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Hidalgo03
Joined: 21 Sep 2016
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 Posted: Wed Dec 07, 2016 4:33 pm Post subject: Switching Jobs, Unpaid Pension/Health Insurance, and LOR |
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NOTE: I want to stay in Korea, so please spare me the "just leave" answers.
So my current situation is as follows:
-Put in my notice to leave my job at the 6 month mark
-Post-dated LOR wasn't signed, principal wants to wait until she knows she has a new teacher ready to come
-I offered to pay a sum of money for the LOR to ensure she gives it. She agrees.
-Work has been normal, and pay has been normal since putting in notice.
-Co-worker who was hired the same time as me mentioned she went to the doctor recently and didn't have health insurance (uhhhh)
-Check the status of my pension online, no recorded deposits for the past 3 months
-As pension/health insurance are invariably connected, I can assume I don't have health insurance either.
-Both are clearly stated in my contract, in which I am referred to as "Employee"
So, I need that LOR and I plan on paying a good chunk of change to get it. Now that I know I'm getting fucked on pension/health insurance, I will no doubt have to face back-payments once I start at my next job (which 100% does pay into pension/health insurance).
How should I go about this?
1)Get the pension office and possibly labor board involved before I get my LOR?
2) Wait until I get my LOR, then report the school?
3) Wait until I start my new job, then deal with it all?
No matter what, it'll have to be dealt with.. I'm just curious about which would be the best route with regards to ensuring I get my LOR and not fucking myself over more than I already have.
AGAIN. Please no crap about how I put myself in this position and how I'm screwed and blah blah blah. I just want some feedback about any possible courses of action for someone wishing to stay in Korea.
Thanks! |
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pmwhittier
Joined: 03 Nov 2011
Location: Korea
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| Posted: Wed Dec 07, 2016 7:26 pm Post subject: Re: Switching Jobs, Unpaid Pension/Health Insurance, and LOR |
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| Hidalgo03 wrote: |
NOTE: I want to stay in Korea, so please spare me the "just leave" answers.
AGAIN. Please no crap about how I put myself in this position and how I'm screwed and blah blah blah. I just want some feedback about any possible courses of action for someone wishing to stay in Korea.
Thanks! |
Well, aren't you a pleasant person! But I won't lecture you about your crap attitude, I'll just offer my advice so as not to face the wrath of a Dave's poster!!!!
Option 3. Pension office will contact your current employer, thus causing them to "lose face." If this happens while you're employed with them, they will make your life hell for causing them to "lose face." Also, the school can fire you at this time for BS reasons and deny you LOR and cancel your visa. Then you would be in a bad situation.
The Labor board doesn't care about pension or health care. And unless you're physically assaulted at your job and then fired, they probably won't care anyway. It's your word against a Korean Businessperson! They will help the Korean business every time.
Oh, one last thing, super-happy guy! If you report them before you have fully transferred your visa to the new job they can wreak havoc for you in that process too, at the Immigration office. Possible lying about your employment ending, or cancelling your visa before you even go to immi office. Never, ever underestimate the ability of a hagwon owner to be evil.
Merry Christmas and just leave! Ha ha ha. |
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Hidalgo03
Joined: 21 Sep 2016
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| Posted: Wed Dec 07, 2016 7:39 pm Post subject: Re: Switching Jobs, Unpaid Pension/Health Insurance, and LOR |
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| pmwhittier wrote: |
| Hidalgo03 wrote: |
NOTE: I want to stay in Korea, so please spare me the "just leave" answers.
AGAIN. Please no crap about how I put myself in this position and how I'm screwed and blah blah blah. I just want some feedback about any possible courses of action for someone wishing to stay in Korea.
Thanks! |
Well, aren't you a pleasant person! But I won't lecture you about your crap attitude, I'll just offer my advice so as not to face the wrath of a Dave's poster!!!!
Option 3. Pension office will contact your current employer, thus causing them to "lose face." If this happens while you're employed with them, they will make your life hell for causing them to "lose face." Also, the school can fire you at this time for BS reasons and deny you LOR and cancel your visa. Then you would be in a bad situation.
The Labor board doesn't care about pension or health care. And unless you're physically assaulted at your job and then fired, they probably won't care anyway. It's your word against a Korean Businessperson! They will help the Korean business every time.
Oh, one last thing, super-happy guy! If you report them before you have fully transferred your visa to the new job they can wreak havoc for you in that process too, at the Immigration office. Possible lying about your employment ending, or cancelling your visa before you even go to immi office. Never, ever underestimate the ability of a hagwon owner to be evil.
Merry Christmas and just leave! Ha ha ha. |
Cheers!
As far as my attitude, I've lurked here for many years and... well.. the reputation precedes itself.
Just being a bit of a cunt to be on guard, so I appreciate the answer.
Merry Christmas to you, too! |
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PRagic
Joined: 24 Feb 2006
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| Posted: Wed Dec 07, 2016 9:40 pm Post subject: |
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Don't EVER pay for a LOR. Maybe a nice (inexpensive) gift as you receive it and you're on the way out the door, but do NOT pay. Probably too late to back peddle on that now. Should have asked first.
Get the LOR, then report to the pension office.
TTompatz is the go to poster for this type of situation.... |
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Hidalgo03
Joined: 21 Sep 2016
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| Posted: Wed Dec 07, 2016 9:53 pm Post subject: |
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| PRagic wrote: |
Don't EVER pay for a LOR. Maybe a nice (inexpensive) gift as you receive it and you're on the way out the door, but do NOT pay. Probably too late to back peddle on that now. Should have asked first.
