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Mickie
Joined: 24 Feb 2007 Location: Korea
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Posted: Tue Feb 27, 2007 1:44 am Post subject: Being illegally fined!! |
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I am being illegally fined and when I told my boss it was illegal, she is now threaten to fire me. Why I am being fined. I went home for three weeks on an approved holiday to spend time with my mother who was dying of cancer. I came back to work after my three weeks, then on the Friday, I got a call from home that my mom had less that 40% chance to survive the weekend, so I went home. I was told I could go home, but had to be back the following Monday, or I would be fined everyday I was gone after that. I came back on the Mon. My boss told me I couldn't go home if she got sick again. I agreed, and she said if/when my mom passes away, I could go home for the funeral and it would be treated as a holiday. The next day my mom passed away, I went home and when I came back she is fining me 1.6 million won because I went home. She said she had to give a refund to the parents. I contact the labour relation board and told her I didn and that it was illegal and she now wants to fire me. Any advice?? Thanks |
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Alyallen

Joined: 29 Mar 2004 Location: The 4th Greatest Place on Earth = Jeonju!!!
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Posted: Tue Feb 27, 2007 1:55 am Post subject: Re: Being illegally fined!! |
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Mickie wrote: |
I am being illegally fined and when I told my boss it was illegal, she is now threaten to fire me. Why I am being fined. I went home for three weeks on an approved holiday to spend time with my mother who was dying of cancer. I came back to work after my three weeks, then on the Friday, I got a call from home that my mom had less that 40% chance to survive the weekend, so I went home. I was told I could go home, but had to be back the following Monday, or I would be fined everyday I was gone after that. I came back on the Mon. My boss told me I couldn't go home if she got sick again. I agreed, and she said if/when my mom passes away, I could go home for the funeral and it would be treated as a holiday. The next day my mom passed away, I went home and when I came back she is fining me 1.6 million won because I went home. She said she had to give a refund to the parents. I contact the labour relation board and told her I didn and that it was illegal and she now wants to fire me. Any advice?? Thanks |
WOW! That is one of the most heartless things I've ever heard a director do. My condolences to you on your loss.
I'd call the labour board again and have them call your director. I'm certainly no expert but if she does fire you, you could go to the labour board about it and get any money you would be owed. I can't see how that creature that's allegedly human could get away with something so horrible.
What an asshole....I hope you find a job somewhere else because that director of yours is truly scum. |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Tue Feb 27, 2007 2:08 am Post subject: |
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Get it in writing- if you are fired VERBALLY, don't leave- demand it in writing. |
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yingwenlaoshi

Joined: 12 Feb 2007 Location: ... location, location!
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Posted: Tue Feb 27, 2007 2:15 am Post subject: |
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How many work days were you gone when your mother died? 1.6 million Won? A fine? What the hell is that?
I could say should've, would've, could've, but that won't help. You mom just died.
Yeah, if she's going to fire you, get it in writing with the reason. Then go to the labor board.
I don't know. Sounds pretty crappy. I'd tell her to *beep* off. Stupid *beep*. |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Tue Feb 27, 2007 2:29 am Post subject: |
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I know you don't want to work there any more, (no SANE person would), but you have to be smart about this. The school will want to make you look like the bad guy. Make them give you everything in writing. Otherwise, proceed like nothing has changed. In fact, send a certified letter to the director, asking if there's any problems they have with you. FORCE them to reply IN WRITING.
This is in preparation of a future labor hearing- and this could be a battle.
Make sure you safeguard all of your personal documents, paystubs and schedules. |
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Demophobe

