Korean Job Discussion Forums

markeboy · Joined: 08 Oct 2005

Hi

I have been informed by my head teacher that my boss is planning on firing me tomorrow, one month before my contract ends.

His reasons are that I apparently bad mouthed his to a school director (which is totally untrue) and I have hurt his reputation.

Not only is he threatening to fire me, he has also mentioned, not paying my return airfare, severence and possibly witholding my 1.2 million deposit money.

Any advice would be greatly appreciated, this is a pretty urgent request as I have a meeting tomorrow morning and I want to know where I stand with this.

Thanks

polonius · Joined: 05 Jun 2004

Get in touch with the labor board. http://english.molab.go.kr/

I don't think they will be able to do anything until you are actually fired. But 11 month firings are generally fought by the labor board.

markeboy · Joined: 08 Oct 2005

Thanks

The issue I have is that the company I work for is not entirely legal I think, as we work in different schools within the same franchaise.

I'm willing to go the the labor board as, if my boss goes through with everything he's threatening I stand to lose around 3.5 million won excluding the cost of the flight. However, it may screw over my co-workers.

alabamaman · Joined: 25 Apr 2006

1) You have to be given an Advance Notice of Dismissal as specified in Article 32 of the Labor Standards Act.

2) Your employer has to have justifiable reason(s) for dismissing you (refer to Article 30 of the LSA). Some of the justifiable reason(s) are:

Frequent absences without your director's permission
Written warnings
Acts of gross negligence
Breach of the Korean Laws
Teaching while under the influence of drugs or an "illegal" substance
Sexual harassment
Physical violance
Frequent tardiness despite warnings from your employer

3) There are exceptions as noted to you being provided with an Advance Notice of Dismissal. They're clearly defined in Article 32 and 35 of the Labor Standards Act.

TAKE NOTES OF ALL QUESTIONS ASKED AND ANSWERS GIVEN DURING THIS MEETING.

yingwenlaoshi · Joined: 12 Feb 2007 Location: ... location, location!

Your boss is living in dreamland. If he doesn't approach you about it first thing tomorrow, come right out and ask him. You don't want to teach your classes all day and then get the news as you're going out the door.

If he's firing you, get it in writing with that day's date and his signature. Tell him that that's fine, but you want your month's notice pay, your severence, your deposit, your flight home, and at least a week to get your things together. Get that in writing, too. Then, whatever he does or says about that, go directly to the labor board anyway. Take a taxi.

BE CAREFUL! HE'S GOING TO SAY THAT YOU QUIT!

He can't fire you out of the blue like that and expect to keep two or three months' worth of pay plus your plane ticket. And your deposit. By all means, don't negotiate with him.

plokiju · Joined: 15 Mar 2005

Your boss owes you 30 days notice or 30 days pay. With the notice, the school is legally required to pay your severance since it completes the year of work. 30 days pay would be the same as severance since you didn't have to work, you might be able to get both I'm not sure.

The labour board won't care about any deductions he is trying to make. They didn't buy my boss' arguments. I was only into the 5th month. The labour board will be able to back you up but ultimately they can't force him to pay you. They'll be able to issue you a certificate of unpaid wages but you'd have to go to court to have it enforce if your boss is dick, which he likely is, and won't pay. Hopefully you won't get to know Korean bureaucracy, good luck.

Also, the labour board doesn't care about why you were fired, according to them you are entitled to any money that you worked to earn. You don't have to worry about his reasons, you're entitled to notice or pay either way.

markeboy · Joined: 08 Oct 2005

Thanks for all the advice really helped. I forgot to mention before that I tried discussing the flight home with him but he argued that he didnt have to pay.

He is saying that because I was employed when I was in Korea already and that he paid for my visa trip to Japan he doesn't have to pay for my flight home. Was wondering where I stood with this so I had all the facts before I have the meeting tomorrow.

Thanks for all the advice guys this has really been stressing me out, and not how Id hope to end my contract lol.

plokiju · Joined: 15 Mar 2005

I think the standard for being hired in Korea is that they will pay for the visa run and then fly you back to your own country at the end of the contract or provide you with money equal to the fare.

Depends what your contract says. If roundtrip airfare is mentioned which it likely is he's just trying to use an excuse. A visa trip is less than a one-way ticket overseas. Don't let him get away with it.

Cheonmunka · Joined: 04 Jun 2004

The employer will have to bear the cost of a visa trip. That's a work related expense. You should have either been given the visa before coming to Korea or gotten one when you are here. Either way, it's his expense.

You are just getting what he owes you. Don't worry about your co-workers!

wylies99 · Joined: 13 May 2006 Location: I'm one cool cat!

OP- Don't believe what you are told, even by the big boss. Keep reporting to work until they give you something in writing that you've been fired.

Gather up ALL of your documents (contract, pay stubs, passport, diploma) and get them to a SAFE place- possibly with a friend who does NOT work with you.

Have you saved up some money? You will need some to live on if they try to starve you out. It happens.

Co-workers are USELESS. They will not help you, and some will even try to help the big boss for a few crumbs off his table. You'd be surprised how spineless some people can be. Don't trust ANY of them.

Please, once you are ready to file at labor, POST THE NAME OF THE SCHOOL.

poet13 · Posted: Sun Feb 25, 2007 3:51 pm Post subject:

OP, I don't think I would confront the boss about it. Every day longer that you are there strengthens your case that it's a case of firing to cheat you of your dosh. I would just report for work as usual. If you get fired, don't throw a fit. Just ask for it in writing. Ask that the reason for firing be in writing to. Like the other poster said, they have to give you thirty days notice (except for gross violations) and that carries you through to the end of your contract. I would bet won to donuts that once the boss figures out that he has to pay you anyways, you will be asked to continue working until the end, in which case I would break into hysterical giggles.

It smells to me like the two directors are in cahoots.

ilovebdt · Joined: 03 Jun 2005 Location: Nr Seoul

The number for the Labour Board is 1350 press 7 for English Smile

ilovebdt

markeboy · Joined: 08 Oct 2005

Thanks for all the help and advice feel much better about the situation. Well of to the meeting so wish my luck and I'll post back with what happens.

Thanks

ilovebdt · Joined: 03 Jun 2005 Location: Nr Seoul

Areut · Joined: 18 Sep 2006 Location: Behind You!!!!