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

How to Legally Hammer your Hagwon Boss Into Submission
Goto page Previous  1, 2, 3, 4, 5, 6, 7, 8, 9  Next
 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
OculisOrbis



Joined: 17 Jul 2006

PostPosted: Tue May 03, 2011 12:07 am    Post subject: Reply with quote

How long have you been working there?

Dont quit. If you quit, they will cancel your visa and you'll have 10 0r 14 days to leave the country (cant remember).

If they fire you, they will also cancel your visa and you'll have to leave the country in the same time-frame --- UNLESS, you file a labor board claim immediately after you are fired for wrongful dismissal and unpaid wages. Once you have filed your claim, take the claim to immi and they will extend your stay to let you fight at labor board AND let you transfer to a new job because you are in a labor dispute with your former employer.

If you've been working for them for longer than 6 months, you are entitled to 30 days notice of dismissal OR 30 days pay in lieu of notice.

DO NOT SIGN ANYTHING YOUR BOSS GIVES YOU FROM THIS POINT FORWARD.
Back to top
View user's profile Send private message MSN Messenger
Young FRANKenstein



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

PostPosted: Tue May 03, 2011 2:01 am    Post subject: Reply with quote

digby wrote:
Threads like these totally terrify me. The only consolation really is the fact that there are so many teachers over there they can't all be getting screwed. Right? RIGHT?!

"Screwed" can mean many things, as well as have a variety of degree to the "screwed"ness. It's probably true that all teachers here are screwed at one point or another, from something as innocuous as being told about an event at the last minute requiring you to cancel whatever plans you had already made all the way up to the horror stories that abound.

The minor stuff anyone should be able to handle without problem. Thankfully the horror stories are fewer than they have been in the past, back when the majority of people had to fight for their vacations, severence, and/or airfare, or get their letters of release.

Felyian wrote:
If you want to learn more about your rights in Korea as an English teacher, just email help@k-labor.com

You can contact the Free Help Service here:
help@k-labor.com

Who are they and in what way are they in a position to help us? Are they lawyers, an NGO, a government agency, a group of housewives with nothing better to do, Koren, foreign, what?

A link to their homepage would of great help.
Back to top
View user's profile Send private message
CentralCali



Joined: 17 May 2007

PostPosted: Tue May 03, 2011 4:04 am    Post subject: Reply with quote

Young FRANKenstein wrote:
Who are they and in what way are they in a position to help us? Are they lawyers, an NGO, a government agency, a group of housewives with nothing better to do, Koren, foreign, what?

A link to their homepage would of great help.


Evidently, they're a Korean legal firm. From their homepage:
Quote:
KangNam Labor Law Firm

The preeminent practitioner of Korean Labor Labor Law for Multinationals & Foreign-Invested Companies, Foreign Workers, Foreign Teachers of ESL, EFL, and Foreign Employees of Korean Companies.

NEWS: KangNam Labor Law Firm has helped foreign workers establish a Labor Union of thier own in the Republic of Korea. Contact Us if you wish to know more.
Back to top
View user's profile Send private message
jack_b57



Joined: 02 Sep 2010

PostPosted: Sat May 07, 2011 8:07 pm    Post subject: Reply with quote

Over 6 months, yes. Thanks for the tip about the 30 days notice. I didn't know about that. They said if I don't quit, they'll fire me, and then I'll have to leave sooner (like within a week). But if I do quit, they'll give me a letter of release so I can transfer hagwons and stay in Korea longer.

Do I have a right to my severance and plane ticket back? Or are the hagwons iffy complaints on me and my teaching style legitimate reason for them to not pay me?

OculisOrbis wrote:
How long have you been working there?

Dont quit. If you quit, they will cancel your visa and you'll have 10 0r 14 days to leave the country (cant remember).

If they fire you, they will also cancel your visa and you'll have to leave the country in the same time-frame --- UNLESS, you file a labor board claim immediately after you are fired for wrongful dismissal and unpaid wages. Once you have filed your claim, take the claim to immi and they will extend your stay to let you fight at labor board AND let you transfer to a new job because you are in a labor dispute with your former employer.

