Korean Job Discussion Forums

phillip · Joined: 16 Jan 2007

(Preface: my girlfriend and I work for the same Hagwon. they give us 150,000won for sharing one apartment. She started a couple months before I did. She went through a recruiter (People Direct), I did not.)

On Tuesday my boss told me that I'd been laid off. Korean teachers have been laid off in the past, and a Korean teacher has been laid off this week along with me. My boss told me that my last day of work would be Sept 8th, less than two weeks away. I started March 8th, so this would have put me at exactly six months. When I asked about my bonus (I have a year contract) he said that he'd give me half a month. Afterwards I mentioned to my supervisor that my contract says I should be given a month's notice.

I wasn't pleased, but I haven't been that happy working there and I was happy he'd give me something for the bonus.

Today I at work I saw a new schedule that will begin Monday. I am not on it. I started to become afraid that I couldn't trust anything they said, started to fear I wouldn't see any money.

I talked (a bit loudly...) to my supervisor about it. Told her I would talk to immigration blah blah blah. She says he'll consider paying me for an extra week and we're going to meet (my supervisor, my boss, and myself) tomorrow afternoon before work to talk about the situation.

and we're having trouble getting my girlfriend's diploma back.

so. advice? my rights? how do i make sure these rights are honored?

i need this money soon, i'm not sure how long i can stick around here

the eye · Joined: 29 Jan 2004

First of all, how long have you been working there? If it is over 6 months, they are required to give you a month's notice with pay if they intend to dismiss you.

Check your contract for clauses that cover this area.

As far as I know, they can't legally force a lay-off. Either they give you notice and dismiss you, or keep paying you.

Keep your cool if you speak to mamagement, and go directly to the Labor Board, not immigration.
It's important to start a file should this situation get worse.
Also, are they paying into your health plan and pension funds? Do you have the little health plan book. You should call and enquire about those as well.

Ministry of labor:
http://english.molab.go.kr/

Pension:
http://www.nps.or.kr/

Tax Bureau:
http://www.nts.go.kr/eng/default.html

Regarding the diploma. Tell them you will be calling the police if they refuse to return it. That is theft.
Ask for it again and tell them you will call the police if they don;t give it directly.

yingwenlaoshi · Joined: 12 Feb 2007 Location: ... location, location!

Since they're supposed to give you 30 days notice after six months, the fact that you're being given a 2-weeks notice would equal 2 weeks' pay instead of a month's. If he's going to give you 2 weeks' worth, take it.

They might be paranoid about giving your girlfriend her diploma since they might think she'll take off with you. Anyway, they aren't supposed to keep it in the first place. Just demand what they owe you and get the diploma, too. Be assertive. Ask them about taxes, pension and health. Did they deduct health and pension from you? If so, if you don't have your health booklet, they probably were pocketing that. You can call the pension office and verify that they've been deducting. They probably aren't paying taxes, so you can use that and the other things (if something crooked is going on) to get what's coming to you.

You can also call the health office.

Fresh Prince · Joined: 05 Dec 2006 Location: The glorious nation of Korea

You might want to get writing (Korean and English) that they are laying you off? Sometimes people aren't nice and tell teachers one thing and then tell immigration or labour other things. So you should be getting all the pay owed to you for previous work and they should be giving you one months notice if that's what your contract states. Since they aren't giving you one month's notice but instead two weeks notice are they going to give you an extra two weeks of pay, which would be the financial equivalent of one month's notice? Half the severance pay? What's going to happen with the airfare and pension?

About the diploma: Why can't your girlfriend demand it back herself?

phillip · Joined: 16 Jan 2007

thanks for the prompt replies. i've been there just short of six months (sept 8th would have been six months), but my contract says they have to give us a month's notice.

who knows what'll happen at the meeting tomorrow. i'll be sure to ask for the info that's been mentioned (document stating i've been laid off, health deductions, pension deductions). i'm almost positive they haven't been paying these. we were never give a health insurance book.

the eye · Joined: 29 Jan 2004

The failure to be enrolled into the health and pension schemes should be reported immediately to the labor board.
Also, how much have they been withholding for taxes each month? It shouldn't be over 3.5%
That is another bargaining chip you hold. You can threaten to report them to the tax bureau. Most likely, if they've been screwing you around, they've also been screwing the tax office.
That's not taken lightly, as you know.

You do have rights, but don't loose your cool in the meeting. It will make a resolution much more difficult. Point out that your contyract requires a months notice with pay.
Perhaps all would be better off if they gave you notice and dismissed you with a release letter.
Then you can get a better job.

If they don't want to play by the rules, go to the labor board.

cbclark4 · Joined: 20 Aug 2006 Location: Masan

Screw playing by their rules.

This Hagwon has already broken the 'law'.

Use the law to your advantage go directly to labor with your story.

Get your contract enforced, I think the labor law may require 2 months notice, not entirely sure but there is a sticky with the latest on labor law at the top of this forum.

Report them to the pension office and the tax office immediately don't wait for the meeting.

spliff · Joined: 19 Jan 2004 Location: Khon Kaen, Thailand

willneverteachagain · Joined: 17 Dec 2006

why do they have your gf's degree? i hope it's a copy and not the real one. next i guess u are going to tell us that it's korean custom for them to hold your passport right?

buymybook · Joined: 21 Feb 2005 Location: Telluride

the eye · Joined: 29 Jan 2004

the eye · Joined: 29 Jan 2004

SO? Waddup?

phillip · Joined: 16 Jan 2007

At the meeting they told me that they would pay me 70% of my last month's salary (not sure where they got this figure from, I've worked 75% of the month) and half a months pay for the bonus. Friday would be my last day of work, after just giving me notice on Tuesday.

I mentioned to them that I didn't think they'd enrolled me in the health and pension schemes, and that my contract stated they needed to give me a month's notice.

Their response was that I'd already agreed to stop working with less than a month's notice. I told them that I had, but now they weren't sticking to what they'd agreed to at that meeting. I told them if we had any more problems I'd contact the Ministry of Labor, the tax office, and the pension office. At this point they said, "Ok, one month", meaning although in effect they've only given me less than a weeks notice, they're paying me for an extra week.

I'm ok with this arrangement, as long as they stick to it. They aren't going to pay me any of it until my payday on the 14th.

yingwenlaoshi · Joined: 12 Feb 2007 Location: ... location, location!

So they're paying you half a month's notice and a whole month's pay for the current month? That's pretty good.

You can go to the pension office after all is said and done. Where are you from?

How much do they deduct from your salary?

the eye · Joined: 29 Jan 2004

That's not too bad.

If i were you, i'd be jotting down the phone numbers you need to report this if it doesn't turn out well.

Get the address of the Labor Board office in your area and get as much identifying info about your school owner. Full name, telephone number, school address.

Be prepared to act fast if this goes sour.