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col89
Joined: 08 Aug 2011
Location: Geoje
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 Posted: Tue Aug 21, 2012 6:56 pm Post subject: Completing contract in one week and having major issues |
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Hi, I need some hello and really soon because I finish my contract in eight working days (next Friday) with my hagwon.
I have consulted an attorney that has been recommended on this forum a few weeks ago and he was very helpful, but I have called again today since matters have not improved and the guy who answered was not so helpful at all, just telling me that I should "continue to work hard" and talk to my boss. I have been doing the latter for 11 months now, and I have not received one pay slip for one month, and I am very confused about the issue of tax/pension because my contract states that I am exempt, but I have been charged for both since the very beginning (even if it is a case that I *should* be paying for them, I have been told by the Local Tax Office that I am ENTITLED to get a return on this). Also, remembering that I finish my contract so soon, they have not yet booked my flight to return home, and it is a major concern for me because there has been family issues for the last while. It is stated in my contract, that both employer and employee should agree to discontinue the teacher's residence in Korea within THREE days of his/her completion of contract, and yet my boss has been avoiding the situation and making my last few weeks a living hell by pushing it out. Furthermore, there is concerns about my bonus salary because, apparently, NH Bank (the local bank they issued me with) have problems with sending money directly to some European countries, with mine included (Ireland). So, I am afraid that they will try and squirm their way out of this one, also.
Please, please, help. I am in dire straits right now, and I don't know what to do. I know for a fact that they will be violating Article 36 and 39 of the Korean Standard Labour Law, as far as it goes with the money and pay statement issues, but with the airfare issue, I don't know what to do next. If someone could advise me, it would be greatly appreciated.
These are just some of the issues that have been broken in my contract, as there has been minor things like what was supposed to be in my apartment, etc. There has also been issues with bullying and isolation, but, of course, that doesn't affect my contract. I just wish to get what is, by right, mine.
Thank you,
A teacher in Geoje-do. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Tue Aug 21, 2012 7:28 pm Post subject: |
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| You can't do anything until there are damages. Did you check with the pension office to see that they are contributing? This is stuff you should have done in the beginning, not when you end a contract. |
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col89
Joined: 08 Aug 2011
Location: Geoje
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| Posted: Tue Aug 21, 2012 7:48 pm Post subject: |
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| YTMND wrote: |
| You can't do anything until there are damages. Did you check with the pension office to see that they are contributing? This is stuff you should have done in the beginning, not when you end a contract. |
I have, and there is some document there, but it is not under my name, which is why the pension is confusing me.
As to your other post in the other thread, there has been damage already, yes. There has been missing items from my apartment, being told that I should work on a Saturday (right until the moment where I whipped out the contract and showed them my rights -- where I should NOT work on a Saturday), working overtime and without an estimation of how much is owed to me, having to forfeit vacation days, etc. And hagwon workers DO get pay slips, so it is not only for public school workers.
Please, stop assuming I'm an ignorant teacher and add something substantial to your posts, as I'm looking for some much-needed help, and in a timely manner. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Tue Aug 21, 2012 7:53 pm Post subject: |
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Hold on, get a different attitude and maybe we will help.
You haven't explained your damages. Not working Saturday means you worked your hours already that week? What does your contract say? There is a lot we don't know from your situation that you probably do.
So, kindly let us know what is in your contract first regarding overtime and scheduling. Depending on your reply, I will or will not help you further. |
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col89
Joined: 08 Aug 2011
Location: Geoje
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| Posted: Tue Aug 21, 2012 7:59 pm Post subject: |
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| YTMND wrote: |
Hold on, get a different attitude and maybe we will help.
You haven't explained your damages. Not working Saturday means you worked your hours already that week? What does your contract say? There is a lot we don't know from your situation that you probably do.
So, kindly let us know what is in your contract first regarding overtime and scheduling. Depending on your reply, I will or will not help you further. |
If anyone needs an attitude change, you should look at the posts again and see how they developed. Either way, I have said what I needed to be resolved.
I will wait for someone else's help. Thank you. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Tue Aug 21, 2012 11:06 pm Post subject: Re: Completing contract in one week and having major issues |
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| col89 wrote: |
Hi, I need some hello and really soon because I finish my contract in eight working days (next Friday) with my hagwon.
