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Individual contractor

 
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Tommy



Joined: 24 Aug 2005

PostPosted: Mon Jun 05, 2006 3:57 pm    Post subject: Individual contractor Reply with quote

Does anyone have any information on being hired as an individual contractor or independent contractor? I'm looking at signing a one year contract (not as a teacher) but the employer tells me that as an individual contractor I'll get:

No pension
No health care
No severance
No red days!
Only 5 days paid vacation (trying to extend that one)

Seems like a loophole for an employer to hire someone without giving them any of the usual benefits... Can anyone give me more info or point me in a direction where I can find more info as being hired as an individual contractor?
Cheers,
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Big Mac



Joined: 17 Sep 2005

PostPosted: Mon Jun 05, 2006 5:12 pm    Post subject: Reply with quote

Doesn't sound like a very good deal to me. It's some director who got a brain wave...he thinks if he changes the wording a bit then he won't have to give you all the things other employers do. Why would you even consider working for a con artist like that?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jun 05, 2006 5:16 pm    Post subject: Re: Individual contractor Reply with quote

Tommy wrote:
Does anyone have any information on being hired as an individual contractor or independent contractor? I'm looking at signing a one year contract (not as a teacher) but the employer tells me that as an individual contractor I'll get:

No pension
No health care
No severance
No red days!
Only 5 days paid vacation (trying to extend that one)

Seems like a loophole for an employer to hire someone without giving them any of the usual benefits... Can anyone give me more info or point me in a direction where I can find more info as being hired as an individual contractor?
Cheers,


He's cheating/lying ..... and I quote from the NHIC website here.

"From 1, 2006, the National Health Insurance will be compulsory for all foreign workers in Korea

Because of the amendment of the National Health Insurance Act on Jul. 13, 2005, without relation to the type of Status of Stay, all foreign workers and overseas Koreans who work for an workplace in Korea shall automatically be the employee insured since 1 January, 2006.

If foreign workers made or will make their employment contract with their employer before 1 January, 2006, they will be the employee insured from 1 January, 2006, and if they will make the employment contract with their employer since 2 January, 2006, they will be the employee insured since the first date of employment."
http://www.nhic.or.kr/wbe/index.html

The same is true for pension.

Red days are up to you. You can negotiage those away with overtime pay in lieu.
http://www.molab.go.kr:8001/english/policy/working_standards/pol0302.jsp

Severance is required by law for all employees who work for more than one calendar year. 1 month pay for each accumulated year worked.
http://www.molab.go.kr:8001/english/policy/working_standards/pol0301.jsp

Paid vacations within the first year of employement are negotiable.

quoted from the ministry of labor website
"Ten-day paid leave shall be granted to those who have worked for a year without an absence. In case of 90% of attendance during an one-year period, 8-day paid leave shall be granted. (One-day annual leave is added for each of consecutive service years exceeding one year. If the number of leave days exceeds 20 days, the excess can be replaced with monetary compensations.)"
http://www.molab.go.kr:8001/english/policy/working_standards/pol0302.jsp
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ontheway



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

PostPosted: Tue Jun 06, 2006 2:55 am    Post subject: Reply with quote

If you are truly an "independent contractor" then you are your own employer. You make a contract to provide certain services to another business. It is up to you to pay your own housing, insurance, pension, vacation etc. It is also up to you to choose who you will send to provide the services you have contracted to provide. You are starting your own service business and you are the owner and boss of that business. You are also your own employee. You have to complain to yourself when you don't like your contract and working conditions.

Could be great if you're very entrepreneurial. You are running a temporary employment agency. You should charge 50,000 (or so) won per hour for your workers - you, that is. You invoice your customer weekly and he pays you weekly. There are no deductions, it's just a bill. Then you pay for everything.
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Tommy



Joined: 24 Aug 2005

PostPosted: Tue Jun 06, 2006 7:38 am    Post subject: Reply with quote

I'll be on an E2 visa. It's an editing job correcting papers, paying 3.0 a month. Also, I can work from home two days a week.
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denverdeath



Joined: 21 May 2005
Location: Boo-sahn

PostPosted: Tue Jun 06, 2006 8:14 am    Post subject: Reply with quote

Tommy wrote:
I'll be on an E2 visa. It's an editing job correcting papers, paying 3.0 a month. Also, I can work from home two days a week.


Just my opinion, but it doesn't sound like you're much of an independent contractor if some place is sponsoring your E-2 visa. I suggest you ask in detail about what kind of taxes are going to be withheld. Says that it should be about 4.8% here:

http://nts.go.kr/front/service/refer_cal/gani/refer_gani_eng.asp

Also, ask yourself if the three mil is worth having no health, days off, pension, or severance. What about housing? How many hours are expected of you on a weekly/monthly basis? Anyway, from what I know, your workplace should be contributing towards the pension program as well as providing you with health benefits if they are your E-2 sponsor and even if you are their sole employee. Legally. I could be wrong though.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jun 06, 2006 8:16 am    Post subject: Reply with quote

Tommy wrote:
I'll be on an E2 visa. It's an editing job correcting papers, paying 3.0 a month. Also, I can work from home two days a week.


If you are on an E2 and they are your sponsor... then you are an employee by definition and by law.... NOT a subcontractor.
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