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question about visa, severence and pension

 
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xCustomx



Joined: 06 Jan 2006

PostPosted: Mon Jan 23, 2006 5:59 am    Post subject: question about visa, severence and pension Reply with quote

my contract finishes at the end of march...my employer wants me to renew my visa soon. i agreed to keep working for them, but only until the middle of august so i can try and get a univ or public school job in september. they know that i will only work for about 4 more months, and i will get that written out in the contract. my question is about the visa. i was told that i can get the 1 year visa. what happens when i no longer work for the school in august? will they cancel the visa? do i have to go to japan and get a tourist visa? are 4 month contracts allowed by immigration? ....regarding severence pay, do i get that after my 1 year contract is up, or after i stop working for the school completely in august? i never signed up for the pension, but i want to do so. i realize that i will have to pay for all the months that i did not contribute, but that is fine with me. do i just give the paperwork to my boss? i have a feeling she's not gonna be too thrilled with the fact she has to pay 1,000,000�� in back payments, but whatever. thank you.
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ontheway



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

PostPosted: Mon Jan 23, 2006 7:51 am    Post subject: Reply with quote

When you write your new contract to extend your existing contract you will include a new ending date. If the new date is August then Immigration will extend your stay for the additional four months, not for a full year. They will make a note of the new date on your ARC but not in your passport. Your passport will seem to have an expired Visa but your ARC makes it OK.

If you want to extend your visa for a year you will need to extend for a year. Then you would have to break this contract to leave in August. On paper you would be breaching the contract. So, you should just extend your contract for the four months.

When you write your new contract, you should request that you be paid your severance, airfare, and ony other end of contract items on your next pay date and not at the end of the additional time. You should also write in a prorated four months of severance and airfare for the additional time period.

As to the pension, you have gone nearly a year without it. Is it in your contract? It may be legally required, but many employers believe that they don't have to pay. Others just plan to cheat. So, it could create a great deal of trouble for you. Maybe you should get your new contract and visa and your other payouts before you open up this can of worms.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jan 23, 2006 8:00 am    Post subject: Re: question about visa, severence and pension Reply with quote

xCustomx wrote:
my contract finishes at the end of march...my employer wants me to renew my visa soon. i agreed to keep working for them, but only until the middle of august so i can try and get a univ or public school job in september. they know that i will only work for about 4 more months, and i will get that written out in the contract. my question is about the visa. i was told that i can get the 1 year visa. what happens when i no longer work for the school in august? will they cancel the visa? do i have to go to japan and get a tourist visa? are 4 month contracts allowed by immigration? ....regarding severence pay, do i get that after my 1 year contract is up, or after i stop working for the school completely in august? i never signed up for the pension, but i want to do so. i realize that i will have to pay for all the months that i did not contribute, but that is fine with me. do i just give the paperwork to my boss? i have a feeling she's not gonna be too thrilled with the fact she has to pay 1,000,000�� in back payments, but whatever. thank you.


Lets make this real simple. When you want to renew...

You need to take your contract extension to immigration along with the same documents you used when you got your ARC. If it is ONLY until August, then that is when your visa will expire. If you sign another 1 year contract, then your visa is for one year and you will not easily get out of it in August.

You are not getting a new 4 month contract or a 4 month visa. You are getting an extension to your existing 1 year contract (possibly with changes) and visa. You will get your severance when you are finished working for that employer.
http://www.molab.go.kr:8001/english/policy/working_standards/pol0301.jsp

When your E2 is just about finished, go to immigration and get an extension for tourism purposes... "change of sojourn". Cost is 30k won and no hassle.

If you try to get the pension thingy now... your boss will probably screw you. Is 4 months of HELL worth the extra 250k won per month you might gain? Use your best judgement here.
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ontheway



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

PostPosted: Mon Jan 23, 2006 8:13 am    Post subject: Reply with quote

Every teacher extending or renewing a contract with the same employer should try to get the severance paid right away upon completion of each year and not wait to the end. There is no law requiring you to wait until the end of your employment. It's up to you to negotiate.

I get my severance paid annually as a bonus. I keep on extending year after year, but why wait till the end of all those years and leave all that cash accumulate in the hands of your boss? Even if you trust them with the money, wouldn't you rather invest the cash and earn some interest or capital gain?
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Mon Jan 23, 2006 3:58 pm    Post subject: Reply with quote

ontheway wrote:
Every teacher extending or renewing a contract with the same employer should try to get the severance paid right away upon completion of each year and not wait to the end. There is no law requiring you to wait until the end of your employment. It's up to you to negotiate.


But, the way I understand it, and I may be wrong, if you extend for less than a full year and get your severance at the end of the first year, you get nothing for the partial year. But, if you let it accumulate, you get the partial year prorated.

Example 1:

Work 16 months (extended for 4 months after first year). Take severance after end of 1 year. Salary = 2.0 million => TOTAL SEVERANCE = 2.0 million.

Example 2:

Work 16 months again, but do not take severance after 1st year. After 16 months you get 2.0 million + (4/12) 2.0 million => TOTAL SEVERANCE = 2.65 million

KPRROK
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