Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Pension Loophole (Private vs. Workplace)

 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
luv2dance79



Joined: 01 Jun 2007
Location: Suwon

PostPosted: Mon Jun 11, 2007 8:27 pm    Post subject: Pension Loophole (Private vs. Workplace) Reply with quote

I'm having an all out battle with my hagwon about their contribution to the pension plan. Apparently, they are registered as an individual private business and not a workplace. Therefore, they are not required to pay into my pension. I believe that they are getting away with this because they are using "freelance" employees rather than full-time teachers. After speaking to the pension office I found out a freelancer is someone who only works 15 hours a week...Yet, the eight teachers at the school are working full-time.

They are refusing to pay the 4.5% and are telling me the pension plan is optional. If it is optional, then why is the pension office requiring me to pay in each month? Something's up. They have told me it's not fair to the other teachers that I receive close to an extra 100,000 won a month, but have kindly (sarcasm) offered to give me 50,000 a month toward my pension...something that they DON'T have to do.

Has anyone else run into this problem where their school is listed as a private business and is exempt from paying the pension? Even the pension office is telling me that they are not required to pay because of their status. I was told by my boss that a workplace requires so much paperwork and they are not going to change their business for me. I'm about ready to break my contract.
Back to top
View user's profile Send private message Send e-mail
cbclark4



Joined: 20 Aug 2006
Location: Masan

PostPosted: Mon Jun 11, 2007 8:36 pm    Post subject: Reply with quote

Labor Board, Pension Office, Tax Office and Immigration should all be made aware of the situation.

See the Ianinilsan thread.

This school is riping you off, there are plenty of jobs aroud where you will not get ripped off. Consider a public school job.

Call Chris Gelkin at the Herald.
I think his username here is KHReporter.
Give him the details.

cbc
Back to top
View user's profile Send private message Send e-mail
pocariboy73



Joined: 23 Jan 2003

PostPosted: Mon Jun 11, 2007 9:27 pm    Post subject: Re: Pension Loophole (Private vs. Workplace) Reply with quote

luv2dance79 wrote:
I'm having an all out battle with my hagwon about their contribution to the pension plan. Apparently, they are registered as an individual private business and not a workplace. Therefore, they are not required to pay into my pension. I believe that they are getting away with this because they are using "freelance" employees rather than full-time teachers. After speaking to the pension office I found out a freelancer is someone who only works 15 hours a week...Yet, the eight teachers at the school are working full-time.

They are refusing to pay the 4.5% and are telling me the pension plan is optional. If it is optional, then why is the pension office requiring me to pay in each month? Something's up. They have told me it's not fair to the other teachers that I receive close to an extra 100,000 won a month, but have kindly (sarcasm) offered to give me 50,000 a month toward my pension...something that they DON'T have to do.

Has anyone else run into this problem where their school is listed as a private business and is exempt from paying the pension? Even the pension office is telling me that they are not required to pay because of their status. I was told by my boss that a workplace requires so much paperwork and they are not going to change their business for me. I'm about ready to break my contract.


That same situation happened to me at Little America in Daejeon many years back. All six foreign teachers were registered at the Pension Office as "free lancers" even though we worked full time for them. I was not aware of the rules back then. Had I have known, I would have reported them.
Back to top
View user's profile Send private message
Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Mon Jun 11, 2007 10:07 pm    Post subject: Re: Pension Loophole (Private vs. Workplace) Reply with quote

luv2dance79 wrote:
I believe that they are getting away with this because they are using "freelance" employees rather than full-time teachers.

Crapola. does your contract use the word "employee"? Then you're not a freelancer.
Back to top
View user's profile Send private message
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jun 12, 2007 1:54 am    Post subject: Re: Pension Loophole (Private vs. Workplace) Reply with quote

luv2dance79 wrote:
I'm having an all out battle with my hagwon about their contribution to the pension plan. Apparently, they are registered as an individual private business and not a workplace. Therefore, they are not required to pay into my pension. I believe that they are getting away with this because they are using "freelance" employees rather than full-time teachers. After speaking to the pension office I found out a freelancer is someone who only works 15 hours a week...Yet, the eight teachers at the school are working full-time.

