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Scamps

Joined: 01 Feb 2008
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Posted: Thu May 08, 2008 12:51 am Post subject: No More 30 Day Notice |
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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...  |
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icicle
Joined: 09 Feb 2007 Location: Gyeonggi do Korea
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Posted: Thu May 08, 2008 12:54 am Post subject: |
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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) ... |
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Ramen
Joined: 15 Apr 2008
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Posted: Thu May 08, 2008 12:57 am Post subject: |
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I concur! |
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ED209
Joined: 17 Oct 2006
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Posted: Thu May 08, 2008 1:25 am Post subject: |
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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. |
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Scamps

Joined: 01 Feb 2008
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Posted: Thu May 08, 2008 1:31 am Post subject: |
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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. |
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Ut videam

Joined: 07 Dec 2007 Location: Pocheon-si, Gyeonggi-do
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Posted: Thu May 08, 2008 1:53 am Post subject: |
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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.
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Dome Vans Guest
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Posted: Thu May 08, 2008 1:54 am Post subject: |
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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. |
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RJjr

Joined: 17 Aug 2006 Location: Turning on a Lamp
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Posted: Thu May 08, 2008 1:56 am Post subject: |
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He needs to protest the ruling.
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Ut videam

Joined: 07 Dec 2007 Location: Pocheon-si, Gyeonggi-do
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Posted: Thu May 08, 2008 1:56 am Post subject: |
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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.
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Thu May 08, 2008 2:06 am Post subject: Re: No More 30 Day Notice |
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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...  |
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....!!!! |
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Draz

Joined: 27 Jun 2007 Location: Land of Morning Clam
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Posted: Thu May 08, 2008 1:41 pm Post subject: |
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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!) |
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prairieboy
Joined: 14 Sep 2003 Location: The batcave.
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Posted: Thu May 08, 2008 5:52 pm Post subject: Re: No More 30 Day Notice |
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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...  |
Just one name:
Lee Myung-bak |
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VanIslander

Joined: 18 Aug 2003 Location: Geoje, Hadong, Tongyeong,... now in a small coastal island town outside Gyeongsangnamdo!
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Posted: Thu May 08, 2008 6:09 pm Post subject: |
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RJjr wrote: |
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*beep* me... I have that exact style of underwear |
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Ilsanman

Joined: 15 Aug 2003 Location: Bucheon, Korea
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Posted: Thu May 08, 2008 10:46 pm Post subject: |
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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. |
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Summer Wine
Joined: 20 Mar 2005 Location: Next to a River
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Posted: Fri May 09, 2008 12:37 am Post subject: |
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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. |
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