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luv2dance79

Joined: 01 Jun 2007 Location: Suwon
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Posted: Mon Jun 04, 2007 10:55 pm Post subject: Another Damn Pension Question...please help. |
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Well, I've had quite a few questions about the Pension plan. I am American and know that I would get it back at the end of the year. However, there was no mention of a pension written into my contract. I work at a Hagwon with more than 5 teachers and have been here for two months.
I received a letter and a form to fill out from the pension office in my mailbox. I just spoke with my boss and he told me it's not in my contract and it's my decision whether or not I want to be enrolled in the plan. He obviously will not be matching 4.5%.
So my question is, does he legally have to have me enrolled in the Pension Plan, and is he required to pay half of it? I'm very confused and starting to get the feeling that I'm getting ripped off.
Thanks for your help.
Last edited by luv2dance79 on Tue Jun 05, 2007 7:13 pm; edited 1 time in total |
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Masta_Don

Joined: 17 Aug 2006 Location: Hyehwa-dong, Seoul
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Posted: Mon Jun 04, 2007 11:15 pm Post subject: |
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I'm in the same boat. I really like my boss but they recently sprung it on me that I would have to pay for all of my pension (the schools not doing so well but the justification was 'it's not fair to the Korean teachers that you get yours when you leave'). Since it's not in my contract I asked to opt out and avoid the whole ordeal completely but it's tied in with insurance and the school's locked in once they register. The only solution is to declare the company bankrupt which they don't seem keen on. So, I too am in need of what advice on what to do. |
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Wondering
Joined: 23 May 2007 Location: Seoul
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Posted: Mon Jun 04, 2007 11:29 pm Post subject: |
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You get it when you leave because you are leaving, not staying in Korea well into your dotage. They don't get it because it is pension...something put in reserve for their old age. They'll be in Korea when they are old so they can draw it out then. You won't be.
What's not fair is for you to not get it when by law, they are legally required to pay into it. If you were from a country that didn't have an agreement with Korea and thus were ineligible to draw your pension, then I could both parties (you and the school) doing whatever you could to avoid paying into it. As it is, they are basically shortchanging you. I would tell them that they can either give pay into my pension as they are legally obligated to do or they can give me a raise that equals what they would be paying into the pension. |
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hubba bubba
Joined: 24 Oct 2006
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Posted: Mon Jun 04, 2007 11:36 pm Post subject: |
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Seriously, I can't believe:
A) Hogwon owners pull this garbage out of their a$$es.
and
B) People fall for it.
You're both getting jacked. It's the law. Call the labor board. You're talking about two million won at the end of the year. |
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billyg
Joined: 16 Feb 2005
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Posted: Mon Jun 04, 2007 11:59 pm Post subject: |
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its the law, you're entitled to it, no questions asked. unfortunately, its going to create a sticky situation at the school... perhaps they're not aware its the law... or they're just waiting for you to call their bluff? |
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Masta_Don

Joined: 17 Aug 2006 Location: Hyehwa-dong, Seoul
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Posted: Tue Jun 05, 2007 12:04 am Post subject: |
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I know it's the law but they didn't even register, and only did so so I could get insurance, meaning they weren't paying it, for the first 6 months, so I won't be getting that anyways. Then they paid for 2 or 3 months. Then they lumped the news in with the decision that they'll give me a 3 week long vacation this summer. I told them that it was illegal but they didn't give. Like I said, I really like my boss and school so I don't want to quit or go to the Labor Dept. It's the only thing that they've bent me over on so far. |
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xtchr
Joined: 23 Nov 2004
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Posted: Tue Jun 05, 2007 12:09 am Post subject: |
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Masta_Don wrote: |
I know it's the law but they didn't even register, and only did so so I could get insurance, meaning they weren't paying it, for the first 6 months, so I won't be getting that anyways. Then they paid for 2 or 3 months. Then they lumped the news in with the decision that they'll give me a 3 week long vacation this summer. I told them that it was illegal but they didn't give. Like I said, I really like my boss and school so I don't want to quit or go to the Labor Dept. It's the only thing that they've bent me over on so far. |
Do you like other cheats and liars? |
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georgiadawg
Joined: 04 Dec 2004
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Posted: Tue Jun 05, 2007 12:30 am Post subject: Solution |
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I have recently been through this same ordeal.
To solve the problem, simple visit your local pension office (a.k.a. regional office) and notify them that your boss is not paying into the pension plan (that you are not enrolled). They will call your boss for you and set it up, along with notifying him of how much is necessary to pay.
If he does not respond, you can visit the pension headquarters near Jamsil, they will investigate further and press your employer to enroll you.
You pay 4.5% of your monthly salary and your employer pays 4.5% of your salary.
Your employer is requred to make a monthly payment by the 10th of every month (for the previous months salary deduction). Check with your local pension office every few months to make certain that he is paying properly (take in your payslips to verify).
You can read more (and explain to your boss) by visiting www.nps.or.kr
You can find the address to your local pension office on their website. You can talk with someone from the National Pension office by dialing 1355 from a land phone (or 02-1355 from a cell phone).
Georgiadawg |
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newintown
Joined: 01 Jan 2007
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Posted: Tue Jun 05, 2007 8:17 am Post subject: |
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thanks for the feedback. i'm going to bite the bullet & face my bastard director over this. he's skanking us left, right & centre, i'm no way letting this go. |
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luv2dance79

