alabamaman
Joined: 25 Apr 2006
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Posted: Sat Apr 14, 2007 10:59 pm Post subject: Re: LBO Talking Club |
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Labor Contract
Immigration Control Act
Employers in Korea have built a reputation for lying to foreign language teachers about Korean Law. Many teachers have expressed concerns about working without an E2 Visa prior to issuance of an E2 Visa. Several employers have said the following:
1) It's legal
2) I won't tell immigration
3) There's nothing to worry about
There are provision(s) in the Immigration Control Act that stipulate a foreigner must obtain status of sojurn prior to working for a Korean employer. The status of sojurn is specified on the bottom of your Visa.
Refer to Article 18 of the Immigration Control Act.
ttp://www.efl-law.com/Immigration_Act.swf
Termination Clause
2. Specific Grounds for Disciplinary Action or Termination
http://www.korealaw.com/content/immigration/Immigration01_02.asp?cate=54
Severance Payment
3. Severance Pay Requirement
http://www.korealaw.com/content/immigration/Immigration01_02.asp?cate=54
Income Taxes
http://www.nts.go.kr/eng/default.html
*Click on resources
*Click on publication
*Click on # 18
Your employer must deduct income tax according to the current tax rates. Deductions are not a fixed percentage (%) of your monthly salary. Refer to the Simplified Tax Withholding Table on the NTS website.
You can also use the following website below to calculate how much your employer should deduct from your monthly salary:
http://nts.go.kr/front/service/refer_cal/gani/refer_gani_eng.asp
Korean Pension
http://www.npc.or.kr/eng/enpsk.html?code=./enpsk/a02.html
National Healthcare Insurance Corporation
*click on FAQ
*click on contributions
http://www.nhic.or.kr/english/index.html
Pay & Payday
Pay: Accept no less than 2,000,000 Korean Won per month
Payday: The tenth (10th) of each month is extremely late and many employers write that payday in labor contracts to prevent teachers from pulling a "midnight runner." Ask for a payday of the 28th of each month. There are employers who have no problem paying employees late. So, it would be in your best interest to have contractual language stating "If the payday lies on a Saturday, Sunday, Korean National Holiday, day of paid vacation (annual leave), the employer agrees to pay the employee on the preceding work day.
Housing
Furnished single apartment with rent provided
*bed (not a yo), air-conditioner, fridge, microwave, television, pots, pans, eating utensils, clean linen, one (1) chair, washing machine, clothes-rack, telephone, and one (1) desk in working condition.
Working hours & Overtime
Regardless of what any employer or recruiter may tell you, your working hours should be clearly defined in your labor contract. If they aren't, then your employer has the power according to your labor contract to tell when to work throughout the day. That often leads to burnout amongst teachers. So, get your working hours defined. Many employers will not pay you for preparation before the first class worked. Preparation before the first class worked should be included in your monthly salary. You're also entitled to a break according to Korean Labor Law that you can use freely.
Overtime: Example 1 (Monthly Salary = 2,100,00)
1) Divide the number of weeks per year (52) by your annual salary (25,200,000 Korean Won)
2) Weekly salary (484,615 Korean Won)
3) Divide the weekly salary (484,615 Korean Won) by the number of hours you work per week (30)
4) Hourly wage (16,153 Korean Won)
5) Overtime wage = Hourly wage (16,153 Korean Won) x 1.5
6) Overtime wage = 24,229 Korean Won
There have been many cases where teachers haven't been paid overtime, so err on the side of caution when you see contractual language that stipulates "The employer may require the employee to work overtime."
Before you sign a labor contract
Talk to MORE THAN ONE of the foreign staff and ask POINTED AND SPECIFIC QUESTIONS (*when the boss is NOT listening over their shoulder).
-What are the hours? (start time / stop time / breaks).
-How many classes per day, week, month? NOT hour many hours per month. 30 classroom hours can mean anything from 1350 -1800 minutes per week standing in front of the class. The difference can be up to 7.5 HOURS in front of the class EACH WEEK.
-Do they ALWAYS pay on time?
-Do they pay at the end of your month or do they have a hold back period (5-10 days after your month end) to prevent runners? (no=red flag 1)
-Do they really pay overtime or avoid it with creative book keeping?
-Do you get credit for classes on the national holidays or do you get the day off but still have to work your 120 hours before you get overtime? (no=red flag 2)
-Do they have national medical (with the little booklet)? (no=red flag 3)
-Do they pay into pension? (no=red flag 4)
-What about the holidays? 10 or more WORKING days? (legal requirement here) (no=red flag 5)
-When and how do you get your holidays?
-What extra stuff do you really have to do - mentioned or not in the contract.
-Then consider the quality of life issues - things that are important to you that aren't mentioned here (housing, furnishings, THE BATHROOM, access to recreational facilities, shopping, banking).
Do they take additional deposits in addition to the delay in payday? (yes=red flag 6) |
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