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Labor Board Questions

 
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Darkness



Joined: 12 Oct 2006

PostPosted: Wed Aug 15, 2007 1:26 am    Post subject: Labor Board Questions Reply with quote

Ok so I filed a compliant against my hogwon who owe me for 8 days of work, 1 week of vacation, 30days pay, and my pension.

I filled out some paper work at the labor board on monday afternoon, after I went into the hogwon to get my money and they started yelling and screaming at me, saying I would never get my money then shoeing me out of the building....apparently after I filled out paper work the labor board guy told me my hogwon director was in there in the morning and claimed that I had quit...which I HADNT.

My question is...what are the chances of the labor board will decide in my favor after the hogwon told them I quit, and if so what are the chances I'll ACTUALLY get my money? (approx 3,6mill won)
Do I have to stay in the country? I was thinking of going home (Canada) for 2 weeks to take care of some things.

I was told it will take 5 weeks to go through the labor board and his my word against theirs, but if the hogwon refuses to pay, then what?
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tob55



Joined: 29 Apr 2007

PostPosted: Wed Aug 15, 2007 1:48 am    Post subject: Depends... Reply with quote

It really depends on the history of the hagwon with the labor board...If they have never been the subject of this it is likely your word against their might not stand unless you have some tangible evidence to prove your case. If they have a history, then you have a better change of seeing some results. Believe me, you wouldn't be the first person who has been taken to the cleaners by less scrupulous hagwon owners...They can hardly see past the color of the 10,000 KRW, and when push comes to shove, you receiving your money is way down the list on their set of priorities...With everything you have said I would say your chances of ever seeing any portion of the moeny are 50/50 or less in your favor...
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Squid



Joined: 25 Jul 2003
Location: Sunny Anyang

PostPosted: Wed Aug 15, 2007 3:30 am    Post subject: Reply with quote

Now that you've filed a claim the labor board will arrange a meeting between you and your employer in their office.

Unless you speak fluent Korean I would strongly suggest you take a translator, a friend, with you. It would be better for you if the translator were male.

If your employer doesn't show up...there's no obligation for them to do so... the labor board will arrange a "second chance" for them... and things are looking mighty fine in your favor.

If they do show, then you'll be expected to produce evidence of your claim and negotiate a settlement, including a date for payment, at that time. Once it's agreed the labor officer witnesses it and it becomes quasi-binding.

You have to be here to follow your claim.

Good luck.
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Atavistic



Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.

PostPosted: Wed Aug 15, 2007 3:41 am    Post subject: Reply with quote

By the way, your employer can call meeting after meeting and not show up without any repercussions, yet if YOU don't show up, you automatically lose.

Also, the labor board can find in your favor, but they can't actually force the school to pay you, nor can they close the school, even when the school has multiple complaints against it (found against the school's favor) totaling over 25 million won.

If you're really lucky, you'll end up at a labor meeting following someone else who's there complaining about your former school, someone who started at least two employees after you left.

Ask me how I know this.
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lowpo



Joined: 01 Mar 2007

PostPosted: Wed Aug 15, 2007 4:24 am    Post subject: Reply with quote

Atavistic wrote:
By the way, your employer can call meeting after meeting and not show up without any repercussions, yet if YOU don't show up, you automatically lose.

Also, the labor board can find in your favor, but they can't actually force the school to pay you, nor can they close the school, even when the school has multiple complaints against it (found against the school's favor) totaling over 25 million won.

If you're really lucky, you'll end up at a labor meeting following someone else who's there complaining about your former school, someone who started at least two employees after you left.

Ask me how I know this.

Be ready for a long fight. IF you win at the labor board and they tell your old boss what date to pay you on and he does not pay you on that date. Then you or someone from the labor board will have to inform the police station that your old boss did not pay you. Then they will make him pay a small fine and you are done with at the labor board.
Then you go to the prosecutor office and have them collect the money from your old boss. I was told that it would take them up to 1 year to collect the money from your old boss and you better hope the school stays open for the next nine months. If the school closes before the nine months after you file. You will get nothing.
I was told they would go into the school and start collecting all the electronic equipment and put it up for auction.
Just like other people have told you, make sure you have someone who speaks Korean go with you to all 3 places. You can have a Korean or other foreigner go to the labor board for you, if you are out of the country.
If you have to go to the prosecutor's office you need to go to some other places first.

