Korean Job Discussion Forums

[bbud656]

Can someone explain the process of filing a complaint and what you should know before doing so?

[YTMND]

Well, you need to know what the complaint is about. You aren't giving enough info. Is this about salary, contract term like vacation or pension, or was something specifically verbally promised which would not be mentioned in the contract?

Help us help you.

[Juregen]

it works exactly like at a police station when you want to file a criminal case.

[bbud656]

I work in a Kindergarten program owned and operated by a university. My coworkers and I want to collect severance when our contract is over, but the Uni isn't planning on giving it out. Its a private school, so the professors are in a private pension system and dont get any severance. However, the kindergarten people have been paying into the public pension system for a few years and we believe we should get severance like we would be entitled to at a hagwon or public school. The only reason there is this gray area is because they want to treat us like professors when it suits them it seems. Our contracts dont say anything about severance, but labor law should be be what matters (correct me if Im wrong). Just want to know what we should do to get the ball rolling. We actually had a big talk with the administration people a year ago when our first contract finished about getting severance and there was a bit of threatening and awkwardness (which led us to believe we were on the right track) , so we decided to drop it until we were all leaving for our sake during our last year here.

[schwa]

Are you sure you are reading your administration's position right?

Once you had signed a new contract, they were legally forbidden to pay out your severance (not before you finish working for them completely). This is the law since two or three years ago.

Just pointing out that there may have been some miscommunication when you asked for it before, rather than shifty intentions on their part.

I'd check that out with them before going to the labor board.

[bbud656]

A year ago we just inquired as to why it wasnt in the contract and things got pretty heated. We were very polite about it and made sure to convey we were just curious about the contract and the law. Basically, they held our contract over our heads and made us pinky swear never to bring it up again. I know if we ask again we will just get ambiguous responses coupled with weeks of people 'looking into it' until its time for us to leave the country. I figure if we bring it to the labor board first, we have a better chance at seeing our money. I suppose we will burn bridges if we are right or wrong in the situation, so I could possibly send an email asking if they will pay severance so I can show it as proof they are denying it or ignorant of the law. Any thoughts?

[bbud656]

Strike first or give them a second chance?

[CrikeyKorea]

Regardless of whether they bothered to write it into the contract or not, you are entitled to severance upon completion of work- not every year, but payable when you leave, personally if I were happy there, I wouldn't burn any bridges but instead wait til it was time for me to leave then bring it up and if need be file a complaint with the labor board knowing that I am entitled to it anyway,

[bbud656]

I dont know enough about the labor board to know how long it would take to see any money if they ruled in our favor (or how long that ruling even takes). If I am out of the country, it seems less likely I will get anything. Thats why I don't just want to wait for my contract to end and see if my school decides to pay me. If I ask my school first I have a feeling it will get lost in some bureaucratic mess if they are trying to be malicious or not. The people running the show aren't the brightest bulbs, but there is a lot of money at stake. Multiple people with multiple years of work, so I'm guessing if they can find a way out of paying that they would do their best to do that. I'll probably go that route. My original question was how the process even works. I bring my evidence (contract, pay stubs, pension balance, emails) to some office, explain my situation, and hope for the best? Ive heard the term labor board tossed around, but I've yet to hear any first hand accounts of how it functions and the best way to approach it.

[CentralCali]

Generally, if you file a complaint at the labor board while you're still on the job, you can pretty well guarantee that your job will disappear. Couple to that the fact that for most foreigners the visa is tied to the job and that means you have to leave the country unless you have something already lined up AND you don't have to worry about getting the first employer to give you a release letter.

The procedure is pretty simple. The main problem is that it's time-consuming. I've a Korean friend who just went through the board and her case was initially decided in her favor. The old boss requested a reconsideration of the findings, though, so it's back to step two. So, here are the steps:

1. File a complaint at the Labor Board serving the area where your school is located. The complaint must be filed in Korean. Attach to the complaint any documentation you have. Anything not written in Korean must be translated into Korean.
   
2. Be prepared to appear at a number of fact-finding hearings at the board. These hearings are to determine if the boss has any documentation that trumps whatever you presented.
   
3. If the board finds in your favor, then you attempt to negotiate with the boss for the date to be paid what you're owed.
   
4. If the boss refuses to pay, then you will have to sue in an actual court.

You don't have to be in Korea to do this, other than the first step. You can designate someone to appear on your behalf at all labor board hearings. The board has a nifty form (in Korean, of course) for this purpose. You can also execute that form at a Korean consulate overseas.

The time line you're looking at can run to a couple of months on top of the month you're supposed to give the boss time to do the right thing.

Yes, the whole process is weighted in favor of the employer. And, unless you're incredibly lucky, there is nobody at the board to speak English. You'll have to bring along your own translator or, if you're fluent--and I mean incredibly fluent--you can do it yourself. My coworkers and I were incredibly lucky: there was a fluent English-speaker doing his national service who was posted to the board office we had to use.

[bbud656]

Thanks, that is good information. Can you be fired for filing a complaint? I should have no problem getting a Korean speaker on my behalf, even for when I'm not here. Seeing as how it takes forever to get a verdict anyway, there doesnt seem to be as much of a downside to asking and waiting for my contract to end to see if they cave and pay out. I'm hoping they realize they made a mistake in our contract and would rather pay up then go through an embarrassing, time consuming legal thing.

[CentralCali]

[bbud656]

It's nice to know my options. I'll let them know I expect it more clearly and frequently so there isn't any confusion when I leave. Hopefully, things can be resolved without a complicated legal process. Its kind of a lot of money, so it's worth fighting for if I'm reading the labor laws right. Unless someone can tell me a situation where I wouldn't be entitled to severance pay in my situation

[Los Angeloser]

If I'm not mistaken the labor ministry ain't gonna help you much to receive unpaid severance. However, they could help you or the civil court figure out if you deserve it or not. If you were fired illegally before 1 year they could help to determine that. The labor ministry only helps you get money owed for actual work and for some reason they seemed interested in possible broken items at work and/or apartment/home which they might deduct from salary? I'm not sure about that but I remember being interrogated about the washing machine my boss claimed I broke. The labor ministry only has baby teeth(small fine) if/when your hagwon chooses not to cooperate, it's the labor ministry ruling that can help you in civil court. Good luck with that!

[CentralCali]

Your approach is going to guarantee a complicated legal process.