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jurassic82
Joined: 21 Jun 2006 Location: Somewhere!!!!
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Posted: Thu May 31, 2007 6:24 am Post subject: End of the Contract Blues |
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I was wondering if you Expats out there could give me some advice. I am nearing the end of my contract and so far I have had a pretty bumpy ride with my school. Sometimes it has been good and at other times really bad. As of today I have less than two months left. Actually 56 days. My boss pulled me into her office and sat me down. She told me how she was upset with me for giving the kids five minutes of free time at the end of class and for not controlling some of the classes. These classes I have sent kids out but she has done nothing. The parents are never called and the kids just come back to the classroom with a smile. They are soon disruptive again. I have seen kids hitting and spitting at each other and the Director has done nothing when I have told her. Anyways she told me that she could let me go and give me 45 days notice and I wouldn't get my airplane ticket or severence. She left it as a warning and didn't follow through. I am almost finished and I was wondering if she did try do something would I be justified to go to the labor board. On a different note she hasn't paid pension this whole year and didn't give me health insurance until three months into the contract. When she did give me the health insurance it was some shady private company. It was like travelers insurance. When I have tried to use it at the doctors they give me a blank stare and say I have to just get a reciept and have the company reimburse me. The insurance was useless. Could I use these things against her if she tried anything funny? I would appreciate any advice in this matter.  |
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valkyrian2 Mod Team


Joined: 15 May 2007
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Posted: Thu May 31, 2007 6:54 am Post subject: Re: End of the Contract Blues |
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jurassic82 wrote: |
I was wondering if you Expats out there could give me some advice. I am nearing the end of my contract and so far I have had a pretty bumpy ride with my school. Sometimes it has been good and at other times really bad. As of today I have less than two months left. Actually 56 days. My boss pulled me into her office and sat me down. She told me how she was upset with me for giving the kids five minutes of free time at the end of class and for not controlling some of the classes. These classes I have sent kids out but she has done nothing. The parents are never called and the kids just come back to the classroom with a smile. They are soon disruptive again. I have seen kids hitting and spitting at each other and the Director has done nothing when I have told her. Anyways she told me that she could let me go and give me 45 days notice and I wouldn't get my airplane ticket or severence. She left it as a warning and didn't follow through. I am almost finished and I was wondering if she did try do something would I be justified to go to the labor board. On a different note she hasn't paid pension this whole year and didn't give me health insurance until three months into the contract. When she did give me the health insurance it was some shady private company. It was like travelers insurance. When I have tried to use it at the doctors they give me a blank stare and say I have to just get a reciept and have the company reimburse me. The insurance was useless. Could I use these things against her if she tried anything funny? I would appreciate any advice in this matter.  |
The labor board really frowns on 11th month firings and they will go to bat for you against your hakwon.
She broke the law by not enrolling you in pension and NHIC medical. They are BOTH required by law.
You CAN and should file a complaint with the pension office (especially if you are Canadian or American) because, even if you file in your last 30 days, they will collect your portion of the premiums and then go after her for HER portion. You will pay about a million won to the pension plan and get 2 million back.
1350 (press 7 for English service) for the labor board and
1355 for the pension office.
I also suspect she was cheating on the taxes as well.
http://www.nts.go.kr/front/service/refer_cal/gani/refer_gani_eng.asp
input your salary in thousands (2 million = 2000 thousands) and the tax rate is 33,620 per month.
You can contact the Foreign Taxpayer Advocate Service of the tax department at:
http://www.nts.go.kr/eng/front/faqs_qna/foreign.asp
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sconner
Joined: 26 Jan 2006 Location: South Carolina
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Posted: Thu May 31, 2007 7:00 am Post subject: |
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OP, what country are you from? You may be entitled to get your pension back, which is both yours and her contribution. I had the same thing happen to me and filed with labor. My boss backed down. They really can't say they are suddenly unhappy with you in your eleventh month. It won't fly when you file with labor. |
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Hollywoodaction
Joined: 02 Jul 2004
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Posted: Thu May 31, 2007 8:05 am Post subject: |
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sconner wrote: |
OP, what country are you from? You may be entitled to get your pension back, which is both yours and her contribution. I had the same thing happen to me and filed with labor. My boss backed down. They really can't say they are suddenly unhappy with you in your eleventh month. It won't fly when you file with labor. |
Nor can they say they are suddenly unhappy after a few years, which some universities have been doing in advance of a law that will come into affect this year and next that will make long time employees 'permanent'. |
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yingwenlaoshi

Joined: 12 Feb 2007 Location: ... location, location!
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Posted: Thu May 31, 2007 10:01 am Post subject: |
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Oh for Christ sakes. I can't believe some hagwons are still doing this. Like it isn't obvious that they're trying to cheat you.
Bring the tax, health, and pension issues up and then see what they say. Tell them that you're going to each of these offices and the labor board. |
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Tommy

