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Waiting 3 MONTHS for health insurance???
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OMGtrev



Joined: 09 Mar 2010

PostPosted: Wed Jul 18, 2012 7:40 pm    Post subject: Waiting 3 MONTHS for health insurance??? Reply with quote

My after school program supervisor just told me I "have to wait 3 months from the time I get into Korea to get health insurance". He is telling me this is the rule for national health care. The thing is, he is telling me I have to wait until 3 months after I started working, not 3 months after getting into Korea. Also, at my last school had the same type of health insurance and I was able to use it the week I got there. On top of all that, my supervisor has known that I am waiting to get surgery. So is this a legitimate thing now or are they screwing me over?
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ajosshi



Joined: 17 Jan 2011
Location: ajosshi.com

PostPosted: Wed Jul 18, 2012 8:15 pm    Post subject: Reply with quote

Sounds shady.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jul 18, 2012 9:14 pm    Post subject: Reply with quote

Getting screwed.

NHIC is available from the day you get your ARC.

.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Jul 18, 2012 9:52 pm    Post subject: Re: Waiting 3 MONTHS for health insurance??? Reply with quote

OMGtrev wrote:
My after school program supervisor just told me I "have to wait 3 months from the time I get into Korea to get health insurance". He is telling me this is the rule for national health care. The thing is, he is telling me I have to wait until 3 months after I started working, not 3 months after getting into Korea. Also, at my last school had the same type of health insurance and I was able to use it the week I got there. On top of all that, my supervisor has known that I am waiting to get surgery. So is this a legitimate thing now or are they screwing me over?



It sounds like you're registered as an Independent Contractor. It has been reported by some that ICs have to wait 3 months to become eligible for NHIC.

You can find out for sure: Go in to the National Health Insurance office and try to register yourself.
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OMGtrev



Joined: 09 Mar 2010

PostPosted: Wed Jul 18, 2012 10:31 pm    Post subject: Re: Waiting 3 MONTHS for health insurance??? Reply with quote

ontheway wrote:

It sounds like you're registered as an Independent Contractor. It has been reported by some that ICs have to wait 3 months to become eligible for NHIC.

You can find out for sure: Go in to the National Health Insurance office and try to register yourself.


Possibly, but the way I understand it is that my school has my visa and I'm a regular teacher accordingly.

My supervisor also said that I have to wait because it's the "self-pay" scheme instead of the "company-pay" scheme like at my last regular public school job.

I've been thinking of quitting anyway, so this bullshit is looking like a good last straw.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Jul 19, 2012 1:40 am    Post subject: Re: Waiting 3 MONTHS for health insurance??? Reply with quote

OMGtrev wrote:
ontheway wrote:

It sounds like you're registered as an Independent Contractor. It has been reported by some that ICs have to wait 3 months to become eligible for NHIC.

You can find out for sure: Go in to the National Health Insurance office and try to register yourself.


Possibly, but the way I understand it is that my school has my visa and I'm a regular teacher accordingly.

My supervisor also said that I have to wait because it's the "self-pay" scheme instead of the "company-pay" scheme like at my last regular public school job.

I've been thinking of quitting anyway, so this bullshit is looking like a good last straw.



"Self pay" sure sounds like a euphemism for Independent Contractor.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Thu Jul 19, 2012 1:54 am    Post subject: Reply with quote

What does it say in your contract? Does it say they pay? Does it refer to you as an "employee"?
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OMGtrev



Joined: 09 Mar 2010

PostPosted: Thu Jul 19, 2012 9:51 am    Post subject: Reply with quote

Troglodyte wrote:
What does it say in your contract? Does it say they pay? Does it refer to you as an "employee"?


It refers to me specifically as the "native English teacher" and "employee".

It says they pay 50% of health insurance as per Korean law. Then it says something I don't really understand:

"(Area medical insurance each 50% charge)"

No idea if that means anything or if it's important, or just a bad translation.

Regardless, my roommate who also works for the same company had no such problem obtaining insurance. Thus far my supervisor has been dodging my questions and assertions that it shouldn't be like he is describing.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Thu Jul 19, 2012 12:01 pm    Post subject: Reply with quote

OMGtrev wrote:
Troglodyte wrote:
What does it say in your contract? Does it say they pay? Does it refer to you as an "employee"?


It refers to me specifically as the "native English teacher" and "employee".

It says they pay 50% of health insurance as per Korean law. Then it says something I don't really understand:

"(Area medical insurance each 50% charge)"

No idea if that means anything or if it's important, or just a bad translation.

Regardless, my roommate who also works for the same company had no such problem obtaining insurance. Thus far my supervisor has been dodging my questions and assertions that it shouldn't be like he is describing.


If it says "employee" then you are definitely an employee, not an independent contractor. Since it says that they pay half the insurance, then they're obligated to do so.

It should be activated right after or very soon after you get your ARC.

