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net86
Joined: 04 Jul 2011
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 Posted: Mon Jul 21, 2014 7:29 am Post subject: Maternity Leave/New Contract Question |
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So, I've been at my hagwon a few years and my boss has usually been a pretty decent guy. I told him I was pregnant about 4 months ago and we spoke about about a plan; I explained about how he had to pay me leave, what amount of leave and how we were going to hire a new teacher to cover etc.
I asked him months ago if he was paying the government employee insurance from my wages so that the government would subsidize the leave. He assured me he was. Now, however, he has realized that was not the case and now thinks it is too expensive for him.
He decided to tell me that because my contract ends in September he doesn't legally have to pay me anything but we could work something out - like a favor almost!! Im due in October so this is just rediculous to me. I contacted the labor board who said he still has to pay me because i have worked there so for long that I almost have a rolling contract and he can't just cut me off.
When I told me boss this he basically said that he wants to reduce everything in the next contract to make up for the fact that he will have to pay me while im on leave. That's a reduction in salary and only a one way airplane ticket as opposed to a return. I feel like there is nothing really that I can do except accept the terms that he wants to give me basically because my contract ends in September - too late to fly home, I already had a plan in place etc.
My question is whether or not he can basically lower whatever he wants because it will be a new contract that will start just before I take my maternity leave? So I just give in because something is better than nothing? Is there anything that I can do to not lose out financially? I also just found out he has been deducting me for my pension every month but hasn't actually paid anything into the fund at all! He's playing dumb to that one..
Sorry for the long post - I've just been going around in circles about what can and cannot be done.
Also, he hasn't mentioned this but just to cover my bases - could he turn around in September and just say we are not going to renew your contract? I've heard he can't because I've been there for a few years but then whats the point of a contract |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon Jul 21, 2014 8:27 am Post subject: Re: Maternity Leave/New Contract Question |
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| net86 wrote: |
So, I've been at my hagwon a few years and my boss has usually been a pretty decent guy. I told him I was pregnant about 4 months ago and we spoke about about a plan; I explained about how he had to pay me leave, what amount of leave and how we were going to hire a new teacher to cover etc.
I asked him months ago if he was paying the government employee insurance from my wages so that the government would subsidize the leave. He assured me he was. Now, however, he has realized that was not the case and now thinks it is too expensive for him.
He decided to tell me that because my contract ends in September he doesn't legally have to pay me anything but we could work something out - like a favor almost!! Im due in October so this is just rediculous to me. I contacted the labor board who said he still has to pay me because i have worked there so for long that I almost have a rolling contract and he can't just cut me off.
When I told me boss this he basically said that he wants to reduce everything in the next contract to make up for the fact that he will have to pay me while im on leave. That's a reduction in salary and only a one way airplane ticket as opposed to a return. I feel like there is nothing really that I can do except accept the terms that he wants to give me basically because my contract ends in September - too late to fly home, I already had a plan in place etc.
My question is whether or not he can basically lower whatever he wants because it will be a new contract that will start just before I take my maternity leave? So I just give in because something is better than nothing? Is there anything that I can do to not lose out financially? I also just found out he has been deducting me for my pension every month but hasn't actually paid anything into the fund at all! He's playing dumb to that one..
Sorry for the long post - I've just been going around in circles about what can and cannot be done.
Also, he hasn't mentioned this but just to cover my bases - could he turn around in September and just say we are not going to renew your contract? I've heard he can't because I've been there for a few years but then whats the point of a contract |
When did you start work with this employer?
What kind of visa are you on? E2?
Since your boss has been stealing your Pension payments and hasn't been making them or matching them, the question is did he ever enroll you at all (you have to call the Pension Office) ? ... and
Do you have the National Health Insurance? (Were you ever enrolled?) National Health insurance and Pension are linked.
You will also want to check with the Tax Office to see how much your boss has paid them vs. how much he withheld from your pay. For all of these: Pension, Health Insurance and Income Tax you should verify the reported dates of employment and rate of pay.