They are refusing to pay the 4.5% and are telling me the pension plan is optional. If it is optional, then why is the pension office requiring me to pay in each month? Something's up. They have told me it's not fair to the other teachers that I receive close to an extra 100,000 won a month, but have kindly (sarcasm) offered to give me 50,000 a month toward my pension...something that they DON'T have to do.

Has anyone else run into this problem where their school is listed as a private business and is exempt from paying the pension? Even the pension office is telling me that they are not required to pay because of their status. I was told by my boss that a workplace requires so much paperwork and they are not going to change their business for me. I'm about ready to break my contract.


They are lying.

It is required by LAW that ALL foeigners LEGALLY working in Korea receive NPS pension and NHIC medical without exception.

One of the things they had to do BEFORE they were allowed by immigration to import and hire a foreigner was to be a licenced workplace / school.

File FORMAL complaints with the tax office, pension office, medical plan, labor office and immigration. (since you are not an "EMPLOYEE" they can release you from your E2 so you can find legitimate employment or find that you are in fact an employee and then you can really pixx in your bosses cornflakes.

Since you are gonna get screwed you might as well call in the big guns to play on your team.
Back to top
View user's profile Send private message Send e-mail
shifdog



Joined: 20 Jul 2006

PostPosted: Tue Jun 12, 2007 3:28 am    Post subject: Reply with quote

I have been interviewing for jobs this month, and I asked two different schools if they offered medical and pension. The FT's at one school said they were not receiving medical and pension.

The director at another school said they would not pay me pension if I was to sign with them. This school was also offering medical through Samsung.

I refused both of these jobs. But its amazing how many schools are not offering what is required by law. Both of these schools had more than a few FT's working there. FT's who allow themselves to be screwed by the schools make it harder for everyone.
Back to top
View user's profile Send private message
luv2dance79



Joined: 01 Jun 2007
Location: Suwon

PostPosted: Tue Jun 12, 2007 3:41 am    Post subject: Reply with quote

Here is what my recruiter is telling me......

First, I again mention you about the school�s business registration status.

His school is registered as an individual private academy lately so all Korean teachers� tax and salary were changed to register as a freelancer because the size of GnB school is not enough to be registered as a corporate school, before you come to Korea�

That�s why the pension office doesn�t request him to pay the pension of you and others. To be a corporate school, there should be more than 4~5 foreign teachers and their incoming suppose to be more than 30 million won per month. I�m not sure it�s true or not. I heard this from another school director who also does the individual private academy.. Anyway, that�s why it�s not necessary for GnB to pay for the pension.

I contacted to the main pension office in Jamsil area to find out the way. All people who are employed as a freelancer or a full time employer but most employees of private company or academy do not pay the pension because their incoming monthly salary is not regularly. For foreigners, of course, they send the letter of individual pension registration application but they know that only North Americans get it back and others don�t get it back. Which means, North Americans know they can get the pension back so they keep the way because it seems like legal because the pension plan is a part of government business.

What I just found out is, it�s not seriously necessary to pay the pension by yourself, if the school is not registered as a corporate school. In my opinion, whenever they get money from foreigners as the pension, the pension office keeps the money to get interest from their pension until foreigners get it back from the pension office. As you can guess, simply, they push people to pay pension to get interest from their money.. Even thought you don�t pay the pension to pension office (or Government), there is no problem with you because the pension plan is welfare of Koreans for their future life but you are not a Korean, just a temporary register in Korea. That�s why most of NZ, Australia, UK, Ireland and S.A people don�t pay pension if they work at private institute because it can be chosen by his/herself with their employer�s agreement. For sure that, they can�t get it back so they have no reason to pay it, it just is wasting money for them.. But if they work at public school, of course they have to pay for it. That�s the unfair thing for them but it�s the political business anyway..

To get the point, as the School part, yes, it�s legal for them that they are not necessary to pay the pension of employees because of the school business registration status. And for you, even though you got the letter from the pension office, it�s okay not to pay for pension if you don�t want, because they have no right to deduct the pension from your salary automatically as public schools or corporate schools.
Back to top
View user's profile Send private message Send e-mail
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jun 12, 2007 5:18 am    Post subject: Reply with quote

luv2dance79 wrote:
Here is what my recruiter is telling me......

