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Worried about last pay & airfare + update ... HELP plz
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TellyRules986



Joined: 09 Nov 2009
Location: Korea

PostPosted: Tue Feb 07, 2012 8:00 am    Post subject: Worried about last pay & airfare + update ... HELP plz Reply with quote

I'm in my last month of teaching at a kindy and I had a conversation about going back to my home country. The director asked me to re-sign for another year about a month ago and I declined. A few days ago I brought up my concerns with the boss.

They've been paying me late. My last payment was only partial pay for December. They've been paying me late (usually by a couple of weeks) all year, but now they've been paying later and later. So I'm worried about not getting everything on time.

I wrote a letter stating my concerns (I couldn't find the boss to talk) and he confronts me about my return airfare. He was asking me about the last school I worked for and whether they paid my return airfare. I said that I had been reimbursed and that it's irrelevant in this situation. Then, he kept talking about how the recruiter may actually be responsible for my plane ticket (???) and I stated that airfare is actually the school's responsibility and that it's owed to me by law. Then he talked about having trouble finding a travel agency, and I responded by finding American ones with cheap flights. I sent the info by e-mail, but he seems to be sitting on it for some reason.

He wanted me to stay longer by another month, but I already have made plans and I need that time at home before I leave for my next destination. The boss knows this, as I have been talking to him about my plans for at least 4 or 5 months.

I'm the only NET at my school. The last girl that left a few months ago I'm guessing got reimbursed because she was living with a boyfriend and left with him several months after her contract. She said she was paid everything on the last day, but I remember that the girl I replaced had some issue with pay. It was never clear because I never actually met her.

I'm worried about the school being sketchy with the airfare, or not giving me all of my pay by the time I leave. Any advice on what I should do? What if they buy a plane ticket and say, don't pay me everything before the flight leaves?


Last edited by TellyRules986 on Fri Feb 24, 2012 1:50 am; edited 2 times in total
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Tue Feb 07, 2012 8:16 am    Post subject: Reply with quote

Whether or not your school has to pay your return airfare is a contract condition - not a matter of some labor law rule. What does your contract say?

Your boss is trying to play you. Your previous school and what they paid you is not likely relevant to your current contract and its airfare requirement, although it could have been written that way. It is possible that someone could have created a contract with a recruiter to provide return airfare for a teacher, but I've never heard of anyone doing that. These are smokescreens - your boss is trying to squirm out of the airfare payment. Don't be fooled.

Again, check your contract. What does it say about airfare?
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TellyRules986



Joined: 09 Nov 2009
Location: Korea

PostPosted: Tue Feb 07, 2012 8:47 am    Post subject: Reply with quote

My return airfare is covered in my contract as long as I finish it, whoops should have stated that before. But yes, the conversation did feel sketchy so I'm not sure if I should be preparing for the worst or what I should be doing, aside from nagging of course.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Tue Feb 07, 2012 9:05 am    Post subject: Reply with quote

TellyRules986 wrote:
My return airfare is covered in my contract as long as I finish it, ...



What is the wording? Are there any qualifiers that could be used to limit the obligation to pay - any qualifying language that could be used to eliminate the reqirement to pay if you stay in Korea instead of returning or if you have already been paid for a return trip that you never used by another school?
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TellyRules986



Joined: 09 Nov 2009
Location: Korea

PostPosted: Tue Feb 07, 2012 9:19 am    Post subject: Reply with quote

No, nothing like that. Here's the exact wording if you're interested:

a. The Employer shall pay for or reimburse the airfare to Korea for the teacher. When the teacher completes his /her contractual obligations, the institute will provide the teacher with a one-way ticket - In the event that the teacher willfully leaves the school before his/her contract is completed, the school will not be responsible for return airfare. If the teacher willfully leaves the school prior to the sixth (6) months of his/her contract, the teacher must pay back the amount for the initial airfare. If the teacher does not pay back the amount of the initial airfare. It will be taken from the teacher's last paycheck.
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jrwhite82



Joined: 22 May 2010

PostPosted: Tue Feb 07, 2012 10:56 pm    Post subject: Reply with quote

You should get the airfare according to your contract.

