Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

No More 30 Day Notice
Goto page 1, 2  Next
 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
Scamps



Joined: 01 Feb 2008

PostPosted: Thu May 08, 2008 12:51 am    Post subject: No More 30 Day Notice Reply with quote

My friend was just fired on the spot. He wasn't given 30 days notice. He thought he was up on the law and he thought he was right. He only had 1 month until finishing his one year contract. He went to the labor board and guess what? There's a new law!! Employers are no longer required to give 30 days notice or even any notice at all. That's right, it's not fair but it's totally legal to be fired on the spot nowadays.
Just thought I'd pass on this joyous news... Sad
Back to top
View user's profile Send private message
icicle



Joined: 09 Feb 2007
Location: Gyeonggi do Korea

PostPosted: Thu May 08, 2008 12:54 am    Post subject: Reply with quote

I would suggest that he goes and gets a second opinion from Labour... They have been tough in the past on 11th hour firings (ie firing in the final month of a contract) ...
Back to top
View user's profile Send private message
Ramen



Joined: 15 Apr 2008

PostPosted: Thu May 08, 2008 12:57 am    Post subject: Reply with quote

I concur!
Back to top
View user's profile Send private message
ED209



Joined: 17 Oct 2006

PostPosted: Thu May 08, 2008 1:25 am    Post subject: Reply with quote

Sounds he was fobbed off or misunderstood what was being said.
You boss has choice 30days notice, or less(could be 0days) but has to pay the employee for the rest of the 30day period.

Your friend is owed 30 days pay, the labor board may also award them severance and airfare since the bosses actions are obvious.
Back to top
View user's profile Send private message
Scamps



Joined: 01 Feb 2008

PostPosted: Thu May 08, 2008 1:31 am    Post subject: Reply with quote

Yes, he was paid up until he was fired and given severance pay but that's not really the point of my post. I just wanted to inform you all of this new law which makes it legal to fire employees without any notice whatsoever.
Back to top
View user's profile Send private message
Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Thu May 08, 2008 1:53 am    Post subject: Reply with quote

Scamps, the Labor Standards Act still says that an employer cannot fire without cause, and must give 30 days' notice or 30 days' pay in lieu of such notice.

The Act, however, contains an exemption for monthly-paid workers (that'd be almost all of us) who have been employed for less than six months. If your friend wasn't at his job for at least six months, his employer is not required to give notice.

.
Back to top
View user's profile Send private message
Dome Vans
Guest




PostPosted: Thu May 08, 2008 1:54 am    Post subject: Reply with quote

Agreed get a second opinion from Labour.

But: It depends what he was fired for? Some of the immediate dismissal offences are outlined in the contract. If he committed an offence that was fireable directly then there is no notice period.

Any chance of telling us what reason the boss gave, rather than just saying there's a new law in force? Might help a bit more with advice. If not just go to another Labour employee and mention that it was an 11th month firing.
Back to top
RJjr



Joined: 17 Aug 2006
Location: Turning on a Lamp

PostPosted: Thu May 08, 2008 1:56 am    Post subject: Reply with quote

He needs to protest the ruling.

Back to top
View user's profile Send private message
Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Thu May 08, 2008 1:56 am    Post subject: Reply with quote

I would suggest that the OP's friend contact a labor advocate. Check out the sticky on "How To Legally Hammer Your Hagwon Boss Into Submission" for details.

.
Back to top
View user's profile Send private message
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu May 08, 2008 2:06 am    Post subject: Re: No More 30 Day Notice Reply with quote

Scamps wrote:
My friend was just fired on the spot. He wasn't given 30 days notice. He thought he was up on the law and he thought he was right. He only had 1 month until finishing his one year contract. He went to the labor board and guess what? There's a new law!! Employers are no longer required to give 30 days notice or even any notice at all. That's right, it's not fair but it's totally legal to be fired on the spot nowadays.
Just thought I'd pass on this joyous news... Sad


He was fobbed off....

He should file a complaint (not just an inquiry) for unjust dismissal and should read up on the current law (articles 24, 26, 27, and 35 of the labor standards act. http://english.molab.go.kr/data/LaborStandardsAct.pdf

If he gets the run around again, go up the chain to the clerk's boss or go to another office. Also, don't afraid to quote the labor act (section and subsection) if the clerk tries to avoid dealing with the foreigner.

Don't get angry, get even....

30 days pay in lieu of notice, + 30 days pay for the annual severance, + the return airfare AND a letter of release (all legal or contractual entitlements).

Then, if he is from Canada or the US, go to the pension office and file for the pension refund. No pension? File a complaint, pay your overdue/back payments and let them go after your old boss. It is worth another million out of his pocket (+ any fines or other problems he may encounter for cheating the pension plan).

Then, (I assume you were paying more than 1.8% for your tax rate. Get ahold of the tax man and file formal complaints for being overcharged on your taxes (and get a refund for the balance).

The tax man, when pushed to do their job, can be even more daunting to the cheating hakwon owner and cause them real grief.

Don't get angry, get even....!!!!
Back to top
View user's profile Send private message Send e-mail
Draz



Joined: 27 Jun 2007
Location: Land of Morning Clam

PostPosted: Thu May 08, 2008 1:41 pm    Post subject: Reply with quote

Scamps wrote:
Yes, he was paid up until he was fired and given severance pay but that's not really the point of my post. I just wanted to inform you all of this new law which makes it legal to fire employees without any notice whatsoever.


That law isn't new. The boss is still wrong to fire in the 11th month, but the law is not new. 30 days notice or 30 days pay. (I'd rather have the PAY myself!)
Back to top
View user's profile Send private message
prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Thu May 08, 2008 5:52 pm    Post subject: Re: No More 30 Day Notice Reply with quote

Scamps wrote:
My friend was just fired on the spot. He wasn't given 30 days notice. He thought he was up on the law and he thought he was right. He only had 1 month until finishing his one year contract. He went to the labor board and guess what? There's a new law!! Employers are no longer required to give 30 days notice or even any notice at all. That's right, it's not fair but it's totally legal to be fired on the spot nowadays.
Just thought I'd pass on this joyous news... Sad


Just one name:

Lee Myung-bak
Back to top
View user's profile Send private message
VanIslander



Joined: 18 Aug 2003
Location: Geoje, Hadong, Tongyeong,... now in a small coastal island town outside Gyeongsangnamdo!

PostPosted: Thu May 08, 2008 6:09 pm    Post subject: Reply with quote

RJjr wrote:


*beep* me... I have that exact style of underwear
Back to top
View user's profile Send private message
Ilsanman



Joined: 15 Aug 2003
Location: Bucheon, Korea

PostPosted: Thu May 08, 2008 10:46 pm    Post subject: Reply with quote

If the contract says he gets the notice, then he gets it. True, contracts can not supercede the law, but giving notice certainly isn't illegal.
Back to top
View user's profile Send private message
Summer Wine



Joined: 20 Mar 2005
Location: Next to a River

PostPosted: Fri May 09, 2008 12:37 am    Post subject: Reply with quote

The guy in the underwear is one smart S.O.B.

No way they can shoot him in public and cover it up as if he has a concealed weapon. The whole world knows he doesn't. Unless his ex wife turns up and claims it shoots at 100 x the required ratio.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Goto page 1, 2  Next
Page 1 of 2

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International