(1)I have consulted an attorney that has been recommended on this forum a few weeks ago and he was very helpful, but I have called again today since matters have not improved and the guy who answered was not so helpful at all, just telling me that I should "continue to work hard" and talk to my boss. I have been doing the latter for 11 months now, and I have not received one pay slip for one month
(2) and I am very confused about the issue of tax/pension because my contract states that I am exempt, but I have been charged for both since the very beginning (even if it is a case that I *should* be paying for them, I have been told by the Local Tax Office that I am ENTITLED to get a return on this).
(3) Also, remembering that I finish my contract so soon, they have not yet booked my flight to return home, and it is a major concern for me because there has been family issues for the last while.
(4)It is stated in my contract, that both employer and employee should agree to discontinue the teacher's residence in Korea within THREE days of his/her completion of contract, and yet my boss has been avoiding the situation and making my last few weeks a living hell by pushing it out.
(5) Furthermore, there is concerns about my bonus salary because, apparently, NH Bank (the local bank they issued me with) have problems with sending money directly to some European countries, with mine included (Ireland). So, I am afraid that they will try and squirm their way out of this one, also.
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(I took the liberty of breaking down the points in your first paragraph and numbering them for greater clarity.)
1. Hakwons generally are hit or miss with pay slips...as long as you are getting your full salary with the appropriate deductions it shouldn't be a big worry. I assume you did get a breakdown (this much for tax, this much for pension) at the beginning of the year?
2. It doesn't matter what your contract states in this regard. Tax and pension are required by law to be paid (half by you and half by your boss)...unless you are from South Africa. Your contract does not override the law of the land so that is an illegal clause about being exempt.
3. Very often with hakwons the employee buys the ticket and has it reimbursed. That said many hakwon directors are last minute (it wouldn't be a surprise if you got it one day before your contract ended or even on the last day.) Or he might just pay you cash. Depends on what the contract states.
4. I don't quite understand this one to be honest. You finish your contract, go home and pack. The next day you go to the airport and fly out. Be aware though of the date on your ARC. If you overstay by even one day you can be fined 100,000 won and have a black mark on your Immigration record. (You can get an extension of stay by visiting the local Immigration office and asking for one. It helps if you have the plane ticket in hand to show them).
5. The bigger NH banks in big cities (Seoul, Busan) can send money overseas...but not all NH banks can do this. You have to find a bank that does this in order to have it transferred. But anyway severance pay (that's the correct term...it's not a bonus) is legally mandated. They HAVE to pay by law.
I'm not trying to 'kick you while you are down' but honestly you've left things until kind of late. These questions really should have been addressed at least a month ago and ideally at the start of the contract. |
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Joe Boxer
Joined: 25 Dec 2007
Location: Bundang, South Korea
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| Posted: Wed Aug 22, 2012 1:18 am Post subject: Re: Completing contract in one week and having major issues |
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| col89 wrote: |
| Hi, I need some hello and really soon... |
Hello!
I say keep working hard and finish your contract, and if anything is amiss at the end, contact the lawyer again.
Sometimes hogwans get all their sh-- together at the last minute, so give them the chance. If they try to screw you out of anything, don't sign anything at all. Just contact the lawyer again. |
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viciousdinosaur
Joined: 30 Apr 2012
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| Posted: Wed Aug 22, 2012 2:27 am Post subject: |
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Well. I don't want to be hard on you either. But...
You should have quit as soon as sensed things weren't right
If you wanted to fight it, you should have visited the pension office first, checked for contributions, then reported any violations. Then have gone to the tax office, viewed your file, and reported any violations. Then have gone to the labor board and reported your school.
But now you are plum out of time and about the only thing you can do is go home.
That being said. Don't feel too bad. Everyone's gotten burned. I didn't figure out until three years later that my taxes, pension, and health contributions were never paid. I was fined an enormous sum of money and there was no way to fight it because my old school had gone bankrupt. |
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ibeattheborg
Joined: 17 Dec 2010
Location: the deep blue sea
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| Posted: Wed Aug 22, 2012 3:56 am Post subject: |
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| Are you worried about having to stay a little longer? Has your boss found a new teacher to replace you yet? Maybe this is why he is pushing out your departure date and this may give you some bargaining power to get your severance pay sooner. The idea of waiting in dear old Eire for your severance pay is worrying. Usually you receive this before leaving Korea. |
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col89
Joined: 08 Aug 2011
Location: Geoje
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| Posted: Wed Aug 22, 2012 8:07 am Post subject: Re: Completing contract in one week and having major issues |
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| TheUrbanMyth wrote: |
| 4. I don't quite understand this one to be honest. You finish your contract, go home and pack. The next day you go to the airport and fly out. Be aware though of the date on your ARC. If you overstay by even one day you can be fined 100,000 won and have a black mark on your Immigration record. (You can get an extension of stay by visiting the local Immigration office and asking for one. It helps if you have the plane ticket in hand to show them). |
#3 and #4 are connected, thus my boss wanted to keep me as long as possible, as they have not yet found a teacher, but I should be flown back home within three days of completing my contract (finishing on August 31 -- with an expected flight home on September 1, 2, or 3).