Get the LOR, then report to the pension office.
TTompatz is the go to poster for this type of situation.... |
I hear you, and I've read many pieces of advice saying the same thing.
In my situation I dropped the post-dated LOR on her and she got really upset about it. The entire process of arguing about it (through a co-worker translating no less) took 2 hours. She had asked for a ridiculous amount for it, and I flat out refused.
After a few days I decided to yield and offer a much lower number, to which she agreed. I assumed this meant she would be signing the post-dated LOR, but nope! She wasn't budging from her stance of 'waiting until a new teacher was on their way'. I was furious.
No matter how many times I tried to explain the logistics of the LOR being post-dated, she couldn't/wouldn't wrap her head around it. So I really shot myself in the foot with that one, but it at least makes me feel more confident about getting the letter.
The school is losing money (hence me not being too shocked about the pension stuff) and I'll be lucky to simply get out with a LOR. If I report the pension, I'll likely get canned and definitely no LOR. If I don't report it, the money I would be losing through pension after a full year would dwarf the money I'm planning on paying for the LOR anyways.
It'd be a totally different story if I was going home. I'd have already left. With me wanting to stay in Korea, I have to wade through this mess for the next few months.  |
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PRagic
Joined: 24 Feb 2006
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| Posted: Thu Dec 08, 2016 4:56 pm Post subject: |
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| It's flat out extortion. IF you end up paying for the LOR, DEFINITELY report them to the pension office AFTER you get the LOR. |
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Hidalgo03
Joined: 21 Sep 2016
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| Posted: Thu Dec 08, 2016 5:21 pm Post subject: |
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Oh I will. I can't wait, to be honest.
I'll update here as things happen! |
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Hidalgo03
Joined: 21 Sep 2016
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| Posted: Tue Jan 17, 2017 4:33 pm Post subject: |
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Just curious... what leverage could I have with the labor board if I have a voice recording of my director asking for money in exchange for the LOR?
Should he not give me the LOR in the end, that is. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Jan 17, 2017 7:52 pm Post subject: |
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| Hidalgo03 wrote: |
Just curious... what leverage could I have with the labor board if I have a voice recording of my director asking for money in exchange for the LOR?
Should he not give me the LOR in the end, that is. |
None. The employer is under NO obligation to provide a LOR (whether paid or not, whether coerced or not).
If you cannot get one then China, Japan, Taiwan or Vietnam are in your near future.
If you want to avoid back payments to NPS and NHIC then simply leave the country.
Return and start the visa application process over again.
The old file is ignored so no back payments to be made by you.
If you are less than 90 days from exit to new visa you do NOT need to get new documents.
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Hidalgo03
Joined: 21 Sep 2016
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| Posted: Tue Jan 17, 2017 7:56 pm Post subject: |
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That would be repeating the visa process with my current school/sponsor, correct? My potential new employer does state in the contract about the need for a visa run if I can't get the LOR.
Thanks, ttompatz. I've always appreciated your input here and everywhere else on this forum.
As far as everything else, I've continued to be paid on time and work is same as always. Again, everything boils down to February, so I'll update here when things happen. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Jan 17, 2017 8:10 pm Post subject: |
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| Hidalgo03 wrote: |
That would be repeating the visa process with my current school/sponsor, correct? My potential new employer does state in the contract about the need for a visa run if I can't get the LOR.
Thanks, ttompatz. I've always appreciated your input here and everywhere else on this forum.
As far as everything else, I've continued to be paid on time and work is same as always. Again, everything boils down to February, so I'll update here when things happen. |
To avoid back payments to nps/nhic then leaving the country, re-entry as a tourist and obtaining a new visa with your new employer resets the start date for your account. Any back-payments from your previous job are nullified. Any existing credits in your NPS account are maintained.
New documents (degree / CBC) are not needed for the visa application if there is less than 90 days between E2s.
One CAVEAT here is that immigration will often NOT allow a new visa application if there is an incomplete contract without a LOR even if you have done the visa run (exit, turn in ARC, return as tourist) to cancel your old E2.
They certainly will not allow a transfer sponsorship of visa without a LOR.
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Hidalgo03
Joined: 21 Sep 2016
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| Posted: Tue Jan 17, 2017 9:23 pm Post subject: |
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| ttompatz wrote: |
| Hidalgo03 wrote: |
That would be repeating the visa process with my current school/sponsor, correct? My potential new employer does state in the contract about the need for a visa run if I can't get the LOR.
Thanks, ttompatz. I've always appreciated your input here and everywhere else on this forum.
As far as everything else, I've continued to be paid on time and work is same as always. Again, everything boils down to February, so I'll update here when things happen. |
To avoid back payments to nps/nhic then leaving the country, re-entry as a tourist and obtaining a new visa with your new employer resets the start date for your account. Any back-payments from your previous job are nullified. Any existing credits in your NPS account are maintained.
New documents (degree / CBC) are not needed for the visa application if there is less than 90 days between E2s.
One CAVEAT here is that immigration will often NOT allow a new visa application if there is an incomplete contract without a LOR even if you have done the visa run (exit, turn in ARC, return as tourist) to cancel your old E2.
They certainly will not allow a transfer sponsorship of visa without a LOR.
. |
Gotcha. Interesting about the NPS/NHIC loophole. Depending on how things go I will most certainly go that route if possible. |
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