Korean Job Discussion Forums

stephie · Joined: 26 Jul 2007

My husband and I have been at our hogwan for eight months and they've changed owners-managers three times. I think it's all the same family but I'm not sure. They have been good with our pay but they keep changing schedules and classes and student turnover is pretty high. The last time they changed owners they said they'd be moving us to another building but they didn't say when. Two weeks ago they started classes in the new building and didn't tell us and we and two other teachers showed up at the old school. We didn't even know where the new one was until we got the owner on her cell phone. They want to fire all four of us because we missed that half day! I've had it with this place but I don't know what to do next. Quit? Let them fire us?? I'm pretty sure they're not going to pay us the last month's pay at any rate. What do we do in either case?

Yu_Bum_suk · Joined: 25 Dec 2004

Do you want to work for another year in Korea? If so tell them they can take you to immigration, cancel your contracts, and you can get another job. If you want to move on in four months I'd contact the labour board and let your employer know about it.

littlelisa · Joined: 12 Jun 2007 Location: Seoul

I don't know what's written in your contract about firings, but I would say that this is their fault.

I would tell them that you must have a written notice and a 30 day warning, or get paid the equivalent of having worked that time. Tell them they also need to provide you with a letter of release.

Whistleblower · Joined: 03 Feb 2007

You are unable to work at a separate location to teach unless it has been accepted by immigration and the address is on the back of your ARC ID (you could give them that excuse and mention that all other teachers should go to immigration), unless you are F2. If they don't like the above suggestion contact immigration and tell them that your employer is forcing you to work at different locations. However, as they never told you of the new location it isn't your problem. Just check the following to see if they are agreeing to their terms of employment:

1. Are they paying taxation? Contact or see the local tax office and ask them, all you need is your ARC ID number.

2. Are they paying pension? Again check to see if they gave you some certificate from the pension office and check with the relevant office.

3. Are they contributing towards the National Health Insurance? You should have some little bit of paper with you and your families name, if not chase them up.

If they are unreceptive contact the Labor Board and tell them you are having problems with the following. Your employer is unable to fire you just because you contacted the Labor Board. Your employer must give a justifiable reason for termination of contract, if they don't like it they shouldn't be in that business. Nonetheless, I would like to mention a case of concern. If the business owners are changing hands keep your contract nearby. However, the new employer could argue that you only worked for a short period and he doesn't have to pay your severance. Just get everything confirmed in writing.

Finally, your employer must give 30 days (1 month) written notice if he wishes to terminate the contract under justifiable reasons. If he terminates you immediately, you are entitled to 30 days pay in advance. He cannot terminate you because:

1. You are not Korean.
2. He doesn't like you.
3. Students are not attending.
4. You contacted the Labor Board and he has lost his trust in you.
5. Or any other lame excuse that he mentions.

Get everything in writing as this will be his nail in his coffin. You can fight them and win. At the beginning your employer will be your friend and will try anything to get rid of you once that friendship turns sour. Good luck and fight a good fight.

stephie · Joined: 26 Jul 2007

Yes, we would like to spend several more years working in Korea.

By law they have to give you 30 days notice and pay you for that time?

What if they just refuse the release letter?

We have health insurance. Does that end when the contract ends?

I know they won't pay severance. It's in the contract that they won't.

Right now they seem to be paying a waiting game, they keep telling us they'll get back to us about it and no one has.

Whistleblower · Joined: 03 Feb 2007

By law they have to give you 30 days notice and pay you for that time?
Yes.

What if they just refuse the release letter?
This is illegal and I suggest you contact the immigration department about your predicament.

We have health insurance. Does that end when the contract ends?
Yes.

I know they won't pay severance. It's in the contract that they won't.

Right now they seem to be paying a waiting game, they keep telling us they'll get back to us about it and no one has.
They don't want to deal with the problem. They are incompetent and are unable to make any progress, I suggest you move on in your own time.

littlelisa · Joined: 12 Jun 2007 Location: Seoul

Isn't severance a legal requirement? It doesn't matter if it's not in the contract, the contract has to abide by Korean law. I'd still bring this up with the labour board.

Although I guess not if you wouldn't complete the contract.

garykasparov · Joined: 27 May 2007

Whistleblower · Joined: 03 Feb 2007

When your employer refuses to pay your salary/severance, etc.:

A Korean friend of mine suggests that you contact your local MINISTRY OF LABOR if you need help getting your wages, severance, etc. Remember that it is important to act quickly if your visa is expiring and the employer is simply playing a waiting game, expecting that you will have to leave before the case can be adjudicated.

In every city, there is an office of the Ministry of Labor. Check the website: http://english.molab.go.kr
You can file an appeal to your local office, and the Ministry of Labor will call you and your employer within ten days to hear the complaint. The Ministry of Labor can ORDER your employer to pay any salary/severance, etc. The Ministry also has judicial authority to enforce their decision.

You can find your local Ministry of Labor office by calling either:

(1) 02-6900-8000 (press 7 when you hear the recording)
Migrant Workers Center in Korea (http://www.migrantok.org)
This center is under the Ministry of Labor, and can tell you how to collect your salary.

(2) 1577-0177 (press 1 when you hear the recording)
Migrant Workers translation service center
This center can help you by translating when you want to talk with the hagwon owner, or the Ministry of Labor.

If you don�t have enough time to file a complaint or await the decision of the Ministry, you can file your complaint through a proxy. After you leave Korea, the Ministry will order your employer to pay your salary to the proxy, and then your proxy can send the money to you.

Who can be a proxy? It depends. Each office of the Ministry of Labor may rule as they wish. Sometimes foreigners can be proxies; sometimes only Koreans can be proxies. Some may insist that you go through a lawyer. Luckily, the legal fees can be low, but do not go to a general attorney.

The Ministry of Labor should be able to refer you to a "Labor Attorney" (Nomusa, in Korean). This legal specialty helps people dealing with labor matters and sometimes mediates strikes.

In case of a salary dispute with your employer, please remember that because you came to Korea with a legal contract and proper working visa, your rights are protected under Korean law.

I hope this advice helps you and other foreigners working in Korea.

stephie · Joined: 26 Jul 2007

If we don't complete the contract they don't have to pay us any severance, just the 30 days' notice + 30 days' pay, is that correct? Do we work during those 30 days?

Could they somehow "blackball" us now and make it hard for us to get a job at another school?

Songtan33 · Joined: 04 Jun 2007

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

stephie · Joined: 26 Jul 2007

We got this job through a referral from another hogwan that we went to first and really wanted to work at, but they weren't hiring. The owner of that hogwan is an old school chum of the owner of this hogwan. Koreans make best-friends-for-life in school, right? Does that mean there's no chance of us getting a job with that first hogwan, now? They won't hire us out of respect for their relationship with our current hogwan or something?

starbright · Joined: 03 Jan 2007

I know a good recruiter if you want to get another job........I found my job using this recruiter.......here is the site www.eslteacherrecruiter.com They have jobs all over Korea.