Korean Job Discussion Forums

[KumaraKitty]

My husband works part-time at a hagwon, one of those multi-subject schools.
His Director phoned him this afternoon informing him that he is not to work next week. It was his final week, so I am a bit suspicious, but her reason was that someone from the Government(Immigration/MoE/Police) not sure who, would be cracking down on all the hagwons examining all teachers to make sure they were registered.
Since my husband(Korean Citizen) wasn't registered with the MoE and was only part-time, he could not come to work next week or they would get in trouble. She said it was on the news, in the newspaper and all the hagwons new about it.
Well even though he is a Korean citizen he grew up in Texas and we never read or listen to Korean news.(Korean is his second language) He believed her but I think they are just trying to screw him out of his last week of work. The students love him, he's worked their over a year, but the new owners think he's too expensive.
So since she claimed all the other schools knew and it was on the news, I wanted to know if anyone else had heard anything.
I know at this point there is not much to do even if it is true, but we just want to know. So if anyone has heard, let me know! Cheers!

[buymybook]

What are you worried about? Ask them now for the last payment, including the severance(if it applies). Did he work there 1 full year? Did he work more than 15 hours per week?

[Ilsanman]

It seems strange that they'd employ and pay him for a year but decide that he's 'too expensive' in his last week. Did the other 51 weeks of pay not matter?

Maybe just a convenient overlap of time for the school.

[The_Conservative]

[KumaraKitty]

My husband is a Korean Citizen, so there is no airfare.
As for severance, they better darn well pay it up or I(pregant and all!!) will go make a scene at the school! They deducted from his monthly salary every month for the past 1 1/2 years for his severance.
He only became part-time a month ago when they decided there were not enough classes, yet they loaded his days with more classes than he normally taught, so he was working 15 hours a week.
Then they asked him to help find a new foreign teacher, which he nicely did, but at the last minute after 2 interviews(one with the President/Owner who NEVER does interviews and my hubby met once in his whole time there!) and contract talks, randomly hired a newbie from the UK for 2 mil instead of our experienced friend for 2.5 leaving him hanging here in Korea, luckily he was interviewing at CDI at the same time!
I think it's all about money, hubby thinks they are honest, I wanted to see if there was any legitimacy to their excuse. Guess there isn't!

[twg]

[CentralCali]

[bassexpander]

You could easily bring this to the labor board if he messed around with you, and win.

There should be no severence deducted from your pay... ever. Are you sure you're not confusing it with pension?

[KumaraKitty]

No, he was told it was like an enforced savings plan. It's to go on top of his severance, so it makes his severance seem bigger. I just found out about it last week, I always thought he just had tax and pension coming off, but thought the deduction was a little high. He gets paid on Friday, I'll see what happens! Cheers!

[Young FRANKenstein]

[ttompatz]

Severance is required by law. The employer cannot legally refuse to pay (with the exception of a private university and they have another option that is equal to the severance).
The following are quoted from the Korean Labor Standards Act.

Article 34 (Severance Pay System)
(1) An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply.

(2) In establishing the severance pay system stipulated in paragraph (1), a differential severance pay system shall not be permitted within one business.

(3) An employer may, at the request of workers, pay severance pay in advance for the period of continuous employment of the worker concerned by adjusting the balances of remunerations before his retirement, irrespective of the provisions of paragraph (1). In this case, the number of years of continuous employment for the computation of severance pay shall be counted anew from the moment the latest adjustment of balances has been made.

(4) In cases where an employer has enrolled in pension insurance program for retirees or a retirement lump sum payment trust as prescribed by the Presidential Decree(hereinafter referred to as �pension insurance, etc.�) for workers, whereby workers, as the insured or a beneficiary, receive lump sum payment at the time of retirement, or draw their pensions, it shall be deemed that the employer has set up a severance pay scheme in accordance with paragraph (1). The amount of lump sum by the retirement insurance, etc., however, shall not be smaller
than that of severance pay pursuant to paragraph (1).

FORCE SAVINGS ARE ILLEGAL.

Article 29 (Prohibition of Compulsory Saving)

(1) An employer shall not enter into a contract incidental to a labor contract which stipulates compulsory savings or the management of savings.

(2) If an employer is entrusted by a worker to manage his savings, the said employer shall observe the matters in the following subparagraphs.

1. The type and period of savings and financial institutions which manage the savings shall be determined by the concerned worker and the savings account shall be under the name of the worker.

2. When the concerned worker requests to see the related materials such as savings certificate, or have them returned, the employer shall immediately meet the request. <Amended by Act No. 5885, Feb. 8, 1999>

Time for the OP's husband to file a complaint with the labor office.

[KumaraKitty]

Thanks guys! I'm force-feeding this to hubby. He realizes they are treating him badly, but doesn't want to push it, some weird sense of honor. I say, I'm pregnant, we have a child to provide for on the way, GET THE MONEY HONEY!!!