First, I again mention you about the school�s business registration status.

His school is registered as an individual private academy lately so all Korean teachers� tax and salary were changed to register as a freelancer because the size of GnB school is not enough to be registered as a corporate school, before you come to Korea�

That�s why the pension office doesn�t request him to pay the pension of you and others. To be a corporate school, there should be more than 4~5 foreign teachers and their incoming suppose to be more than 30 million won per month. I�m not sure it�s true or not. I heard this from another school director who also does the individual private academy.. Anyway, that�s why it�s not necessary for GnB to pay for the pension.

I contacted to the main pension office in Jamsil area to find out the way. All people who are employed as a freelancer or a full time employer but most employees of private company or academy do not pay the pension because their incoming monthly salary is not regularly. For foreigners, of course, they send the letter of individual pension registration application but they know that only North Americans get it back and others don�t get it back. Which means, North Americans know they can get the pension back so they keep the way because it seems like legal because the pension plan is a part of government business.

What I just found out is, it�s not seriously necessary to pay the pension by yourself, if the school is not registered as a corporate school. In my opinion, whenever they get money from foreigners as the pension, the pension office keeps the money to get interest from their pension until foreigners get it back from the pension office. As you can guess, simply, they push people to pay pension to get interest from their money.. Even thought you don�t pay the pension to pension office (or Government), there is no problem with you because the pension plan is welfare of Koreans for their future life but you are not a Korean, just a temporary register in Korea. That�s why most of NZ, Australia, UK, Ireland and S.A people don�t pay pension if they work at private institute because it can be chosen by his/herself with their employer�s agreement. For sure that, they can�t get it back so they have no reason to pay it, it just is wasting money for them.. But if they work at public school, of course they have to pay for it. That�s the unfair thing for them but it�s the political business anyway..

To get the point, as the School part, yes, it�s legal for them that they are not necessary to pay the pension of employees because of the school business registration status. And for you, even though you got the letter from the pension office, it�s okay not to pay for pension if you don�t want, because they have no right to deduct the pension from your salary automatically as public schools or corporate schools.


He is also a LIAR.

http://www.nps.or.kr/jsppage/english/scheme/scheme_04.jsp

At the time of the introduction of the Scheme, foreigners were not mandatorily covered. Only foreigners working in a workplace covered under the Scheme could be covered as an Workplace based Insured Person by submitting an application.

Foreigners working at the workplace with 5 or more full-time employees were included in the mandatory coverage in August 1995 and those working at the workplace with
less than 5 employees including self-employed foreigners were also included in the mandatory coverage in April 1999. Accordingly, foreigners aged from 18 to less than 60 who reside in Korea must be, in principle, covered under the Scheme. But foreigners falling under any of the following items are excluded from the coverage.
- Those whose country does not mandatorily cover Korean citizens under its pension scheme.
=> Under this rule, only the nationals from 18 countries※ do not have to enroll and pay the NPS contributions.
※ the Republic of South Africa, Nepal, Russia, Maldives, Nyanmar, Bangladesh, Vietnam, Saudi Arabia,
Armenia, Ukraine, Ethiopia, Iran, Egypt, Tonga, Pakistan, Fiji, Cambodea, Singapore
- Foreigners who are not registered under the Immigration Act, or to whom the forced deportation order
has been issued under the same Act, or who are staying in Korea without being permitted to extend their
term of stay.
- Among the registered foreigners under Immigration Act, those whose stay status falls under any of the
followings; culture & art, studying abroad, industrial training, general training, religion, visiting & living
together and others.



and YOU (or anyone else with an E2) do NOT fall into one of the excluded categories.
Back to top
View user's profile Send private message Send e-mail
luv2dance79



Joined: 01 Jun 2007
Location: Suwon

PostPosted: Tue Jun 12, 2007 5:26 am    Post subject: Reply with quote

Well, I double checked with my boss tonight to ask "Am I an individually insured person?" The response was of course, "yes." Here is what the nps website says about that.....


