Korean Job Discussion Forums

[stvwrd]

I am on an E-7 visa working as a proofreader at a Korean company.

I will write as much as I can now, but there are a lot of ins and outs to this situation and I would really appreciate a face-to-face consultation with someone that knows contract law and can speak to me in English. So, if nothing else, I would greatly appreciate lawyer recommendations in the Gangnam area. I live near Kyodae, but work in Apgujong, so anywhere around either of those places would be perfect.

I didn't negotiate very well at the beginning of my current contract and accepted what they offered: 10 days of vacation per year.

I soon found out that the employee I was replacing had 30 days of vacation (6 weeks) per year, and have been steaming about it ever since. I have also heard that the Korean employees get 3 weeks of vacation, which means I get even less than the Koreans here.

I was very vocal about wanting to conserve my vacation time, and so another employee suggested to me that I can work an extra day (on a saturday, or a holiday) in order to take a three-day weekend the next week, etc.

I checked with my manager, and she said that yes, I could do that, and so it was all set in motion. I found the paperwork involved to be quite confusing (and it was all in Korean), but I double and triple checked that I was doing everything right, saying many times that I DO NOT want to use my vacation time.

About two months ago, after my company converted to an online system, I sit down with one of my coworkers to go over the spreadsheet of my used vacation. It all looks very suspicious to me, but, again, it's all in Korean so I can't fully understand it, so I sit down with a Korean employee.

We work out that I have 9 days of vacation remaining. So over the next couple months I took a couple days off.

Well recently I got a new manager, so I was telling him about everything and he looked into it. This is when we discover that accounting had been paying me overtime for the 'extra' days I worked, and deducting my vacation time (and paying me) for the days that I did not work. According to their records I have taken 13.6 days of vacation, even though I am only allowed 10 per year.

Now it would not have been easy to verify this since the company has been very unreliable about sending me my paystubs, which are, of course, all in Korean.

It was also discovered that accounting initially deducted my vacation time for the days I used to go to Thailand on my visa run, EVEN THOUGH I WAS NOT LEGALLY ELIGIBLE TO WORK.

Initially I saw this as an accounting error and, frankly, not my problem. I didn't see how there was anything to discuss and just expected them to work it out. However, it doesn't look like that's going to be the case.

I am furious about this situation, but the company acts like it is no big deal and doesn't see the problem. I am also in the middle of contract negotiations for next year with them (though I have not signed anything yet), and they said that since I'm getting three weeks next year, they'll allow me to go ahead and use that vacation time now.

This actually strikes me as not only [probably] illegal, but also insulting.

Okay, so that's the first part. Here's part two:

My contract for this year states that I have ten vacation days PER CALENDAR YEAR. This sounds to me as though I have ten more days of vacation as of January 1st. Since my new contract would take effect on March 5th (my old contract finishes March 4th, even though I was working from early February), that would mark THE END of the first contract and a beginning of a new agreement.

In other words, according to my interpretation, I can use up all of those ten days between January 1st and March 5th, and then start with a clean slate on March 6th.

I hope someone can help me figure out how to best work this situation to my advantage. Like I said, a consultation with a Korean lawyer might be in order here, and I am willing to pay consultation fees. I am not a lawyer, but I have a master's in Public Administration and was a state Performance Auditor for a short time, so I know, at least in theory, how policies are SUPPOSED to work when it comes to running an organization.

I'm really not excited about working at this company again, but even less excited about the idea of flying all the way back home just to change to an e-2 visa, and then be back into teaching (which I honestly didn't enjoy that much, but I love living in Korea).

Thank you in advance.

[spliff]

LOL...that's funny!

[boyne11]

Dude, I feel your pain but negotiate with your boss for 10 additional days on top of 3 weeks of vacation for upcoming contract. If they don't agree, walk.

Involving a lawyer for 10 days of vacation isn't worth your time and money.

[stvwrd]

I understand what you're saying. That's why I'm just wanting a 1-2 hour consultation. I'd be willing to pay a couple hundred bucks for that, but don't want to get on the hook for millions of won in legal fees.

I guess the main reason I need a lawyer, as opposed to negotiation advice, is to address the point about my vacation re-starting at the beginning of the new calendar year, and then (hopefully) restarting again when the new contract takes effect.

And also, just in case this all goes to a whole new level.

I wouldn't care so much except for the fact that I was already screwed on vacation time once (because of my own lack of negotiating), and now I'm getting screwed (albeit accidentally) again. One of my co-workers cautioned me to "be nice" well, being too nice is what got me in this spot to begin with.

I was planning on going home for Christmas this year (though my plans changed when my brother got engaged and set the wedding for next Spring). I would have quit the job on the spot if they tried to tell me I couldn't have gone home for that.

[boyne11]

discussing with a lawyer for 1-2 hours ain't gonna solve your problem. you'll just be out 2-300 bucks.

i'm telling you from my experience dealing with lawyers. they'll either tell you off or pump you up with BS so that you'll spend additional money on your useless case.

contact the labor board and see what they say. if you file a complaint with labor board, the burden of proof is on you. i hope you have all the documentation to prove your case. if not, you're just SOL.

[stvwrd]

Good to know. Thanks.

I don't want to get anyone in trouble unless things really go south. Hmm, maybe I should invest in a digital voice recorder just in case... I was kinda thinking about doing that anyway for other purposes.

Anyway, thanks for the input.

[SuperHero]

[MarionG]

Calendar year, in law, usually means January 1- December 31.

[bassexpander]

Dude, if I were you, I'd develop a sudden death in the family, and just go home for the rest of your contract.