If you've been working for them for longer than 6 months, you are entitled to 30 days notice of dismissal OR 30 days pay in lieu of notice.

DO NOT SIGN ANYTHING YOUR BOSS GIVES YOU FROM THIS POINT FORWARD.
Back to top
View user's profile Send private message
daejeonsv



Joined: 20 Apr 2011
Location: Korea

PostPosted: Thu Jul 14, 2011 9:40 pm    Post subject: Reply with quote

Hey all-

I am 4 months into a new contract, I've completed two contracts fully before I started this one. One hagwon, one public, now I'm doing after school.

My boss is a real POS. I've never gotten a single pay slip to see where my deductions are going. My contract (and boss) says I pay for 1/2 pension, 1/2 medical, taxes. After 5 weeks passed and I didn't have my insurance card I knew something was wrong. I waited 90 days to call the pension office and I haven't been registered with either. I've asked my boss about medical insurance and he tells me I must do it myself. I know this is a lie, even the insurance office confirmed this.

Past employees have had these problems, one never got his severance but didn't file because he was lucky enough to get his LOR. I found out another foreigner sued him last summer and many other Koreans have turned him in for not paying after they quit.

Since I'm doing after school I had to add the two different schools at immigration and have two stickers with the school's name on them. Does my boss still own my visa or do the schools? I know contracts were both from the schools showing pay, benefits, etc.

Secondly, do I stand a chance of getting released from the Labor Board? Will they see my side and the validity of my complaints? I have a Korean going with me next week and I'm getting everything together at the moment. Bank book copies, written and translated statements, etc. Please give me any relative advice or similar stories if you have any! Thanks in advance.
Back to top
View user's profile Send private message
grandfunk



Joined: 15 Dec 2010

PostPosted: Fri Sep 30, 2011 4:47 am    Post subject: Reply with quote

Just left (volunatarily) at month 5 and found the school a new teacher who started already (I've been training her).

Everything was hunky-dory, until the hagwon owner took the LOR that my head teacher left on my desk.

Putting aside the bullshit that the guy would actually do this, how do I go about getting my letter back or getting a new one?

It's the sample one that I adapted from the EFL-LAW website (I think).

I'm thinking of showing up everyday at the hagwon asking for it until he caves...that or calling the labor board.

WWDEUD? (What Would Dave's ESL Users Do?)
Back to top
View user's profile Send private message
Armin_Tamzarian



Joined: 28 Jun 2011

PostPosted: Sun Nov 13, 2011 9:16 am    Post subject: Reply with quote

Is that law firm still around? I tried to go on the website but there's just an error message now.
Back to top
View user's profile Send private message
Armin_Tamzarian



Joined: 28 Jun 2011

PostPosted: Sun Dec 04, 2011 8:20 pm    Post subject: Reply with quote

Oops. No worries. The website's back up.
Back to top
View user's profile Send private message
joeyjoejoe



Joined: 24 Sep 2006

PostPosted: Tue Jun 19, 2012 9:57 pm    Post subject: Reply with quote

I have a question regarding my case in Korea

My boss refused to pay my last pay cheque when I finished up my
contract (6 weeks work and severance) (October 2010)

I went to the labour board and they found in my favour, I have the documents

I went to legal aid and they helped me sue my former boss, I have the
documents (Noh Yeong Seok in the songnam branch at namhansanseong was my contact, English isn't very good, but helpful guy)

The courts found in my favour, I have the document stating the amount
of money he owes me

But my former boss has refused to pay, the only bank accounts I had of
his were (of course) empty by the time the judgement rolled around 12
months later. (around October 2011)

I'm headed back to Korea in a few weeks.
What, if any legal moves do I have left? is there an authority who can
force him to pay up? Anyone who reposes his goods and auctions them
off? or could he have claimed bankruptcy and am I just screwed?
Back to top
View user's profile Send private message
vedder2177



Joined: 17 Jan 2010

PostPosted: Mon Jul 30, 2012 5:41 am    Post subject: Reply with quote

Hi joeyjoejoe.

I'm curious about your situation now. Do you have any updates?