I would recommend asking someone at the local labor board office what they think about this and what your options are. Check also to see whether or not your taxes and pension are up-to-date. If not, then tell the labor board guy this also. It's good to get this reported soon in case your boss fires you for pushing the matter. He can't officially fire you for it but he can make up some reason. If you've already reported him, then his made up excuse is a lot more transparent.
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OMGtrev



Joined: 09 Mar 2010

PostPosted: Thu Jul 19, 2012 5:59 pm    Post subject: Reply with quote

Well, I was strongly considering quitting anyway for a number of reasons. The school I'm working at is incredibly stressful because it's in a really rich area, so there are a lot of brats, as my co-teacher is fully aware of, but there's nothing I'm allowed to do to address that problem. They also complain to their parents, exaggerating and out of context of course, and the parents complain to my company. Part of the problem, I'm sure, is the fact that I replaced a very lax teacher who let the students do whatever they want, and who was fired because of that. So I'm suspicious that they're withholding my insurance because they don't intend to keep me on for long since I'm getting complaints. I feel burnt out everyday teaching there, and the problems with insurance and pay just add to that. I don't even get a pension with this company, nor do I get plane ticket money. Also, I've been considering a career change, but can't make that happen with a full schedule of teaching. So, I'd sooner use this as an excuse to quit than use it to hold their feet to the fire.

I suppose the only question now is do I give them 30 days notice and risk them firing me and/or not paying me, or do I just wait until my next payday and tell them then?
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Fri Jul 20, 2012 1:48 am    Post subject: Reply with quote

Do NOT quit! You're best course of action now is to report the employer. If you've only been there for 3 months then you'll normally have a hard time transferring your visa. BUT.... if you're employer is mistreating you, you can report them to the labor board and they'll help you out so that you CAN transfer your visa (to a D10 or to another school). If you can do a transfer, you can start a new job as soon as you find one. Now waiting around for a new visa issuance number or going to a Korean consulate and such. You just hand in the new paperwork at immigration and you're good to go. As soon as you start your new job, you should have health insurance within a few weeks (depending on how fast immi processes your paperwork). If you need to do that surgery soon, then this is probably a better option than quitting.

If you quit then you lose the option of transferring and will need to go through the whole visa application procedure that you went through the first time. If you report them and get the labor board to release you from your contract then you can still leave the company but with better options afterwards.

Check to see if they're also paying tax on you.

Report the school for:
-not signing you up for health insurance
-not paying into pension

If they fire you after you report them, then add "unjust firing" to the list of complaints. The labor board will know that being fired right after reporting them was motivated because you reported them. But the health insurance thing is probably enough to get a transfer on it's own.
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OMGtrev



Joined: 09 Mar 2010

PostPosted: Fri Jul 20, 2012 10:30 pm    Post subject: Reply with quote

Thanks for the advice! I didn't know it would be a problem transferring to a D10 if I just quit like I was thinking. I guess I will be reporting them then. Any advice on how best to do that? If it helps, I have the whole conversation about having to wait for health insurance saved on kakaotalk.

As for the pension issue, they don't pay any of their employees a pension and they don't mention anything about a pension in the contract. Their argument is that they're not actually a school, just an agency, so they don't have to pay for things like pensions or plane tickets. I'm not sure how that's supposed to work or if it's even legal.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat Jul 21, 2012 3:17 am    Post subject: Reply with quote

OMGtrev wrote:
Thanks for the advice! I didn't know it would be a problem transferring to a D10 if I just quit like I was thinking. I guess I will be reporting them then. Any advice on how best to do that? If it helps, I have the whole conversation about having to wait for health insurance saved on kakaotalk.

As for the pension issue, they don't pay any of their employees a pension and they don't mention anything about a pension in the contract. Their argument is that they're not actually a school, just an agency, so they don't have to pay for things like pensions or plane tickets. I'm not sure how that's supposed to work or if it's even legal.


Plane tickets are a contractual thing (as is accommodation). If it's not in your contract then you won't get it.

Pension, tax and severance pay are a matter of the law. Even if your contract doesn't mention them, it's still implied because the law trumps the contract. Even if you signed that you don't want pension, it's irrelevant because that clause would be contrary to the law. If you were listed as an independent contractor, then the school might try to argue their side (it seems that a lot are trying to use that loophole now) but if you're identified in the contract as an employee then they have no way around it.
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OMGtrev



Joined: 09 Mar 2010

PostPosted: Sat Jul 21, 2012 8:13 am    Post subject: Reply with quote

Yeah, I knew the plane ticket thing wouldn't be in the contract, but it wasn't a big deal since I was already in Korea when I took the job.

As for the pension, I guess they've been lying to me and all their other teachers about it. They told me and my two roommates, both of whom work for them as well, that they're not obligated to pay into our pensions because they're technically not a school. But we're all definitely listed as employees, and the term "independent contractor" or something similar never shows up in our contracts. Guess I'll have an even stronger case against them. Thanks for the help!
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sun Jul 22, 2012 1:10 am    Post subject: Reply with quote

It doesn't matter if it's a school or any other business. Employees get half of their pension and taxes paid by the employer and they get severance if they work more than 12 months. Teachers get these benefits. Construction workers get them. Security guards get them. Accountants get them. Even the guy who drives the garbage truck gets them. Everyone who is an employee gets them. It's not something limited to schools.

Does your contract say that you'll share accommodations with other workers?I haven't seen a contract in Korea with shared accommodation in years. You're getting ripped off.
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