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robbyt
Joined: 14 Jun 2006
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Posted: Mon Sep 01, 2008 5:54 am Post subject: "cutoff time" for firing? |
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What is the latest into a contract an employer can fire an employee (for no good reason) without getting into trouble?
Without a substantial reason, it's illegal to fire in the 11th month, how about during the 9th or 10th months? I'm 8.5 months into my contract and I'm thinking of forcing my employer to pay into my pension. If I did so now, my boss may just want to give me the boot. Would I have any recourse in that case? Also, my contract says that either party must give 60 days notice prior to termination.
Thanks for any help or suggestions. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Mon Sep 01, 2008 6:04 am Post subject: Re: "cutoff time" for firing? |
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robbyt wrote: |
What is the latest into a contract an employer can fire an employee (for no good reason) without getting into trouble?
Without a substantial reason, it's illegal to fire in the 11th month, how about during the 9th or 10th months? I'm 8.5 months into my contract and I'm thinking of forcing my employer to pay into my pension. If I did so now, my boss may just want to give me the boot. Would I have any recourse in that case? Also, my contract says that either party must give 60 days notice prior to termination.
Thanks for any help or suggestions. |
Less than 6 months in they can terminate you without reason or recourse.
After more than 6 full months of employment they can terminate you but are legally required (Korean labor standards act - Article 26) to give you 30 days notice OR 30 days pay in lieu of notice. You are entitled to one or the other (his choice) - you don't get both.
http://english.molab.go.kr/data/LaborStandardsAct.pdf
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jellobean
Joined: 14 Mar 2006
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Posted: Mon Sep 01, 2008 9:22 pm Post subject: |
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If you just want the pension, you can wait. After you are in the 11th month (when he absolutely can't fire you), go down to the pension office and make a report. Just be sure that you have your share saved up to contribute. |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Tue Sep 02, 2008 12:45 am Post subject: |
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It DEPENDS if you are planning to leave Korea at the end of the end of THIS contract or if you want to try to find another school and do another year in Korea.
If this is ABSOLUTELY your only year in Korea, then you'd better "make your move" just after your 9th month.
If you plan to stay for another year, you can wait and maybe file at the 11th month or even after you find a new school and start at the new school.
I know it's hard to believe, but your NEXT school might require a good letter of recommendation from your current school. Other schools KNOW that the industry is full of rotten hagwon owners, but they STILL value a good letter of recommendation.
You'll have time to fight for your pension AFTER you get to that next school. |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Tue Sep 02, 2008 1:07 am Post subject: |
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ttompatz, are you 100% CERTAIN that there's no legal recourse for illegally terminated teachers with less than 6 months at their schools?
Even with under 6 months at a hagwon or school, the employer is STILL required to have paid into the pension for time worked. Correct? |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Sep 02, 2008 2:15 am Post subject: |
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wylies99 wrote: |
ttompatz, are you 100% CERTAIN that there's no legal recourse for illegally terminated teachers with less than 6 months at their schools?
Even with under 6 months at a hagwon or school, the employer is STILL required to have paid into the pension for time worked. Correct? |
a) 95% certain - there were some changes last summer that I have not seen nor am I up to date on the latest presidential decrees.
b) correct. |
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