I'm in a similar situation to you where my boss owes me 3 months salary and rent. We went to the labor board and he now has twenty days to pay. He claims to have bank debts and he can only pay me when he sells the academy which he is currently trying to do.

I think he wont pay and I will have to go to civil court to try to get the cash.
He didnt contest the decision at the labor court and apologized profusely.
Back to top
View user's profile Send private message
col89



Joined: 08 Aug 2011
Location: Geoje

PostPosted: Tue Aug 21, 2012 6:35 pm    Post subject: Reply with quote

Hi, I need some hello and really soon because I finish my contract in eight working days (next Friday).

I have consulted the attorney that has been recommended on this page a few weeks ago and he was very helpful, but I have called again today since matters have not improved and the guy who answered was not so helpful at all, just telling me that I should "continue to work hard" and talk to my boss. I have been doing the latter for 11 months now, and I have not received one pay slip for one month, and I am very confused about the issue of tax/pension because my contract states that I am exempt, but I have been charged for both since the very beginning (even if it is a case that I *should* be paying for them, I have been told by the Local Tax Office that I am ENTITLED to get a return on this). Also, remembering that I finish my contract so soon, they have not yet booked my flight to return home, and it is a major concern for me because there has been family issues for the last while. It is stated in my contract, that both employer and employee should agree to discontinue the teacher's residence in Korea within THREE days of his/her completion of contract, and yet my boss has been avoiding the situation and making my last few weeks a living hell by pushing it out. Furthermore, there is concerns about my bonus salary because, apparently, NH Bank (the local bank they issued me with) have problems with sending money directly to some European countries, with mine included (Ireland). So, I am afraid that they will try and squirm their way out of this one, also.

Please, please, help. I am in dire straits right now, and I don't know what to do. I know for a fact that they will be violating Article 36 and 39 of the Korean Standard Labour Law, as far as it goes with the money and pay statement issues, but with the airfare issue, I don't know what to do next. If someone could advise me, it would be greatly appreciated.

These are just some of the issues that have been broken in my contract, as there has been minor things like what was supposed to be in my apartment, etc. There has also been issues with bullying and isolation, but, of course, that doesn't affect my contract. I just wish to get what is, by right, mine.

Thank you,

A teacher in Geoje-do.
Back to top
View user's profile Send private message MSN Messenger
YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Tue Aug 21, 2012 7:03 pm    Post subject: Reply with quote

You can't do anything until they actually do something bad/wrong. All they are doing now is worrying you. As the wise old attorney stated, work hard and don't give them a reason to fire you or hold pay.

As for money issues, you might want to close out your NH account IMMEDIATELY and see if KEB (Korea Exchange Bank) is more Ireland friendly.

This is not to be confused with KB, which might also work but KEB was the best when I was there. I am not sure if KB has improved. NH gave me the runaround and I had to leave them.
Back to top
View user's profile Send private message
col89



Joined: 08 Aug 2011
Location: Geoje

PostPosted: Tue Aug 21, 2012 7:18 pm    Post subject: Reply with quote

What about pay slips? Every teacher I know has received a pay slip every month since the first month of working. I have received none, whatsoever.

That's an immediate violation of Korean Law.
Back to top
View user's profile Send private message MSN Messenger
YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Tue Aug 21, 2012 7:26 pm    Post subject: Reply with quote

I have only received payslips from my public school job, and it didn't do me any good. It just verified what I already knew.

What exactly is your problem? You seem more worried about procedure than any actual damages. Have you been damaged in any way, if so how?
Back to top
View user's profile Send private message
col89



Joined: 08 Aug 2011
Location: Geoje

PostPosted: Tue Aug 21, 2012 7:51 pm    Post subject: Reply with quote

YTMND wrote:
I have only received payslips from my public school job, and it didn't do me any good. It just verified what I already knew.

What exactly is your problem? You seem more worried about procedure than any actual damages. Have you been damaged in any way, if so how?


I direct you to here.
Back to top
View user's profile Send private message MSN Messenger
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
Goto page Previous  1, 2, 3, 4, 5, 6, 7, 8, 9  Next
Page 8 of 9

 
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 © 2013 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