Korean Job Discussion Forums

Girijah · Joined: 18 Jul 2007

Hi... can anyone help me figure out what to do now.
I have been working in Korea since April, and there has been some personalilty clashes with my job.
I didn't expect that just expressing my feelings and trying to understand things better would get me fired, but it has.

My employer is giving me one months notice and my last day is on Oct 8th. At that point I will have worked 6 months. I'm from the States, so what does that mean for my pension and severence. She wrote that I won't be getting severence, but they would discuss, if all goes well until Oct 8th, about paying for a return flight. I asked her to sign a release form, but she insists that it's illigal to sign. What can I do. I want to continue to work here. I actually like it here and know I could get another job easily through connections.

Please help me with numbers or information if you can.

Thanks,
Girijah

tomato · Posted: Fri Aug 31, 2007 4:20 am Post subject:

Your employer is full of baloney.
I have been fired more times than I care to admit, and I've never had that problem.

Here is a Web page listing lawyers who specialize in foreign teachers in your predicament:

http://www.hierosgamos.org/hg/db_lawfirms.asp?action=search&subcategory=Immigration&country=Korea

Here is a good Website on the subject:

http://www.hierosgamos.org/hg/db_lawfirms.asp?action=search&subcategory=Immigration&country=Korea

Here is a forum for discussion about EFL law in Korea:

http://koreabridge.com/jobforums/index.htm

Jizzo T. Clown · Joined: 27 Mar 2006 Location: at my wit's end

Can he run to Japan, get a tourist visa, come back and apply for jobs on a tourist visa in person? Might require a bit of money, but capsule hotels are cheap, and you cold stay in a yeogwan while looking for work...that's what I would try to do, anyway...From what I gather your visa must be canceled for this to happen, though. Others here (like tomato) know much more than I...ttompatz?

Girijah · Joined: 18 Jul 2007

I have a multiple entry visa, so I don't think that would cancel my visa... if I'm wrong let me know.

xCustomx · Joined: 06 Jan 2006

Even if you've been fired you need to get a letter of release from your employer which will allow you to get another job. I don't think that leaving Korea will automatically cancel your work visa

pest2 · Joined: 01 Jun 2005 Location: Vancouver, Canada

they are lying about not being able to give the release letter, but by the same token they are not required to give it, either.

To get your visa canceled, I am pretty sure you can just tell the customs ppl you dont intend to come back and hand in your ARC. But, you might not be able to work again until that canceled visa expires...

If it were me in you shoes, I'd try to negotiate to get the release letter... maybe it would be cheaper for them to do that than pay your return ticket, for example.

Whistleblower · Joined: 03 Feb 2007

Make sure you get dismissal from employment in writing. Please read below:

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. <Amended by Act No. 5885, Feb. 8, 1999>

Please note, a justifiable reason must be given for dismissal as well as 30 days written notice. So on Monday when you go in ask for the dismissal in writing and 30 days notice. What is the reason you are being dismissed?

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

Well you can't get severence. You need to work a year to get that.

Illegal to sign a release letter? Why? I don't know why these places just don't give firees a letter in the first place. That's normal procedure in a normal world. Go fkg figure. Like a pink slip. Stupid morons. Really funny, isn't it? "Um, can you give me a pay statements and if you fire me, could you please give me a pink slip and a statment that shows all of what you've paid me and what you've deducted since I started?"

Christ.

Anyway, write something up that you both can sign that shows that you've been given notice and that shows your last day of employment. Have two copies. Have both signed with witenesses or whatever.

Do you know if he's made all the pension contributions. And health? And what were you paying in taxes. How much was deducted each month? What was your salary? They probably weren't paying taxes. Check into all of that. And contact the labor board if you want your letter of release and he's not giving it to you. It's only fkg normal to give statements and letters of notice to employees.

Anyway, other that what they might be extorting from you in pension, health and taxes, and what they might be extorting from the tax office, they owe you a plane ticket home or cash equivalent.

They don't owe you severence. The don't owe you a month's pay either. They gave you notice.

Whistleblower · Joined: 03 Feb 2007

With regards to your interest in pension et al, please ask for a certificate of employment:

Article 38 (Certificate of Employment)

(1) If an employer has been requested by a worker to issue a certificate specifying term of employment, job specification, title and wages or other necessary information even after the retirement of the worker, he shall immediately prepare based upon fact and deliver the certificate.

(2) The certificate referred to in paragraph (1) shall only contain the items that the worker concerned has requested.

Take this certificate to the tax office and check that tax and pension contributions have been provided. Next ask for the following:

Can I ask the employer to give me a copy of my Taxation Certificate? Yes, you should. Every employer MUST submit in February a "Receipt for Wage & Salary Income Taxes Withholding" form. Ask for a copy of this. This must be prepared at the end of your contract and is proof of Taxes to be paid to the KTO.

Is there any way to know for sure (when you get your pay) that your school has paid taxes, pension, etc, instead of deducting it and keeping it for themselves?
Your employer should be providing a wage slip each month if you request one. When you visit take all your payment/wage slips with you and your ARC. This should really get the ball rolling regarding pension, tax et al.

http://www.nts.go.kr/eng/default.html
Look at the link above to find your local tax office. It takes some browsing to find the right link.

Hope that helps.

tomato · Posted: Fri Aug 31, 2007 5:41 am Post subject:

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

The answers the OP needs are all above.

I have nothing significant or new to add for now. Short story below.

What she does need to do is have her employer contact immigration or go with her and have the employer report (as required by immigration law) that you have completed work / been terminated and cancel the visa. This can be done anytime.

The OP will get an exit order requiring her to leave the country within 14 days from the visa cancelation and have her ARC cancelled.

This protects the employer from the employee (the OP) staying in Korea (good arguement to present to the employer to get it done)

AND

allows the employee to seek new employment within that time (because she will need to make a visa run).

You will be allowed 14 days AFTER the EARLY termination of your visa at immigration in which to leave the country.

Girijah · Joined: 18 Jul 2007

Thank you all so much for the information. I have until Oct. 8th to figure out how to get my employer to sign the damn Release. I found out that Immigration is coming to Wonju, my current city, next Friday morning. Maybe I can get my employer to go with me. We're not on bad terms (not yet anyway) I just think that she's never had to deal with this situation and doesn't know how to navigate through all the information... nor do I. At least I have you guys (although I'm feeling pretty sad and alone right now). I'm sure once I sort through it all, I'll feel better. It's a lot of information to try and figure out.

If I can get her to come to immigration with me, is there anything I should have prepared before hand?

tob55 · Joined: 29 Apr 2007

I know this seems like an impossible situation you are facing now, but be sure to recount the facts as you know them...Write it down so you can refer to it and show proof that you tried to work things out...Korean employers don't just release you for no reason, there is something, or else they wouldn't be doing this...If it was something serious they could get around the 30 days a number of ways, but the fact that you suggest you are still on good terms with the owner puts a lot of questions in my mind...

Follow the advice of the people who contributed to the post and you will not go wrong...The important thing is to keep your cool throughout the process...They will obviously be looking for the situation to give them full proof of their decision to terminate your contract, and if you lose your temper it will set the torch on fire...Just my observations from reading the threads...

dmbfan · Joined: 09 Mar 2006

Girijah · Joined: 18 Jul 2007

Tangsinul sarang ha yo for helping me out. I'm feeling calm and motivated to keep things nice at work. I really do like the director... it just wasn't a good fit. I will do my best at keeping my integrity high and be pleasant and will let you know if and when anything happens. I'm sure I will learn from this situation, and will share what I've learned.

Peace!!
Wendy