Korean Job Discussion Forums

[BallsMcGrady]

I shall try to keep my story as brief as possible. My coworker was fired for missing too much work. They told him that he was fired and had to leave right away. Many people on this website have mentioned that an employer needs to give a foreigner 30 days notice of termination, and if they don't the employer must pay the person 30 days worth of salary. Apparently this is part of the Labor Standards Act. My source for this is efl-law.com. Is this actually true? What are his options?

Edit: When I say missing too much work, I actually meant that he was late for work by about 10-20 minutes on four or five occasions.

[i_teach_esl]

i think he would have to check his contract? i know that mine says i can be fired at anytime with no notice. which sucks, yeah, but at least they told me about it.

have him hook up a recruiter to help him get a new job.

[mrsquirrel]

[BallsMcGrady]

[Dome Vans]

There's no options.

He got fired. The chances available are probably nil for compensation. Move on.

*Some contracts don't even have notice period in.
*Some contracts have tardiness down as a fireable offence without notice.

I'm sure after the first few times the employer would have told him it was unacceptable, or your friend should have realised to buck up his ideas. To carry on doing it is just dumb. It is a business they're running.

Chalk it up for him and hope he finds an alarm clock that wakes him up.

[BallsMcGrady]

[mrsquirrel]

I believe that he is still protected by the 30day law. Don't see why not.

[Dome Vans]

The hassle that would be involved with that is evident if you read the sticky above about how to legally hammer your hagwon boss into submission.

The Labour law's here don't really favour the employee. The Labour law says that they should give a minimum thirty day notice period. Your contract might say something different, it might say that you give 60 days and your boss gives you none. You signed it, even if it contradicts labour law, getting a decision favourable to your friend just isn't worth it.

*some clauses say that you are on a probationary period for six months and can be fired within six months without notice
*some clauses say that repeated tardiness is a sackable offence without notice. The fact that he was late 4-5 times means that he would stand little chance of getting any money out of this. He may have received verbal warnings but was still late.

Native teachers fight harder to get money out of their employer for even more serious offences than lateness and lose or just give up. It sounds like your friend was fired for a reason. There's little reason to stand around pointing at the contract or Labour Law on this one.

[Lekker]

[mrsquirrel]

Do they not have gross misconduct clauses here which results in instant dismissal?

[BallsMcGrady]

[DongtanTony]

The vast majority of contracts will have clauses that outline the types of offenses that are grounds for immediate termination.

If tardiness is one such offense, you will have difficulty convincing the labor board otherwise.

Should the 30 days apply for something like tardiness....yes, probably.

But if your contract says different, they have the right to fire you, or your friend...immediately.

As far as rushing your friend out the door...they've probably already started looking for their replacement...and they want their money back from your "muppet" friend.

But yeah I agree...tardy to work that many times...what did your friend think was going to happen?

[ED209]

Your co-worker can contact labor on 1350 and file with them a complaint in person. Employers have to give 30days notice or 30days pay. They can't make deductions unless you've already signed away on this(check your contract). Sometimes it's not worth the bother but if he wants to fight he can do this.

Oh, and you're next.

[captain kirk]

After six months of service 30 days notice is required. No 30 days notice, instant firing= employer must pay one month's pay. Before a teacher has reached the six month mark no notice is required.

[BallsMcGrady]