Joined: 17 May 2004
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Posted: Tue Feb 27, 2007 2:43 am Post subject: |
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Really sorry to hear of your mother's passing.
Quit the job. There are too many other ones around. Ask her to fire you or just tell her you are leaving. She might straighten up after hearing that, but 1.6 million for a heart? She doesn't deserve such a bargain. |
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regicide
Joined: 01 Sep 2006 Location: United States
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Posted: Tue Feb 27, 2007 3:14 am Post subject: |
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Demophobe wrote: |
Really sorry to hear of your mother's passing.
Quit the job. There are too many other ones around. Ask her to fire you or just tell her you are leaving. She might straighten up after hearing that, but 1.6 million for a heart? She doesn't deserve such a bargain. |
If she is going to take it in one lump sum this payday, you won't get anything , anyway. Walk out. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Tue Feb 27, 2007 5:49 am Post subject: Re: Being illegally fined!! |
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Mickie wrote: |
I am being illegally fined and when I told my boss it was illegal, she is now threaten to fire me. Why I am being fined. I went home for three weeks on an approved holiday to spend time with my mother who was dying of cancer. I came back to work after my three weeks, then on the Friday, I got a call from home that my mom had less that 40% chance to survive the weekend, so I went home. I was told I could go home, but had to be back the following Monday, or I would be fined everyday I was gone after that. I came back on the Mon. My boss told me I couldn't go home if she got sick again. I agreed, and she said if/when my mom passes away, I could go home for the funeral and it would be treated as a holiday. The next day my mom passed away, I went home and when I came back she is fining me 1.6 million won because I went home. She said she had to give a refund to the parents. I contact the labour relation board and told her I didn and that it was illegal and she now wants to fire me. Any advice?? Thanks |
How many employees are at your place of employment? If your employer has employed more than ten (10) employees, then a copy of the "Rules of Employment" are usually submitted to the Ministry of Labor. A deduction in salary is considered a "punitive measure" otherwise known as a punishment. Punishments should be clearly defined in the said "Rules of Employment." There is a limit on a deduction in wages.
According to Article 98 (Limitation on Punishment) "If a punitive reduction in wages for a worker is stipulated in the rules of employment, the reduction amount for each infraction shall not exceed half of one day�s average wages, and the total amount of reduction shall not exceed one-tenth of the total amount of wages at each time of wages payment."
If a reduction in wages is stipulated in the "Rules of Employment," then your employer has violated Article 98 of the Labor Standards Act. The wage reduction doesn't confrom with Korean Labor Law.
Also, your employer is required to give you an "Advance Notice of Dismissal" 30 days prior to dismissal (Article 32 of Labor Standards Act). This would happen after six (6) months. There are exceptions that are clearly defined in Articles 32 as well as 35 of the Labor Standards Act. Your employer has to have what is known as a "justifiable reason" in order to dismiss you in accordance with Article 30 of the LSA. Your employer doesn't have justifiable reason. Frequent absences without permission from your employer, violation of Korean Laws, teaching while under the influence of alcohol/"illegal drugs, entering into a relationship with a minor, violence in the workplace, and written warnings are some of the common reasons.
She said she had to give a refund to the parents. Your employer will pocket the deduction. If your employer doesn't fire you, then she could possibly use that as your severance pay.
Try and get a letter of release: http://www.efl-law.com/letter_of_release.php |
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OiGirl

Joined: 23 Jan 2003 Location: Hoke-y-gun
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Posted: Tue Feb 27, 2007 5:56 am Post subject: |
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Screw that.
Sorry to hear about your mom. My father was considerate enough to pass away at Chuseok. |
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Mickie
Joined: 24 Feb 2007 Location: Korea
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Posted: Tue Feb 27, 2007 6:01 am Post subject: |
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Thanks
To answer one question, I was gone for 10 days. My mom died Dec 1 and getting flights back to Korea was difficult.
To answer another question there are now 10 foreign teachers at my school.
What I am worried about if she does fire me, I am very short on funds to return home. I don't think after this experience I will stay in Korea for another job. She wants me to sign some type of agreement tomorrow or else she will terminate my job. |
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Woland
Joined: 10 May 2006 Location: Seoul
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Posted: Tue Feb 27, 2007 6:12 am Post subject: |
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I lost my father over my last break. You have my sympathies.
I also know my bosses would have been better if something had happened at a different time. I hope you can work this all out and move on safely. I wouldn't want to work at a place that treated people like that. |
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Mickie
Joined: 24 Feb 2007 Location: Korea
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Posted: Tue Feb 27, 2007 6:23 am Post subject: |
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To OiGirl and Woland, I just wanted to say I am sorry for your loss. It is a difficult thing to go through losing a parent.  |
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yingwenlaoshi

Joined: 12 Feb 2007 Location: ... location, location!
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Posted: Tue Feb 27, 2007 7:38 am Post subject: |
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Mickie wrote: |
Thanks
To answer one question, I was gone for 10 days. My mom died Dec 1 and getting flights back to Korea was difficult.
To answer another question there are now 10 foreign teachers at my school.
What I am worried about if she does fire me, I am very short on funds to return home. I don't think after this experience I will stay in Korea for another job. She wants me to sign some type of agreement tomorrow or else she will terminate my job. |
Ok. 10 days. Was that business days? Anyway, just accept a deduction of however many days you missed. Remember that that's your salary divided by 30 for each day. She can't have her cake and eat it too. She can then refund the parents. If she does or doesn't, who cares? Right?
At least you came back. That goes for something. The parents and your boss should have a heart and realise that your back to continue teaching. It's not like you left them hanging out to dry.
What agreement does she want you to sign?
And, yes, I'm sorry for your loss, too. |
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Missile Command Kid
Joined: 17 Jul 2006 Location: Daegu
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Posted: Tue Feb 27, 2007 8:17 am Post subject: |
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I would have quit on the spot. Well, to be more honest, I would have gone home, packed up, and got on the next flight back to North America. What a heartless person. My condolences! |
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the eye

Joined: 29 Jan 2004
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Posted: Tue Feb 27, 2007 9:14 am Post subject: |
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First of alll, don't sign ANYTHING she gives you. She knows what she is doing.
Then, get down to the labor board.
You can find the locations at www.molab.go.kr
Click the english version.
If she threatens to fire you, let her. Go to the labor board.
The good new is that IF she does fire you, you will be released from your VISA. Getting a new job will not take long. |
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