1. Get a stamp make of your name in Korean. Cost about 2,000W
2. Go to the labor board to get proof that your old boss did not pay you.
3. Public building and get a list of your old boss's assets. ( I can't
remember the name of the building "sorry". But maybe a KOrean
friend will know. )
4. Then go to the prosecutor's office.
At least do 1 and 2 first, it will save you a lot of time.
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koon_taung_daeng



Joined: 28 Jan 2007
Location: south korea

PostPosted: Wed Aug 15, 2007 4:18 pm    Post subject: Reply with quote

god im gettting worried about my boss pulling this crap on me, cause this is his last year doing the after school program, and there is like 2 weeks before my contract ends where he says we arent going to do anything, cause we have no class. so he is DEFINITLY going to try and screw me out of my cash
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buymybook



Joined: 21 Feb 2005
Location: Telluride

PostPosted: Wed Aug 15, 2007 11:32 pm    Post subject: Reply with quote

Find out his home address, follow him home. Ride your bike or get a taxi and say "Follow that car." Also, get his car license number.
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garykasparov



Joined: 27 May 2007

PostPosted: Thu Aug 16, 2007 2:13 am    Post subject: Reply with quote

koon_taung_daeng wrote:
god im gettting worried about my boss pulling this crap on me, cause this is his last year doing the after school program, and there is like 2 weeks before my contract ends where he says we arent going to do anything, cause we have no class. so he is DEFINITLY going to try and screw me out of my cash


If you pay for my train ride down there and back I'll take care of the problem.
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KorBal



Joined: 15 Oct 2006

PostPosted: Thu Aug 16, 2007 5:22 am    Post subject: Reply with quote

Hi

Can you tell me what number or email address you used to file your complaint? Or did you go in person? If so which office did you go to?

I tried a few numbers in Seoul from the website http://english.molab.go.kr/ but no one seems to speak English. Finally on person gave me a number to call but just got message saying all were busy and i was kept waiting but no one answered. Used option of leaving my number so they could call back but no one did.

Need to complain about unfair dismissal and get my flight and severance back.
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Darkness



Joined: 12 Oct 2006

PostPosted: Thu Aug 16, 2007 5:25 am    Post subject: Reply with quote

good luck getting it back, sounds like this is going to be a fucken night mare

dial 1350 then press 7 for english....
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lowpo



Joined: 01 Mar 2007

PostPosted: Thu Aug 16, 2007 5:59 am    Post subject: Reply with quote

KorBal wrote:
Hi

Can you tell me what number or email address you used to file your complaint? Or did you go in person? If so which office did you go to?

I tried a few numbers in Seoul from the website http://english.molab.go.kr/ but no one seems to speak English. Finally on person gave me a number to call but just got message saying all were busy and i was kept waiting but no one answered. Used option of leaving my number so they could call back but no one did.

Need to complain about unfair dismissal and get my flight and severance back.


I just went to the local labor board with a Korean friend. I took copies of my bank book as proof of the owner not paying me.

Yes, it is a nightmare getting them to pay you.
My old boss does not want to pay me, because the labor board added an extra 400,000w to what he owes me. The labor board noticed that my old boss tried not to pay me the first 4 days that I worked for the school.
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Darkness



Joined: 12 Oct 2006

PostPosted: Thu Aug 16, 2007 7:57 pm    Post subject: Reply with quote

I was getting paid in cash....dammit!
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cdninkorea



Joined: 27 Jan 2006
Location: Seoul

PostPosted: Thu Aug 16, 2007 8:06 pm    Post subject: Reply with quote

Darkness wrote:
I was getting paid in cash....dammit!


You don't have any paystubs?
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buymybook



Joined: 21 Feb 2005
Location: Telluride

PostPosted: Thu Aug 16, 2007 10:41 pm    Post subject: Reply with quote

Sounds like you will have to have a few meeting with him as you tape record the conversation. You will have to say his name and school name in a nonchalant way, you should also include the date in the meeting/conversation.

You should ask him why he paid you only in cash in the conversation as well as other important facts. You will probably have to put on an act/hide your true feelings.

I would suggest you have more than one meeting while recording the conversation. That could be your only hope. Some Mp3's have tape recorders, otherwise...
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wylies99



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

PostPosted: Fri Aug 17, 2007 1:40 am    Post subject: Reply with quote

OP- Get yourself to your local Immigration office ASAP. Let Immigration know that you're involved with Labor action against your employer and that they are FALSELY claiming you quit. Show them a opy of your complaint from Labor. If your boss tells Immigration you quit, they might issue an exit order for you. This kind of BS has happened before.
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