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Working over 40hrs/week or on weekends - time and a half?

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Anonymous
Working over 40hrs/week or on weekends - time and a half?
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Hello,

I have a simple question concerning labor laws in Korea. If you work over 40 hours a week or if you work during the weekend when you normally would not, are you entitled to receive time and a half? If yes, could you please point out to me which article of the labor code has such a stipulation?

 

I also have another question concerning Canadians. If you work in Korea, can you declare your income to only Korea and not to Canada? Or do you have to eventually pay income tax to Canada?

Last question: as a Canadian, when you leave Korea, are you entitled to receive your pension pay? I heard it is roughly equal to one month of salary, and I know Americans can get it, but the law is apparently not the same for every foreign national.

 

Thanks for your help

Travis Kemp
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Joined: 12/21/2009
Re: Working over 40hrs/week or on weekends - time and a half?

i can answer the last querry with ease. yes you can get your pension back when you leave korea. just go to the nearest NPS office, with all relevant docs. passport, alien card, foreign bank destination, and airticket.

with regards to taxes. i don't believe they've changed, so yes, you would have to claim. you are not exempt unless you show proof of non residency (means no land holdings or business accounts  basically) others might be able to give more detail. best option, which is what i subscribe to, dont tell, they don't ask. option 2, i've been out of canada since 1998. i no longer count. so you could bide your time globe trotting they'll "forget" you exist.

as for labour law. i've no idea, but its korea, and since thye all put in 15 hour days, i don't think they'd have one for foreign working people. anything over 30 is criminal in my opinion anyway.

 

good luck

Anonymous
Re: Working over 40hrs/week or on weekends - time and a half?

Why don't you look at the contract you signed?  There should be a stipulation regarding overtime pay. 

HealthAndWellne...
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Joined: 08/21/2012
Re: Working over 40hrs/week or on weekends - time and a half?

Anonymous is exactly right.  Ask for a copy of your contract and read every line.  If you had an issue with your school, you likely aren't going to get them on labor laws.  Also, for a point of reference, I was working from 9:15am to 7:15pm at my last school.  No overtime.  They're careful with their wording of total hours as distinct from teaching hours.  

Also, I realize this isn't as relevant as I'm from the U.S., but I suppose there may be some cross over.

 For U.S. citizens working out of the country, we don't have to report anything under $80,000 earned in the country we're currently residing in.  I believe that's per person, but it could be per household.  Either way, my wife and I don't make that combined, so I haven't had to worry about it.  The only potential snag you could run into is a) part of your fiscal year earnings being from Canada, and/or b) if you have a revenue stream located in Canada.  Aside from those two things, I can't think of a reason you would have to pay taxes to the mother country.  As I understand it, your tax laws are much more cogent and rational than ours. :)

HealthAndWellne...
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Joined: 08/21/2012
Re: Working over 40hrs/week or on weekends - time and a half?

Nevermind. 

Perhaps Canada's tax laws are more cogent, but they nonetheless tax on worldwide income.  Sorry, chap.

http://www.expatica.com/fr/finance_business/tax/tax-basics-for-canadian-expats-25663_10481.html

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