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  • muffin85
  • Adventurer

    • 33

    • June 07, 2012, 10:08:51 am
    • south korea
Visa transfer and labor board ?'s
« on: January 10, 2014, 11:04:37 am »
I’m 5 months and 19 days into a contract at a small hagwon. After much coaxing from myself and my husband (the other foreign employee) our employer registered us for pension and insurance last month. Yay! Small victory! I called today to see if her contributions matched the money deducted from my paycheck. It doesn’t. Turns out she registered us for individual insurance and pension plans instead of as employees and that she has not registered us as employees with those organizations.
She also has not provided us with pay stubs.  Our pay dates has been moved back without our consent. We were not paid for the week when she moved back the pay date. She goes through our apartment when we are at work, and she has not paid her agreed portion of our shared apartment fees and pocketed the money we transferred to her for our part of the fees. Now the building manager is harassing us for the money. Also, my contract says that I will be taxed at 3.3%, but I read that I should be taxed at a lower rate.
 If I confront her, it will led to a time consuming verbal reaming followed by lots of awkwardness and passive aggressiveness and she may fire us. However, ir may be worth it.
My questions are:
1.   What is the most tactful way to resolve these issues? I’ve already brought up most of these issues and she says she will fix them, but hasn’t.
2.   If she fires me and refuse to give me a letter of release can I go to the labor board and get a forced Letter of Release (LOR)?
3.   If she doesn’t fire me, but doesn’t resolve these contract issues, and refuses to give me a letter of release can I go to the labor board and get a forced (LOR)?
4.   If I pay my individual insurance and pension plans, will the Labor Board view it as agreeing to wave my employers obligation to contribute half to those plans.
5.   If she asks us to move immediately, what is the best way to bide our time till we can get our stuff out and how can we ensure she doesn’t keep our security deposits?
6.   Can I get a refund for being over taxed? 
7.   What offices is an employer supposed to report their employee’s status to for their employment to be legal, ie, immigration, national pension, insurance? How can I check to see if she has properly reported me?
8.   How hard would it be to change jobs if I quit vs. if I got fired?
Thank you 


  • scholes
  • Expert Waygook

    • 821

    • May 12, 2011, 10:01:50 pm
    • Beomgye
Re: Visa transfer and labor board ?'s
« Reply #1 on: January 10, 2014, 11:14:27 am »
Apt fees for maintenance are actually borne by you and spouse unless the contract states the employer is. however, I have never seen a contract like that. You can also tell them that she hasn't paid you for the week when changed your paydate.

Ultimately, for you to have any chance of winning at the labor board, you should wait until she does something worth petitioning such as not paying you for the month.
Judging from what you have written, that could be a possibilty real soon.

For now, bide your time and let her win the small battles.


  • Tyshine
  • Adventurer

    • 32

    • May 11, 2012, 12:03:08 pm
    • Daegu
Re: Visa transfer and labor board ?'s
« Reply #2 on: January 10, 2014, 08:53:56 pm »
It is in our contract that she is to pay half the utilities. Thank you for the advice.


  • muffin85
  • Adventurer

    • 33

    • June 07, 2012, 10:08:51 am
    • south korea
Re: Visa transfer and labor board ?'s
« Reply #3 on: January 12, 2014, 12:11:23 am »
We have an unusual contract in that our employer is supposed to pay half the utilities in exchange for using the extra bedrooms in the apartment. Thank for the advice. I'll try to bide my time.


  • cruisemonkey
  • Expert Waygook

    • 853

    • March 25, 2011, 02:17:57 pm
    • China
    more
Re: Visa transfer and labor board ?'s
« Reply #4 on: January 12, 2014, 05:38:25 am »
We have an unusual contract in that our employer is supposed to pay half the utilities in exchange for using the extra bedrooms in the apartment.

Then how can you complain she goes through the apartment while you're at work?
The Ks once gave me five minutes notice. I didn't know what to do with the extra time.


  • Tyshine
  • Adventurer

    • 32

    • May 11, 2012, 12:03:08 pm
    • Daegu
Re: Visa transfer and labor board ?'s
« Reply #5 on: January 12, 2014, 02:08:36 pm »
We have an unusual contract in that our employer is supposed to pay half the utilities in exchange for using the extra bedrooms in the apartment.

Then how can you complain she goes through the apartment while you're at work?

By going into our bedroom when told that was not going to happen. Also the other bedrooms are never actually used, but were originally planed to be.


  • CDW
  • Hero of Waygookistan

    • 1783

    • June 15, 2011, 01:22:09 pm
    • Banned
Re: Visa transfer and labor board ?'s
« Reply #6 on: January 12, 2014, 09:56:49 pm »
You might want to wait until it has been six months since you began working at your hagwon before doing anything. Before six months you are only a probationary employee and can be fired at any time. After six months your employer must give you one month's notice under the labor law if they decide to terminate you.

If you go to the labor board then your boss may refuse to give you a letter of release. Another person's experience:

"Then I visited immigration. They told me that my boss had canceled by visa and my release letter because I had gone to labor. She said she would only reinstate the release if I canceled my meeting with labor and made a face to face apology to her....

"I phoned labor service, and they told me they don't have authority over immigration. When I asked immigration what will happen if I don't have a LOR, they told me I cannot work in Korea anymore."
http://forums.eslcafe.com/korea/viewtopic.php?t=230128&postdays=0&postorder=asc&start=75

The best thing to do would be to get a LOR and do not let your boss know that you have any intention to report her. After you have successfully transferred your visa to a new school you can go to the labor board. Remember that you have up to two years to file a labor board claim.