I have been on their cases for a while now (well over two months, in fact -- not last-minute -- but with absolutely no response on their side), and I have visited my local pension office and done the deed of checking to see whether everything was legit or not, but I have only found out from my Korean friend that it was something to do with insurance and not the pension, so it leaves me puzzled because it is certified by NPS.
My taxes are a different situation. I was under the impression that it was all given back to me at the end of the year, as my boss said I was exempt, but it didn't add up. It wasn't until I said it again to my boss where it was then denied, leaving me to call the National Tax Helpline and ask them personally, where I was told that I could get a complete refund, even in the situation of working in a hagwon.
I have played by the book with this job, and even another Korean coworker who was full-time has changed to part-time due to a major disagreement with the boss, and the other English teachers (Korean) are siding with me over the whole thing. It says something when the coworkers are sympathizing, even though they are too scared to say anything.
From what I have found out about the hagwon, it is a horrible franchise, and everyone I know who has worked there has only awful things to say about them. When everything is finalized, I will have no doubts to name and shame them, and to ensure that everyone knows what a sucky hagwon and management it is. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Aug 22, 2012 3:51 pm Post subject: Re: Completing contract in one week and having major issues |
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| col89 wrote: |
| TheUrbanMyth wrote: |
| 4. I don't quite understand this one to be honest. You finish your contract, go home and pack. The next day you go to the airport and fly out. Be aware though of the date on your ARC. If you overstay by even one day you can be fined 100,000 won and have a black mark on your Immigration record. (You can get an extension of stay by visiting the local Immigration office and asking for one. It helps if you have the plane ticket in hand to show them). |
#3 and #4 are connected, thus my boss wanted to keep me as long as possible, as they have not yet found a teacher, but I should be flown back home within three days of completing my contract (finishing on August 31 -- with an expected flight home on September 1, 2, or 3).
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Okay that's a little clearer now. In that case I strongly suggest that you check the expiration date on your Alien Registration Card. Korean Immigration laws are very strict and if your expiration date falls before any of those dates you mentioned above you can be fined 100,000 won for EACH day you overstay. Plus should you ever want to return to Korea again you can expect some trouble coming back since you overstayed on your previous sojourn. |
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col89
Joined: 08 Aug 2011
Location: Geoje
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| Posted: Thu Aug 23, 2012 4:49 am Post subject: |
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Just to update:
I have spoken with my boss today, and apparently, they have been "discounting" my pension and insurance, so I should be "saving" 50,000 won per month, roughly. However, because of this, they have said that I SHOULD NOT claim any of my taxes, even though I pay about 70,000 won per month for it, as it would mean that I should give them the money that I "saved."
It does not make sense, no matter what way they put it, and I am so far away from trusting them that I even recorded the entire conversation with them earlier (one hour, in total). I am just wondering what the next course of action should be, because they are definitely doing something out of the ordinary (whether I should pursue a legal case or not).
If anyone can tell me, honestly and bluntly, does this situation sound out of the norm? How exactly could they be "discounting" what I should be paying to the Korean state? Or should I just go ahead and file for my tax return? |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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col89
Joined: 08 Aug 2011
Location: Geoje
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| Posted: Thu Aug 23, 2012 6:49 am Post subject: |
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Why bother even doing that when I pointed it out on Waygook? Honestly?
Do you think I am lying about my situation or something? |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Thu Aug 23, 2012 7:21 am Post subject: |
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| col89 wrote: |
Why bother even doing that when I pointed it out on Waygook? Honestly?
Do you think I am lying about my situation or something? |
No the situation looks to be a jumble. Plus something are a bit confusing....
I do feel that you want an outcome you might not not be eligible to get. Mainly the tax(?) refund. Plus the calling of lawyer and crying foul for what seems (to me) some minor issues.
Plus some of this should have been sorted out earlier....
Hey you should get the plane ticket. Boss should have had something organized sooner. His feet dragging would drive me crazy. That is why many people find the ticket themselves and then have the boss reimburse for it.
Hopefully the school will pay both last month wages and severance before you leave.
The bank and the incompetence does not help much either. I feel for you on that. |
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