Korean Job Discussion Forums

[dcwm81]

I am currently in a situation at work where I run the risk of getting fired, although that is highly unlikely. However, that being said, I just started a new contract (my second year) and my director has started making changes, mostly in the area of doing extra work for no extra pay in my free time. All of which is not written into my contract, and he admits that. He wants a favor. But, said do it or quit. If I quit, I forfeit 1,000,000 won from my final check to subsidize them finding a new teacher (written in my contract), but if they fire me, they cannot take a thing. Thus I am not doing his favor, and if he wants to fire me for not doing this extra work that is beyond my contract he can.

So my question is this:

How is my pension affected? For example, I know it is still going to be there, BUT, am I still going to be able to get if on my way out of the country if I do leave.

Second, is my Visa. I know he needs to release me from it if I want another job, but what are the odds he is a dick about it and doesn't release me from it if I do want another job in the near or distant future?

[TheChickenLover]

Ultimatums like that are very, very unprofessional. They cannot 'penalize' you for quitting. It's your right to leave your employer without any fear of reprisal.

This will not affect your pension at all. You paid into it, you can get it all back. I would personally let your contract expire & find a new job. The treatment like his is very much like extortion and is intolerable and very much a deal breaker.

Extra work is optional, not mandatory. Do not be intimidated.

If he fires you, then you're free to collect your pension & get another job. NO letter of release is required when he cancels your contract, hence firing you is your best option & a win/win situation for you. When you return, keep all your paperwork & file a claim with labour & contact the district office of education to inform them of what happened (through labour).

Chicken

[zizi]

I just want to say, good for you for sticking up for yourself. I'm not sure about the visa, you're probably a better judge of that. If you think it will be a problem, well, a lot of times it is. As for the pension though, that won't be affected as long as your boss has been paying in. You might want to check that. Good luck with your situation. Keep us posted.

[lastat06513]

Your pension should be fine, but I would try to find out how much is in it to begin with, to make sure your employer was indeed contributing to it while you were working there......pension is a government thing that should not messed around with by the school- though some schools claim to think they can......

As for doing "favors" outside of your contract without compensation.....unless you were a very good friend of the owner or have a personal stake in the hakwon, I would say "screw them"....do you think a Korean coworker would do some kind of teaching outside the classroom as a personal favor for you or your school?.........from my personal experience, the answer might be a big fat no, unless they are best friends of yours or the owner of the school....

[Scamps]

Your boss sounds like a knucklehead! The Korean labor law says that it's illegal to get someone to do something by intimidation. Contact immigration if he wants to continue this nonsense.

[Kimchieluver]

I have done extra stuff for hogwans though never out of iintimidation. I found out the hard way that it really doesn't pay off. I would get up very early on Friday and Saturday morning and hand out flyers at the local public schools. I would attend grand openings where I was just there as the token white guy and nobody would even talk to me. The director repaid me by trying to get out of paying my severance and airfare.

Korea Sparkling

[wylies99]

OP, sometimes getting fired isn't that bad. You get out of a bad situation and get to move on. Odds are you won't get fired because teachers are hard to find and many of the students/mothers are probably loyal to you, by now.

Still think it could happen if you stand up to the boss? My advice? Protect documents and save money in a safe account. If you are fired, GET IT IN WRITING. If it's just done verbally, and not in writing, keep on reporting to work until it is put in writing. Once you get it in writing, take it to Immigration ASAP and get your Visa cancelled so you can get another job. SOME immigration offices will cancel your Visa with only a termination letter.
Also, 30 day notice is required in Korea for termination. If your boss fired you (in writing) then they MUST pay you for the next 30 days or make a sttlement with you. If he refused to do any of this, then file with Labor for wrongful termination. You will need to do this in person at a local Labor office. Also, are you receiving your pension and health insurance? save your pay stubs to prove you've been paying in.

[wylies99]

[cbclark4]

Can you xfer schools with the regulations?

[dcwm81]

Thanks for all the input. I'll keep this updated if anything out of the ordinary happens, but I know what I need to do now if the "ddong" hits the fan.

[vdowd]

Hi - quick question about labour law. My contract says I must give 60 days notice before quitting and/or stay until they get a replacement teacher. However if I give 60 days notice and they find a replacement in 1 day - I am out with no 30 days pay - is that contrary to labour law?

Does labour law override a contract that des not follow labour laws? Example, they find a replacement in 1 day but must pay me 30 days pay?

Thanks for your insight in this matter.

[Nemo]

[Hotpants]

It's sad that having completed a whole year at the school, that your boss is treating you like this. Although it's easy to say in hindsight, I would tell anybody NOT to sign a contract that requires you as the teacher to forfeit a sum of money for a replacement teacher. That's a ridiculous arrangement and has red flags all over it. You can insist having such clauses removed from the contract (obviously, before you've signed it).

I would agree that your pension and tax payments will still be intact provided that your boss has been paying into them, although it's quite a task to claim them back without the help of a Korean to go through the forms with you and will be more difficult to be paid if you leave the country.

Whatever happens, keep it amicable. Why stoop lower than your boss? If you change jobs, you will unfortunately have to go through all the hassles of getting new paperwork, and might forfeit some money, but it's better to have him on your side - if that's at all possible in such a situation.

Good luck.

[Mi Yum mi]

Bang his wife. That'll get you fired faster than you could say Kimchee. You'll get a month off with pay too.

[Kimchieluver]