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matthagwon
Joined: 28 Sep 2013
Location: Japan lite
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 Posted: Mon Jul 28, 2014 8:57 pm Post subject: 11th month firing |
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| How common is it to get fired in the 11th month? My coworker is in his eleventh month and the hagwon director seems to have gone 180 and is trying to find a way to fire him soon. Is this common practice in korea? |
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Smithington
Joined: 14 Dec 2011
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| Posted: Mon Jul 28, 2014 9:57 pm Post subject: |
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| Nah, never happens here. |
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Who's Your Daddy?
Joined: 30 May 2010
Location: Victoria, Canada.
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| Posted: Tue Jul 29, 2014 3:48 am Post subject: |
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| I think the labor board is on to the trick and won't let it fly. If he's fired he should give them a visit. |
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DaeguNL
Joined: 08 Sep 2009
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| Posted: Tue Jul 29, 2014 4:33 am Post subject: |
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| If he gets fired, he will likely end up getting his severance pay, If he makes a labor board claim. Probably gonna lose the flight home though |
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trueblue
Joined: 15 Jun 2014
Location: In between the lines
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| Posted: Wed Jul 30, 2014 5:22 am Post subject: |
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| in the eyes of the labor board, is a written notice required? |
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radish kimchi
Joined: 20 Mar 2014
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| Posted: Wed Jul 30, 2014 5:26 pm Post subject: |
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| Quote: |
| Probably gonna lose the flight home though |
My guess is he/she/it wants to stay and work in Korea, yo wee yo!!! |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu Jul 31, 2014 3:38 am Post subject: |
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| trueblue wrote: |
| in the eyes of the labor board, is a written notice required? |
The 11th month firing is not an official thing but it's been done so much in the past that it would now be hard to come up with any excuse that the the LB would actually believe was true so they tend to consider the firing unjustified.
If you've worked for at least 6 months then your boss needs to give you 30 days notice. That's an official obligation. If your boss gives you 30 days notice verbally and you deny it or claim that it wasn't given until a few weeks after, then it's hard for your boss to prove when he fired you.
On a similar topic, your boss has to give you a justified reason for firing you. If the boss is smart then he'll come up with a good excuse the first time. If he comes up with something lame and the LB considers it insufficient then the boss would have a much harder time trying again a few weeks later with a new excuse because the LB will likely see through it. Similarly, an employer cannot fire you for reporting the employer to the LB. If you report them (e.g. for threatening to fire you or for not paying your full salary) and then get fired a few weeks later, the LB will assume that you were fired as payback - which in their books is a big no-no. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Sat Aug 02, 2014 9:20 am Post subject: Re: 11th month firing |
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| matthagwon wrote: |
| How common is it to get fired in the 11th month? My coworker is in his eleventh month and the hagwon director seems to have gone 180 and is trying to find a way to fire him soon. Is this common practice in korea? |
To be clear, if you are in your 11th month, that means that you have only finished 10 months and you can still be legally fired with 30 days notice and a legitimate reason.
If you are in your 12th month, then you cannot be given 30 days notice as required, so termination, while possible, will not relieve your employer from the end of contract, one year obligations under most conditions (exemptions would include termination for a serious criminal offense). |
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Contract
Joined: 06 May 2011
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| Posted: Mon Aug 04, 2014 12:42 pm Post subject: about your contract |
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HI,
If I were you, I would get some advice from a labor attorney at the Seoul Global Center in Seoul. You just need to call the center and go see a labor consultant for some advice.
Depending on your situation, you might be able to get compensated somehow since you're almost finished your contract.
With a labor attorney's help, your work can be easier.
Good luck,
Contract |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Aug 04, 2014 5:43 pm Post subject: Re: 11th month firing |
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| ontheway wrote: |
| matthagwon wrote: |
| How common is it to get fired in the 11th month? My coworker is in his eleventh month and the hagwon director seems to have gone 180 and is trying to find a way to fire him soon. Is this common practice in korea? |
To be clear, if you are in your 11th month, that means that you have only finished 10 months and you can still be legally fired with 30 days notice and a legitimate reason.
If you are in your 12th month, then you cannot be given 30 days notice as required, so termination, while possible, will not relieve your employer from the end of contract, one year obligations under most conditions (exemptions would include termination for a serious criminal offense). |
Fortunately, the boys at the LB don't see it that way. To fire an employee, you need a justified reason. The LB guys have generally caught on that a lot of employers would like to fire their employees just before they become eligible for severance pay, so that nonsense doesn't fly. Unless an employer can very clearly prove otherwise, the LB assumes that the employee is being fired to avoid paying severance pay.
