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Problem with Hogwan Contract Payments

 
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Asiablue



Joined: 15 Jan 2006

PostPosted: Wed Jun 27, 2007 10:21 am    Post subject: Problem with Hogwan Contract Payments Reply with quote

I am leaving my job of 6 years to return home, owing to my mother's decline in health. She is not on her deathbed yet, so I felt confident to give my employer 3 months notice.

My hogwan has had 2 owners, a Mr. L and a Mrs. J. As I understand it, I am owed severance and an air ticket at the end of every contract. Mr. L never paid me anything save my monthly pay. Then he sold the hogwan to Mrs. J. after resigning me to my fourth contract.

I asked Mr. L for payment of the severance, airticket and pension refund I believed he owed me, and he refused.

Mrs. J has now been my boss for 18 months, and has no plans to pay anything other than my last monthly pay. I believe she owes me money for the first contract, although not the second. She believes she owes nothing due to my "breaking the contact."

I am not sure if I am correct or incorrect, or who to call for help in clearing this up. Please enlighten me with advice, phone numbers and links if possible.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 27, 2007 10:33 am    Post subject: Re: Problem with Hogwan Contract Payments Reply with quote

Asiablue wrote:
I am leaving my job of 6 years to return home, owing to my mother's decline in health. She is not on her deathbed yet, so I felt confident to give my employer 3 months notice.

My hogwan has had 2 owners, a Mr. L and a Mrs. J. As I understand it, I am owed severance and an air ticket at the end of every contract. Mr. L never paid me anything save my monthly pay. Then he sold the hogwan to Mrs. J. after resigning me to my fourth contract.

I asked Mr. L for payment of the severance, airticket and pension refund I believed he owed me, and he refused.

Mrs. J has now been my boss for 18 months, and has no plans to pay anything other than my last monthly pay. I believe she owes me money for the first contract, although not the second. She believes she owes nothing due to my "breaking the contact."

I am not sure if I am correct or incorrect, or who to call for help in clearing this up. Please enlighten me with advice, phone numbers and links if possible.


Gotta love those hakwons...

Call the labor office 1350 extention 7.

You are entitled to severance (article 34 of the labor standards act) for each full year worked.
http://forums.eslcafe.com/korea/viewtopic.php?t=91053

You may be fooked for value of all the airtickets except the last one to go home.


Last edited by ttompatz on Wed Jun 27, 2007 11:52 am; edited 1 time in total
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Asiablue



Joined: 15 Jan 2006

PostPosted: Wed Jun 27, 2007 11:18 am    Post subject: Reply with quote

Extension 7? Do they speak English? I tried to call those guys and got some dude who spoke only in Korean. Thanks for the info, though. I'll give it a shot tomorrow.
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Asiablue



Joined: 15 Jan 2006

PostPosted: Wed Jun 27, 2007 11:20 am    Post subject: Reply with quote

I should add that I only recently discoverd I was NOT registered for medical insurance. Found out the hard way: Shingles, treatment for which I had to pay out of pocket. Do they owe me the taxes they took?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 27, 2007 12:10 pm    Post subject: Reply with quote

Asiablue wrote:
I should add that I only recently discoverd I was NOT registered for medical insurance. Found out the hard way: Shingles, treatment for which I had to pay out of pocket. Do they owe me the taxes they took?


You are getting cheated out of your severance (~12 million won).

My guess is that they did NOT pay taxes properly (did you pay more than about 1.7% ) ?

Not registered for medical (illegal) usually means no pension refund either....

If you are from north America it means you got fooked for another (6 years of working?) 6 million won (their contributions to your pension) as required by law.

Labor board....dial 1350.... extension 7 is for English service.

All up it looks like that great hakwon you worked at for the last 6 years is going to screw you for about 18 million won in benefits + airfares + tax overpayments.


..


Last edited by ttompatz on Wed Jun 27, 2007 1:45 pm; edited 2 times in total
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Wed Jun 27, 2007 1:14 pm    Post subject: Reply with quote

Jesus Christ.
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Soccerstar



Joined: 21 Nov 2006
Location: Kyungsangnamdo

PostPosted: Wed Jun 27, 2007 2:17 pm    Post subject: hogwons Reply with quote

Why did you keep re-signing with that hogwon?
I'm a bit amazed that you stuck with them even when they didn't give you airfare the first year around.
Lesson learned the hard way. Public schools are the only safe way to go.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Wed Jun 27, 2007 2:19 pm    Post subject: Reply with quote

That's a lot of cash.

Last edited by yingwenlaoshi on Wed Jun 27, 2007 8:23 pm; edited 1 time in total
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Wed Jun 27, 2007 4:06 pm    Post subject: Reply with quote

Good luck and keep us updated. It is difficult but you will get a lot of support from here.

Article 34 (Severance Pay System)

(1) An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply.

(2) In establishing the severance pay system stipulated in paragraph (1), a differential severance pay system shall not be permitted within one business.

(3) An employer may, at the request of workers, pay severance pay in advance for the period of continuous employment of the worker concerned by adjusting the balances of remunerations before his retirement, irrespective of the provisions of paragraph (1). In this case, the number of years of continuous employment for the computation of severance pay shall be counted anew from the moment the latest adjustment of balances has been made.

(4) In cases where an employer has enrolled in pension insurance program for retirees or a retirement lump sum payment trust as prescribed by the Presidential Decree (hereinafter referred to as �pension insurance, etc.�) for workers, whereby workers, as the insured or a beneficiary, receive lump sum payment at the time of retirement, or draw their pensions, it shall be deemed that the employer has set up a severance pay scheme in accordance with paragraph (1). The amount of lump sum by the retirement insurance, etc., however, shall not be smaller than that of severance pay pursuant to paragraph (1). <Amended by Act No. 5473, Dec. 24, 1997>
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