Korean Job Discussion Forums

[Sulla]

I am concerned that I might be fired from my hagwon because I was threatened with termination last week. But I am not sure exactly why- except perhaps that they do not want to pay the recruiters fee (the recruiter, out of the blue, called me this morning asking me if I wanted a new job). I have been working at my hagwon for three months and there doesn't seem to be any financial difficulties at my school (I think there might be at the other branches). All of this would be fine except for the timing.

I am also wondering if it is necessary to obtain a criminal background check if I chose to work at a public school in/ or around Seoul. Although I have nothing dubious in my background, if I were to get fired immediately, it might slow things down. Also, wouldn't I be entitled to a letter of release if I was terminated?

[garykasparov]

Labor Standards Act

http://english.molab.go.kr/download/_20051220144304549.pdf

Article 31 (Restriction on Dismissal for Managerial Reasons)

(1) If an employer wants to dismiss a worker for managerial reasons, there shall be urgent managerial needs. In such cases as transfer, acquisition and merger of business which are aimed to avoid financial difficulties, it shall be deemed that there is an urgent managerial need.

(3) With regard to the possible methods for avoiding dismissal and the criteria for dismissal as referred to in paragraph (2), an employer shall give a notice 60 days prior to dismissal day to a trade union which is formed by the consent of the majority of all workers in the business or workplace concerned(or to a person representing the majority of all workers if such trade union does not exist, hereinafter referred to as a �workers� representative�) and have sincere consultation.

(4) When an employer intends to dismiss more than a certain number of workers which is defined by the Presidential Decree under the conditions as referred to in paragraph (1), he/she shall report it to the Minister of Labor as determined by the Presidential Decree.

(5) In cases where an employer has dismissed workers in accordance with the requirements as stipulated in paragraphs (1) to (3), it shall be deemed that the dismissal concerned is made based on the justifiable reasons in accordance with paragraph (1) of Article 30.

Article 32 (Advance Notice of Dismissal)

(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose.

Article 33 (Application for Remedy for Unfair Dismissal, etc.)

(1) If a worker is dismissed, laid off, suspended, transferred, or subject to other punitive actions or has his salary reduced by an employer without justifiable reason, the worker may request a remedy for it to the Labor Relations Commission.

(2) In relation to the procedures of the application for remedy and investigation, the provisions of Articles 82 to 86 of the Trade Union and Labor Relations Adjustment Act shall be applied mutatis mutandis, except for paragraph (5) of Article 85.

Article 35 (Exception of Advance Notice of Dismissal)

The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:

1. a worker who has been employed on a daily basis for less than three consecutive months;

2. a worker who has been employed for a fixed period not exceeding two months;

3. a worker who has been employed as a monthly-paid worker for less than six months ;

4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and

5. a worker in a probationary period

[spliff]

Stick to your guns and go to the labour board, if necessary...the school obviously thinks you know nothing of your rights as a worker here. And maybe they are right...

[Jizzo T. Clown]

Geez, it seems that every day there's a new post of someone getting screwed by their hagwon! Will working conditions ever improve?

[Dan The Chainsawman]

Look before you get all riled up sit down with your boss and ask him some direct questions. Also go in the spirit of negotiation. If your boss is trying to duck out of the recruiter fee then don't let it bother you. Just say you will need a letter of release and use of your apartment till you find a new employment.

Next.. You are in Korea, while I wouldn't say don't use a recruiter, don't depend on them completely either. Get out and look at schools and talk to the people working at them.

Last.. don't take it personally if the boss insists the problem really is with you.. try to remember that teaching isn't something that often comes naturally to us.. I've been teaching for 2.5 years and I still work almost everyday to improve my teaching abilities.

Just take what you can from the situation and move on, but remember.. being fired in Korea is alot different than being fired in the Western world... It won't hold you up from getting a new job.. You might have to settle for a position less than you ideal, but you should have no problem organizing some decent paying work.

[Bibbitybop]

[willneverteachagain]

[Dan The Chainsawman]

Yes you do need a letter of Release it is how you go about getting a new contract and visa with a different school.

Unless you plan on leaving the country and coming back after your contract expires.

[Sulla]

The question is this: can they fire me without giving me a letter of release?

[white tiger]

i suppose it will depend on what bs they feed you for the reason that they are doing it. get a copy of all the parents' phone numbers and be sure to get a korean friend to help you write a letter explaining what REALLY happened because THEY ALL LIE.
ive only had to deal with slight lies. but i know others well that have had to take on the SH*T all too well.
down with hogwans.
down with hogwans.
down with hogwans.

[garykasparov]