13 pm Post subject: |
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| I'm no expert, and not saying I am correct. However, my first year here I also did not have a pension at my hagwon. When I asked around, I was informed that a business of less than 10 employees isn't required to opt into the pension plan. Correct? I'm not sure. My hagwon had 6 employees, so at the time I just took it as is and moved on. (BTW, it wasn't my hagwon boss that told me that) |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Dec 26, 2011 9:18 pm Post subject: |
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| dgove wrote: |
| I'm no expert, and not saying I am correct. However, my first year here I also did not have a pension at my hagwon. When I asked around, I was informed that a business of less than 10 employees isn't required to opt into the pension plan. Correct? I'm not sure. My hagwon had 6 employees, so at the time I just took it as is and moved on. (BTW, it wasn't my hagwon boss that told me that) |
You are correct. You are no expert.
(1) Workplace based Insured Persons
The contributions of workplace based insured persons are equally shared between the employer and the employee. Acquisition of the pension right, loss of the insured status, and payment of the contribution are conducted by the employer. The persons falling under the category of workplace based insured persons are as follows.
- All employees and employers from 18 to less than 60 years of age shall mandatorily be workplace based insured persons, if they are working at a workplace with one or more employee.
- Those aged less than 18 working at a workplace covered under the National Pension Scheme may participate in the Scheme, subject to their employer's consent.
http://english.nps.or.kr/jsppage/english/scheme/scheme_01.jsp
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dgove
Joined: 23 Mar 2010
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| Posted: Mon Dec 26, 2011 9:55 pm Post subject: |
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Yes, I only mentioned several times it was what I heard. A simple "Actually that's not true," may have been sufficient? Yes? Or be a pompous jack-ass? That's good too.
Edit: After a quick 15 second look at your link...under the "Who Are Excluded" part...private school teachers are listed. Is a hagwon not a private school? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Dec 26, 2011 10:27 pm Post subject: |
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| dgove wrote: |
Yes, I only mentioned several times it was what I heard. A simple "Actually that's not true," may have been sufficient? Yes? Or be a pompous jack-ass? That's good too.
Edit: After a quick 15 second look at your link...under the "Who Are Excluded" part...private school teachers are listed. Is a hagwon not a private school? |
No. Private schools (under the acts (NPS, Labor Standard Act (Article 34 (Retirement Benefit System)), and Employee Retirement Benefit Security Act (Article 25 (Special Cases for Businesses Employing Less Than Ten
Workers)))) would be those who are required to pay into the private pension plans instead of the NPS.
http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards
Hagwans are NOT excluded nor are they exempt.
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koreatimes
Joined: 07 Jun 2011
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| Posted: Mon Dec 26, 2011 10:27 pm Post subject: |
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| The government employees, military personnel, private school teachers, and employees of specially designated post office, because they are covered under their own pension plans. |
Even if "private school" includes hagwons, it looks like there still has to be a pension plan. The original poster stated, "I noticed nothing in my contract offer about a pension plan."
You can't just look at one sentence. Look at the whole thing. |
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Jim366
Joined: 18 Dec 2011
Location: Canada
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| Posted: Mon Dec 26, 2011 11:31 pm Post subject: |
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Hello again.
My contract is posted at the bottom of page 70 of the Contract review page. |
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dgove
Joined: 23 Mar 2010
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| Posted: Tue Dec 27, 2011 12:33 am Post subject: |
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So...the under 10 employees business/private school isn't required to opt into the NPS? Sort of like I mentioned in my post...hmmmm
I didn't look at just the one sentence KT, if anything the other poster read the 1st paragraph of the link and stopped there.
Obviously you are willing to spend a great deal of time to answer this, so hats off to you. I just thought your response was a little douchey so I read your link and found a fault in the second paragraph. It clearly says private teachers can be excluded from the NPS.
Anyways OP, if that's the case, good luck getting a hagwon to make a private pension plan.
EDIT: Apparently the school in question is an elementary school, not a private school. So this debate is pretty much a mute point now. |
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World Traveler
Joined: 29 May 2009
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| Posted: Tue Dec 27, 2011 12:44 am Post subject: |
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| dgove wrote: |
| So...the under 10 employees business/private school isn't required to opt into the NPS? |
No. Since 1998 (when the law changed) they been required to. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Dec 27, 2011 5:55 am Post subject: |
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| dgove wrote: |
| So...the under 10 employees business/private school isn't required to opt into the NPS? Sort of like I mentioned in my post...hmm |
hmmm... no.. you have to read all 3 acts in combination since they collectively deal with NPS, private pensions and severance or pension in lieu of severance.
There are NO exceptions for employees.
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Mr Lee's Monkey
Joined: 24 Oct 2007
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| Posted: Tue Dec 27, 2011 1:15 pm Post subject: |
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| moot point (not mute) we all make mistakes - certainly I do - but this one cried out for correction and I couldn't help myself |
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