Korean Job Discussion Forums

[nickeb505]

These crazy people fired me on a Tues night. They gave basically 8 hours to get all my belongings out of my apratment, and I guess sleep at Seoul station or stay another 30 days. So, feeling rather nervous and not knowing what to do I took the 30 days. Stupid stupid me. Anyway, I called the labor board on weds, they told me leaving before the 30 days was ok. Well, I guess it's not. On thursday I told my director I was leaving on sunday. haha Korean people get rather excited and love to scream when mad. Well on friday "PRESIDENT CHOI", as he referred to himself didn't like it at all. At one point actually charging at me. Oh yes, he threated my roomate and told him to tell me that if I left he would tell the labor board I quit. Well he did just that. I really can't believe this has happened. So, I'm in Korea with no release letter, they won't give me my papers saying I got fired. Now they are saying I have to pay them for all sorts of things(airfare,students quiting class, recruiter fees), I don't know. Anyway, I called the labor board, something of a joke. Nothing they can do. Well, I get great connection speed here is the station. Someone write me back or stop by the station anytime, I make a mean tea. I have plenty of time to chat!!!!!! Anyone have a suggestion. I want to teach more. I've been here 8 months.

[ajuma]

Whoa!! Slow down! You said that your employer fired you. Did he SAY "You're fired."? Why won't he give you a document saying that you WERE fired? Did he give you a reason? Contact your recruiter?

I don't understand the "I took the 30 days". Did you go to immigration with a letter saying you were fired and got a visa extension or did your boss tell you that you have 30 days to leave the country "or else"?

Why was he so upset that you were leaving on Sunday if he fired you??

Does this post make sense to anyone else?

[nickeb505]

okay i will slow it down. they fired me. gave me 2 options. 1#leave in the morning, or 2#leave in 30 days. it was impossible to leave in such sort notice so i said i would stay the 30 days. my feeling was the pressured me into staying since they knew they were going to fire me for 2 weeks. 2 dyas later i told them i was going to leave. now they are upset and told the labor board i quit. they refuse to give me a letter saying i was fired. so once monday comes i will figure out the rest. better? is that more clear?

[ajuma]

Well, if you said that you would stay for 30 days, then changed your mind, you DID quit!!

[nickeb505]

how could i quit? i was fired!!!!!!!!!!!

[kprrok]

You were fired with notice, but decided to leave.

However, if you didn't give them anything in writing, they can't say you quit. Also, you are only fired if they give you a written termination.

If you have nothing in writing, and you didn't write anything for them, just continue going to work everyday like nothing happened. Without anything in writing, there's nothing they can do.

KPRROK

[garykasparov]

Employee Notice

Name of Employee:

Nationality:

Passport No.:

Address:

Telephone No.:

The above employee has been working at name of school as a Foreign Language Teacher. Your first Name Your last Name was notified of dismissal on month day, 2007 and his last day of work will be on month day, 2007. I, director's name, hereby consent to Your first name Your last name working at another English school or English academy.

Dated: month day, year

Employer Name:

School Name:

School Address:

Telephone No.:

Employer Signature:

Representative /SEAL/:

(1) "was notified of dismissal on month day, 2007 and his last day of work will be on month day, 2007."

Your employer has to provide you with an Advance Notice of Dismissal 30 days prior to dismissal. If your employer signs this and writes a date that indicates you were notified of dismissal less than 30 days, then file a complaint at your local labor office. In such a case you would be entitled to wages greater of 30 days.

(2) Write this up for your employer and present it to him. Fill in everything except the employee signature and representative seal. The worst he can say is no.

(3) Get it signed on Monday ASAP.

[wylies99]

[nickeb505]

i wasn't aware of the written work needed that evening. I went to them to get it the next day and they refused. I didn't teach friday, because I was packing and to stressed. I think my best bet is to teach Monday morning, go to the labor board, then go back to my school and work something out. I have talked to most of my students and they are not going to drop the classes they had with me. My apartment is shiny and clean, and i was thinking about floating the boss some cash if nothing else works. For me it's the theory of all of it. They threatened me and bullied me. I don't take kind to that and act out sometimes. You can't just use people and treat them like animals. I mean you fired me, okay, now lets let it go and go on with our lives.

[wylies99]

The firing-If it is NOT in writing, then LEGALLY it never happened. Keep reporting to work until they put it in writing, and THEN file at Labor for wrongful termination.

The question is how serious are YOU about fighting this? Or, are you gonna roll over and let them do this to you and leave like a wimp? It's up to you. Once you decide what you're made of then some of us can help you.

[nickeb505]

i take everything seriously. I don't jump though, I think about how bad the fall will be first. I'm ready to leave, I was happy when I got fired. I really want to stay in Korea and teach though. Anyway, this guy is a bastard. They tried to get over on me. It's shit that they hold that release letter over your head. Plus being homeless in Korea is not what I had in mind.If you don't want to help, then that's just how it is. I can get by on my own. It's not the first time nor the last. Just don't reply!!!

[wylies99]

Some Immigration Offices in Korea will release you from your E2 with a dismissal letter.


Get it in writing, then we'll talk about the next move.

[jlb]

Yeah, so the exact same thing happened to me. My school refused to give me anything in writing. I said I wasn't leaving the school until they did. I called my big foreign friend and a Korean friend to translate and waited until they called the police to get us to leave. At least they knew I was playing hardball.

Anyway, finally they stopped saying I quit. I then went to the labor board to get my money.

So seriously, if nothing is in writing, tell the school there are 2 options:

1. You will keep working because you haven't quit and you haven't been fired.

2. Give you something in writing (a release letter preferably).

[garykasparov]

http://forums.eslcafe.com/korea/viewtopic.php?t=91053

What does your labor contract say about reimbursements for airfare for termination? Just curious about that because some contracts say you have to reimburse your employer if you're are terminated or resign before 6 months. Your employer is required to issue you an Advance Notice of Dismissal 30 days before dismissal as stipulated in the Labor Standards Act. Exceptions in Article 35 do not apply to you in this case.

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.

(2) Deleted. <Act No. 5885, Feb. 8, 1999>

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

[sconner]