Getting him to pay is another matter. It sounds like your school is having a hard time. It can be like squeezing water from a stone. It sounds like your boss is just broke and can't pay you. It's not that he doesn't want to pay you, it's that he can't. There is no money.

You have to keep badgering him about the money. Every day ask him when are you getting paid for what he owes you and about your ticket. If he doesn't pay you what you are owed and keeps BSing you after a couple of days, then don't teach. Just sit in the break room and tell him you're not teaching until you are paid for what he owes you and explain you are very concerned about him not buying the ticket. Corner him in his office. While he is there at his desk, just walk in and say, "Oh great! You are here! Let's buy the ticket." It is getting to be time where you should stop asking and start getting pushy. He has a credit card(s), hopefully one of them isn't maxed out.
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YTMND



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

PostPosted: Wed Feb 08, 2012 2:35 am    Post subject: Reply with quote

Quote:
Then he talked about having trouble finding a travel agency


Razz Razz Razz

It's also hard to find soju in Korea. Is he going to pay severance? How about pension money? Have you checked?
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TellyRules986



Joined: 09 Nov 2009
Location: Korea

PostPosted: Wed Feb 08, 2012 5:06 am    Post subject: Reply with quote

I'll definitely keep bothering them every day. Starting with the rest of my pay for December and January and for my plane ticket.

I don't want to stop working and give the school an excuse to fire me or claim that I "quit"in the last month. Then they'd really have an excuse to not pay. I'd rather hang around in Korea and badger them for my money than give them ammo.

As for pension, well, if someone responded to my post in the pension sticky... Wink
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iggyb



Joined: 29 Oct 2003

PostPosted: Wed Feb 08, 2012 5:47 am    Post subject: Reply with quote

pension is handled by the government. The big question is whether or not your boss has been giving them the pension money all this time.

If they have, you'll get it. If not...

When you apply for the pension refund, they'll let you know what the deal is.

I don't know how it would work if you are finishing the contract and they find out your portion and the boss' haven't been coming in. If they caught it mid-contract, they'd demand the account be caught up. But, since you are applying for your lump sum refund....I don't know...
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bbunce



Joined: 28 Sep 2011

PostPosted: Wed Feb 08, 2012 6:23 am    Post subject: Reply with quote

You can check your pension balance by calling them. Just google NPS, national pension service. I did that today and found out my balance is zero. Evil or Very Mad Have you ever gone to a Korean doctor and paid more than 10,000 won? If yes, then he hasn't been paying. He is also required to pay you severance (1 month's salary-Korean law) So he will owe you at least 3 mil (1 month's pay + airfare) plus last paycheck makes it around 5-5.5 mil. If I was him and a Korean, I'd fire you tomorrow and think about all the money I'm saving. Laughing

I had a dispute with my last employer over airfare. The recruiter I used said if I pushed for it, the recruiter himself would have to pay it. I said ok, but still haven't seen a dime. (shady deals which ends up costing foreigners pay) So the recruiter thing is possible.

Just keep pushing him and stop teaching but show up in the break area. Make him feel as uncomfortable as he has made you feel.
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bbunce



Joined: 28 Sep 2011

PostPosted: Wed Feb 08, 2012 6:32 am    Post subject: Reply with quote

Go in there with these list of demands:

1. Air fare or cash per contract
2. All back pay to be paid next payday
3. Final paycheck on the 1st of the month fully paid
4. Severance pay paid on last day of work.
5. PAYSTUBS- Demand a detailed listing of all deductions he has been claiming in writing.
6. Visit the tax office where you live and find out how much you'll be getting back, hopefully more than zero but maybe not. They are NTA National tax service but you go to go there in person. The following is a link for you:sorry if it is a broken link or something:

http://www.nts.go.kr/eng/help/help_41_10_68.asp?top_code=H001&sub_code=HS04&ssub_code=HSD1
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TellyRules986



Joined: 09 Nov 2009
Location: Korea

PostPosted: Thu Feb 23, 2012 8:24 pm    Post subject: Reply with quote

Bad News ! Sad

As an update, the boss finally paid for an plane ticket with my plane leaving next week. Today is my last day of teaching, and I will go to the school and teach (not give them an excuse to say that I didn't).