Joined: 01 Jun 2007 Location: Suwon
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Posted: Tue Jun 05, 2007 7:24 pm Post subject: |
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After talking to my boss yesterday I was furious because I know he's trying to avoid paying. I did indeed call the pension office. At first they told me that there's nothing they could do because it's not in my contract. They told me "since you are a freelance teacher he doesn't have to pay." WTF??? Yes, my boss has me enrolled as a freelancer.
I asked what qualifies someone as a freelance teacher. They said, "well, you only work 15 hours a week." HA!!! I told them I spend 35 hours a week at my school and teach way over 15 hours. Then their attitudes started to change. They immediately wanted the number to my school. OOPS...If you work more than 15 hours a week then your boss is entitled to pay their 4.5% of the pension.
Tomorrow, I plan on telling my boss what I know and giving him the heads up before the pension office calls him. I won't be jerked around and no one else should be either. Do they really think we will believe their bullshit and not investigate the situation ourselves?
I feel ya newintown...they shouldn't f**k us over and I'm not having it either. I already told my recruiter, if this isn't rectified...I'm out! |
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ChuckECheese

Joined: 20 Jul 2006
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Posted: Tue Jun 05, 2007 9:09 pm Post subject: |
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What I recommend is this. If your boss is not willing to enroll you into the pension plan, do these:
1. just let it be but save your portion (4.5%) each month. Set up a separate savings account.
2. save up and safe keep all of your pay stubs (statements).
3. when you finish your contract and received your final pay with severance, go straight to pension office and file a complaint and make a claim against your hagwon.
4. pay your portion (4.5%) that you have saved up and pension office will collect other half from your boss.
This way you won't have to deal with cheatin hagwon boss in the middle of your contract. |
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Wondering
Joined: 23 May 2007 Location: Seoul
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Posted: Tue Jun 05, 2007 9:11 pm Post subject: |
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ChuckECheese,
That is great advice! |
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luv2dance79

Joined: 01 Jun 2007 Location: Suwon
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Posted: Tue Jun 05, 2007 9:39 pm Post subject: |
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That is good advice Chuck E...but the pension office is on to my boss now...they are calling me tomorrow to get his phone number. If by then he is still not willing to comply, I'm just making a visit to the office here in Suwon...pay stubs, work schedule, and completed forms in hand. I can't see how they couldn't start making him pay.  |
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Wondering
Joined: 23 May 2007 Location: Seoul
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Posted: Tue Jun 05, 2007 9:47 pm Post subject: |
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Oh, they can make him pay, but do you really think he's going to just pay up and not take it out on you in a myriad of of little annoying ways? Or big ones? That's why I like CC's advice...it gets taken care of AFTER you are out from under his thumb. Yeah, it's too late for you, but I think it's a great idea for others in your situation who haven't already been to the pension office. By the way, you still get major points for actually going and reporting him. It's frightening how many people will just put up with something like that and not stand up for themselves. |
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luv2dance79

Joined: 01 Jun 2007 Location: Suwon
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Posted: Tue Jun 05, 2007 9:54 pm Post subject: |
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Believe me wondering...I've already thought about how I'm going to be treated after this goes down....not looking forward to it...This whole situation reminded me of a rap lyric..
"Fu**in wit my dough is like Fu**in wit my pride and Fu**in wit my hoes is like Fu**in wit my high...there's two things in life that you just don't F**k with...act like a trick and like a trick you get dealt with."
Last edited by luv2dance79 on Wed Jun 20, 2007 6:07 am; edited 1 time in total |
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