You rarely need a lawyer in this situation. IF you get fired in the 11th month then just go to the LB and tell them about it. In most cases, a call from the LB will straighten out the boss and you'll work until the end of the contract and get paid in full. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri Aug 08, 2014 8:09 am Post subject: Re: 11th month firing |
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| Troglodyte wrote: |
| ontheway wrote: |
| matthagwon wrote: |
| How common is it to get fired in the 11th month? My coworker is in his eleventh month and the hagwon director seems to have gone 180 and is trying to find a way to fire him soon. Is this common practice in korea? |
To be clear, if you are in your 11th month, that means that you have only finished 10 months and you can still be legally fired with 30 days notice and a legitimate reason.
If you are in your 12th month, then you cannot be given 30 days notice as required, so termination, while possible, will not relieve your employer from the end of contract, one year obligations under most conditions (exemptions would include termination for a serious criminal offense). |
Fortunately, the boys at the LB don't see it that way. To fire an employee, you need a justified reason. |
le·git·i·mate
adjective
1. according to law; lawful
2. in accordance with established rules, principles, or standards.
jus·ti·fied, jus·ti·fy·ing.
5. Law.
a. to show a satisfactory reason or excuse for something done.
Not sure I see any significant difference here. |
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Stain
Joined: 08 Jan 2014
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| Posted: Fri Aug 08, 2014 8:37 am Post subject: Re: 11th month firing |
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| ontheway wrote: |
| Troglodyte wrote: |
| ontheway wrote: |
| matthagwon wrote: |
| How common is it to get fired in the 11th month? My coworker is in his eleventh month and the hagwon director seems to have gone 180 and is trying to find a way to fire him soon. Is this common practice in korea? |
To be clear, if you are in your 11th month, that means that you have only finished 10 months and you can still be legally fired with 30 days notice and a legitimate reason.
If you are in your 12th month, then you cannot be given 30 days notice as required, so termination, while possible, will not relieve your employer from the end of contract, one year obligations under most conditions (exemptions would include termination for a serious criminal offense). |
Fortunately, the boys at the LB don't see it that way. To fire an employee, you need a justified reason. |
le·git·i·mate
adjective
1. according to law; lawful
2. in accordance with established rules, principles, or standards.
jus·ti·fied, jus·ti·fy·ing.
5. Law.
a. to show a satisfactory reason or excuse for something done.
Not sure I see any significant difference here. |
While I agree with you, something tells me Koreans don't use Webster's. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri Aug 08, 2014 9:30 am Post subject: Re: 11th month firing |
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| Stain wrote: |
| ontheway wrote: |
Not sure I see any significant difference here. |
While I agree with you, something tells me Koreans don't use Webster's. |
I don't think Trog is Korean. |
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pattinsons
Joined: 28 Jun 2009
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| Posted: Tue Aug 12, 2014 4:34 pm Post subject: |
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| 11th month firing is something that the labor board is starting to crack down on. I have heard numerous accounts that the labor board has decided in favor of the employee. A one of my coworkers was fired in their 11th month, and got everything he was entitled to. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Wed Aug 13, 2014 6:17 am Post subject: |
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| ontheway wrote: |
| Troglodyte wrote: |
| ontheway wrote: |
| matthagwon wrote: |
| How common is it to get fired in the 11th month? My coworker is in his eleventh month and the hagwon director seems to have gone 180 and is trying to find a way to fire him soon. Is this common practice in korea? |
To be clear, if you are in your 11th month, that means that you have only finished 10 months and you can still be legally fired with 30 days notice and a legitimate reason.
If you are in your 12th month, then you cannot be given 30 days notice as required, so termination, while possible, will not relieve your employer from the end of contract, one year obligations under most conditions (exemptions would include termination for a serious criminal offense). |
Fortunately, the boys at the LB don't see it that way. To fire an employee, you need a justified reason. |
le·git·i·mate
adjective
1. according to law; lawful
2. in accordance with established rules, principles, or standards.
jus·ti·fied, jus·ti·fy·ing.
5. Law.
a. to show a satisfactory reason or excuse for something done.
Not sure I see any significant difference here. |
If you're in the 11th month, then the LB will (with very few exceptions - criminal activity being an example) consider any firing to be unjustified. They have long since caught on to this trick and know that the boss is firing your for one reason alone - to save money at the last possible minute.
I know that you like to pretend to be a lawyer and claim to know how the courts will act in all sorts of situations but if you've never been to court and have no experience with these things then stop telling people nonsense. |
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