I e-mailed my former coworker the beginning of Feb, and she just got back to me today:

Quote:
I got my last pay and things but only because I told them I am going back to the school (which I'm not), otherwise I dont think they would have given it back to me. They tried to not pay -- (the teacher before you) but she went to the Labour Board, it was so stressful for her. Luckily I didnt I told them that they dont have to pay for my plane ticket, instead they gave me a higher monthly pay. If I were you, I would start asking them from now because they will try to get out of paying you.


My school owes me roughly 6 million won (pay for January, February + Severance). I guessing their plan is to send me away without paying me. No way is that happening.

Questions:

1. Looks like I will need to go to the labor board... I'm wondering if they will force the school to either change the date or issue another plane ticket.

2. My school is on "vacation"for the next week, but the Korean teachers will be there to prep for the next school year. When I go there on Monday, what should I say or do?

3. At what point should I go to the labor board? Now, or later?

4. I'm not leaving until I get my money, so I'll have to apply for the FBI check again, yadda, yadda and try to find another job. Any ideas for housing until then if I'm not able to stay with a friend?

I haven't made any formal demands or threats yet, just kept nagging them about the pay and the boss assures me that he'll pay me.

In order words ... HELP!!
Sad Sad
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TellyRules986



Joined: 09 Nov 2009
Location: Korea

PostPosted: Thu Feb 23, 2012 8:28 pm    Post subject: Reply with quote

Bad News ! Sad

As an update, the boss finally paid for an plane ticket with my plane leaving next week. Today is my last day of teaching, and I will go to the school and teach (not give them an excuse to say that I didn't).

I e-mailed my former coworker the beginning of Feb, and she just got back to me today:

Quote:
I got my last pay and things but only because I told them I am going back to the school (which I'm not), otherwise I dont think they would have given it back to me. They tried to not pay -- (the teacher before you) but she went to the Labour Board, it was so stressful for her. Luckily I didnt I told them that they dont have to pay for my plane ticket, instead they gave me a higher monthly pay. If I were you, I would start asking them from now because they will try to get out of paying you.


My school owes me roughly 6 million won (pay for January, February + Severance). I guessing their plan is to send me away without paying me. No way is that happening.

Questions:

1. Looks like I will need to go to the labor board... I'm wondering if they will force the school to either change the date or issue another plane ticket.

2. My school is on "vacation"for the next week, but the Korean teachers will be there to prep for the next school year. When I go there on Monday, what should I say or do?

3. At what point should I go to the labor board? Now, or later?

4. I'm not leaving until I get my money, so I'll have to apply for the FBI check again, yadda, yadda and try to find another job. Any ideas for housing until then if I'm not able to stay with a friend?

I haven't made any formal demands or threats yet, just kept nagging them about the pay and the boss assures me that he'll pay me.

In order words ... HELP!!
Sad Sad
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plchron



Joined: 26 Feb 2011
Location: Korea

PostPosted: Thu Feb 23, 2012 8:48 pm    Post subject: Reply with quote

File a complaint with the labor board. I think you can actually represent the last employee also with her consent. They should be able to help you get a D10 visa. That way you don't need any new CBC. See how the labor route goes. Good luck. If it is going to take a while and you want to work again then you can switch your D10 to E2 once you find a new job.
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TellyRules986



Joined: 09 Nov 2009
Location: Korea

PostPosted: Fri Feb 24, 2012 1:39 am    Post subject: Reply with quote

Quote:
File a complaint with the labor board. I think you can actually represent the last employee also with her consent. They should be able to help you get a D10 visa. That way you don't need any new CBC. See how the labor route goes. Good luck. If it is going to take a while and you want to work again then you can switch your D10 to E2 once you find a new job.


Looks like I'll have to call them on Monday.

I asked my boss about my pay again, and he said that he'll pay me the rest of my pay -- the morning the flight leaves??

My contract runs through the end on February. They are asking me not to come in Monday-Wednesday because the school is on vacation, though the Korean teachers will be there.

Anyway, he said that they are going to deduct those three days out of my pay because I'm only supposed to get ten days paid vacation over the course of the year. I said if that is a problem then I can come in Mon-Wed. They said no. Can they do that or is that bs?
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