(2) Individually Insured Persons
Individually Insured Persons should pay all their contribution and report thing regarding by themselves. Individually Insured Persons are those subject to the general coverage criteria, and they are neither Workplace based Insured Persons nor Voluntarily Insured Persons. Those falling under the category of Individually Insured Persons are as follows;

- The self-employed
- Non-income earners aged 27 or older
- Non-income earners under 27 who have paid one or more month contribution
- Others who fall under the category of Individually Insured Persons .

HA...self-employed...I don't fu**ing think so...unless I'm calling the shots from here on out. Oh yes, s**t's about to go down....I will be leaving this hagwon hell hole...Attention to all...Don't let these bast**ds get away with this sh*t!!

Thanks to all who are responding to this matter!! I really appreciate the advice and support.
Back to top
View user's profile Send private message Send e-mail
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jun 12, 2007 5:40 am    Post subject: Reply with quote

luv2dance79 wrote:
Well, I double checked with my boss tonight to ask "Am I an individually insured person?" The response was of course, "yes." Here is what the nps website says about that.....


(2) Individually Insured Persons
Individually Insured Persons should pay all their contribution and report thing regarding by themselves. Individually Insured Persons are those subject to the general coverage criteria, and they are neither Workplace based Insured Persons nor Voluntarily Insured Persons. Those falling under the category of Individually Insured Persons are as follows;

- The self-employed
- Non-income earners aged 27 or older
- Non-income earners under 27 who have paid one or more month contribution
- Others who fall under the category of Individually Insured Persons .

HA...self-employed...I don't fu**ing think so...unless I'm calling the shots from here on out. Oh yes, s**t's about to go down....I will be leaving this hagwon hell hole...Attention to all...Don't let these bast**ds get away with this sh*t!!

Thanks to all who are responding to this matter!! I really appreciate the advice and support.


Call 1355 from any land phone during government office hours and file your complaint about pension.

While you are at it, I don't suppose you are enrolled in the NHIC medical are you?

All foreigners and overseas Koreans who work for the workplace under the NHI scheme will be the employee insured compulsorily from January 1, 2006. They will receive the same benefits with the Koreans.

◈ Related Laws
- Article 93 of the National Health Insurance Act, Article 64 of the Enforcement Ordinance of the National Health Insurance Act, and Article 45 of the Enforcement Rules of the National Health Insurance Act.


◈ Other Inquires
http://www.nhic.or.kr click on ENGLISH at the top of the page.
Telephone : 1588-1125 For foreigners : (02)3270-9836~9

And how much is your boss withholding in taxes each month?
http://www.nts.go.kr/front/service/refer_cal/gani/refer_gani_eng.asp
*input your salary in thousands so 2.1 mil gets entered as 2100 and the taxes should be: w40,190.

Tax help is here:
http://www.nts.go.kr/eng/front/faqs_qna/foreign.asp

and when your employer become a real dick the labor office is at 1350
http://www.molab.go.kr
Back to top
View user's profile Send private message Send e-mail
Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Tue Jun 12, 2007 5:43 am    Post subject: Reply with quote

luv2dance79 wrote:
Well, I double checked with my boss tonight to ask "Am I an individually insured person?" The response was of course, "yes." Here is what the nps website says about that.....

I don't know how many ways or how many times we can tell you that he (and the recruiter) are LYING.

Report them to pension.
Report them to NHIC.
Report them to the tax office.
Report them to every office you can think of and raise a stink.
Back to top
View user's profile Send private message
luv2dance79



Joined: 01 Jun 2007
Location: Suwon

PostPosted: Tue Jun 12, 2007 1:29 pm    Post subject: Reply with quote

I've already talked to the pension office and they said they can't make him pay because his business is registered as private. I do have health insurance and am required to pay pension, but am not getting any help. I've talked to one of the Korean teachers and she told me that the teachers are not paying pension. I was told the laws have just recently changed and instead of paying pension they are only taxed 3%

Also, I found this interesting...The same Korean teacher told me that the boss opted out of pension plans because when he contributed pension towards foreign teachers and they didn't finish their contracts, he was out the money. I know this is all a bunch of bull**it and am gettting jerked around.

I'm just going to break my contract...at this point, it seems like my only option.
Back to top
View user's profile Send private message Send e-mail
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International