More facts are needed, but you do have some options, especially since your boss has been stealing from you and breaking the law. The kind of visa you're on will affect your options. |
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net86
Joined: 04 Jul 2011
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| Posted: Mon Jul 21, 2014 8:53 am Post subject: Re: Maternity Leave/New Contract Question |
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| ontheway wrote: |
| net86 wrote: |
So, I've been at my hagwon a few years and my boss has usually been a pretty decent guy. I told him I was pregnant about 4 months ago and we spoke about about a plan; I explained about how he had to pay me leave, what amount of leave and how we were going to hire a new teacher to cover etc.
I asked him months ago if he was paying the government employee insurance from my wages so that the government would subsidize the leave. He assured me he was. Now, however, he has realized that was not the case and now thinks it is too expensive for him.
He decided to tell me that because my contract ends in September he doesn't legally have to pay me anything but we could work something out - like a favor almost!! Im due in October so this is just rediculous to me. I contacted the labor board who said he still has to pay me because i have worked there so for long that I almost have a rolling contract and he can't just cut me off.
When I told me boss this he basically said that he wants to reduce everything in the next contract to make up for the fact that he will have to pay me while im on leave. That's a reduction in salary and only a one way airplane ticket as opposed to a return. I feel like there is nothing really that I can do except accept the terms that he wants to give me basically because my contract ends in September - too late to fly home, I already had a plan in place etc.
My question is whether or not he can basically lower whatever he wants because it will be a new contract that will start just before I take my maternity leave? So I just give in because something is better than nothing? Is there anything that I can do to not lose out financially? I also just found out he has been deducting me for my pension every month but hasn't actually paid anything into the fund at all! He's playing dumb to that one..
Sorry for the long post - I've just been going around in circles about what can and cannot be done.
Also, he hasn't mentioned this but just to cover my bases - could he turn around in September and just say we are not going to renew your contract? I've heard he can't because I've been there for a few years but then whats the point of a contract |
When did you start work with this employer?
What kind of visa are you on? E2?
Since your boss has been stealing your Pension payments and hasn't been making them or matching them, the question is did he ever enroll you at all (you have to call the Pension Office) ? ... and
Do you have the National Health Insurance? (Were you ever enrolled?) National Health insurance and Pension are linked.
You will also want to check with the Tax Office to see how much your boss has paid them vs. how much he withheld from your pay. For all of these: Pension, Health Insurance and Income Tax you should verify the reported dates of employment and rate of pay.
More facts are needed, but you do have some options, especially since your boss has been stealing from you and breaking the law. The kind of visa you're on will affect your options. |
I am on an E2 visa right now.
I rang the pension office and everything was paid until this years contract which started Oct 2013 so nothing has been paid since Oct 2013.
I have National Health Insurance as far as I am aware. I got the paper leaflet thing when I renewed my contract last year.
I will call the tax office to find out those amounts. He doesn't give us pay slips and I have asked him to tell me exactly how much of my deductions are going where but still waiting for that |
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Lucas
Joined: 11 Sep 2012
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| Posted: Mon Jul 21, 2014 2:51 pm Post subject: |
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| Quote: |
| I have National Health Insurance as far as I am aware. |
You're about to have a baby - be more than 'aware!'
Go and check!
Also, have you claimed the pregnancy allowance from the government - to put towards the birth costs ect.
Someone I knew got this (they were both foreigners) - I'm sure someone on here can give you more info if you didn't get one.
I seem to remember it being w800,000 or so? |
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I-am-me
Joined: 21 Feb 2006
Location: Hermit Kingdom
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| Posted: Mon Aug 11, 2014 8:12 pm Post subject: |
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| wow....unfortunately chances are he wont renew you. On the other hand, he does owe you severance for the past 3 years if he hasnt paid it. If you do sign a new contract, you are legally covered under labor law and he will have to pay the leave himself since neither paid into the unemployment fund. Bad for him. He wouldnt have had to pay a penny. Anything new since you posted? |
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