Joined: 24 Aug 2005
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Posted: Thu May 31, 2007 1:02 pm Post subject: |
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valkyrian2 wrote: |
The labor board really frowns on 11th month firings and they will go to bat for you against your hakwon. |
Therefore, you should wait until your 11th month before bringing any of these issues (health, pension) up. That is unless the labour board recognize 10th month firings as well. But defiantly go for your pension. |
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jurassic82
Joined: 21 Jun 2006 Location: Somewhere!!!!
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Posted: Thu May 31, 2007 4:11 pm Post subject: |
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I appreciate the feedback. I figure I'll just play it cool until it's the last month and then start bringing this stuff up. As for the pension I'm American so I would get it back. Like I said before if I did get fired I would work up until the end of my contract anyways. Regardless if I'm fired I would still finish my contract. Like I said they have to give me 40 days notice. Am I being naive but shouldn't I still get everything that is owed to me? Thanks again for everyone who responded to my post.  |
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Tommy

Joined: 24 Aug 2005
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Posted: Thu May 31, 2007 4:21 pm Post subject: |
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Like valkyrian2 said, if they fire you around the last month, giving you 40 days notice when you have 40 days left in your contract, just bring this to the attention of the labour board, and they'll back you up. The labour boys are wise to this scheme whereby the employer thinks they can avoid paying severance and return flights. If your employer tries this, you can inform them that labour are aware of 11th month firings, and they won't let it fly.
As for the pension/health - since you're American, I don't think you benefit from pension. So you only need to bring these up to get the upper hand, and use them as bargaining chips. |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Thu May 31, 2007 4:37 pm Post subject: |
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Quote: |
As for the pension/health - since you're American, I don't think you benefit from pension |
Americans get a pension refund. OP- You DEFINITELY want to get them at the pension office. |
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poet13
Joined: 22 Jan 2006 Location: Just over there....throwing lemons.
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Posted: Thu May 31, 2007 5:26 pm Post subject: |
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Hey OP. You might also want to check into taxes and see if they have been paid. I konw some people here get a refund when they file.... If you back pay pension, you will also have to back pay health. 4.5% every month. It's a chunk, but it's worth it... |
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khyber
Joined: 16 Jan 2003 Location: Compunction Junction
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Posted: Thu May 31, 2007 5:44 pm Post subject: |
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FCKU!!!
I had NO idea you could file for pension retroactively!~ I worked at the same hagwon for 3 years (like an idiot) and they never paid into my pension.
The fact that it came be retrieved retroactively just makes me feel that much more the fool (I haven't worked there since 2005: It's not possible to still do that right?). |
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The_Conservative
Joined: 15 Mar 2007
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Posted: Thu May 31, 2007 5:48 pm Post subject: |
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I had a similar situation...except that I wanted a letter of release and they wouldn't give it to me. So on the advice of another poster I told them they had two choices. (a) They could refuse to give me the LOR..in which case I would go to the pension and tax offices. (b) They could give me the LOR in which case I would just quietly leave without notifying the proper authorities. They did a lot of huffing and puffing, even called in their recruiter (People Recruit) who threatened me saying "You'll never work in Korea again."... but the school gave in in the end and signed my LOR.
I'd do something like that... agree to trade pension for severance and airplane ticket. Then after you get severance and airplane ticket you could visit the pension office anyway if you really felt vindictive. |
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cbclark4

Joined: 20 Aug 2006 Location: Masan
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Posted: Thu May 31, 2007 6:07 pm Post subject: |
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jurassic82 wrote: |
I appreciate the feedback. I figure I'll just play it cool until it's the last month and then start bringing this stuff up. As for the pension I'm American so I would get it back. Like I said before if I did get fired I would work up until the end of my contract anyways. Regardless if I'm fired I would still finish my contract. Like I said they have to give me 40 days notice. Am I being naive but shouldn't I still get everything that is owed to me? Thanks again for everyone who responded to my post.  |
Yes complicity to criminal activity directed at you is a great policy.
Will you please be a victim for me.
cbc |
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sconner
Joined: 26 Jan 2006 Location: South Carolina
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Posted: Thu May 31, 2007 8:15 pm Post subject: |
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OP, you will get a pension refund, but not unless you pay into it. You have 56 days left, so you have to take care of it now. You will have to back pay for your health insurance, if she hasn't taken that out. It's highly unlikely, but you are unknowingly breaking the law, and if you get caught you will have to pay a fine. Not knowing is not an excuse as far as the pension office is concerned, and besides that, you are entitled to it. Good luck and let us know what happens. |
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spliff

Joined: 19 Jan 2004 Location: Khon Kaen, Thailand
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Posted: Thu May 31, 2007 8:22 pm Post subject: |
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The_Conservative wrote: |
I'd do something like that... agree to trade pension for severance and airplane ticket. Then after you get severance and airplane ticket you could visit the pension office anyway if you really felt vindictive. |
Feel me...definitely do the above and it's not being vindictive, it's getting what's owed you! |
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