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what recourse if you don't get paid or release letter?

 
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last goodbye



Joined: 13 Aug 2006

PostPosted: Mon Oct 27, 2008 4:15 am    Post subject: what recourse if you don't get paid or release letter? Reply with quote

Anyone quit or get fired- not due to lack of merit, enthusiasm but problems with idiotic co-workers, etc..(where the boss takes their side)... and didn't get paid or a release letter? Have you heard it happening before, or often?

What's the recourse- being a legal worker with no complaints about performance- in fact praise not so long ago.... but things are getting too petty to stay... I hear you can go to the labor board. Has anyone done it? Does it work?

Any USEFUL replies (ie. where to look, who to contact, etc..) are appreciated... the others are not....
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Oct 27, 2008 5:02 am    Post subject: Re: what recourse if you don't get paid or release letter? Reply with quote

last goodbye wrote:
Anyone quit or get fired- not due to lack of merit, enthusiasm but problems with idiotic co-workers, etc..(where the boss takes their side)... and didn't get paid or a release letter? Have you heard it happening before, or often?

What's the recourse- being a legal worker with no complaints about performance- in fact praise not so long ago.... but things are getting too petty to stay... I hear you can go to the labor board. Has anyone done it? Does it work?

Any USEFUL replies (ie. where to look, who to contact, etc..) are appreciated... the others are not....


IF you were terminated BEFORE the 6 month mark the labor office will assist you with unpaid wages.

If you were terminated AFTER the 6 month mark they are required to give you 30 days notice or 30 days pay in lieu of notice. You can fight the illegal dismissal (not that you would really want to because if you win they send you back).

You need to go in to the labor office to file a complaint. You can get information from the labor info line - tel:Call for Foreign Workers : 031-345-5000

Your employer is NOT required to give you a LOR. This is an immigration not a labor board issue.

IF you want to work in Korea again (before your visa expires) AND they don't give you a LOR then you will have to go to immigration.
a) tell them you were terminated.
b) insist on an exit order.
c) leave and return.
d) find a new job and do a visa run.



.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Mon Oct 27, 2008 5:13 am    Post subject: Reply with quote

Yeah, LOR's are really not necessary, but they can make things easier. Immigration, however, will get to the bottom of it and figure out that you no longer work there. I worked at an after school program for WIN EDUCATION and they tried to screw with my pay. I gave them a hard time after that and they finally fired me. For me to get a new job, they just needed a statement from me outling the reason why I was fired. I think that WIN told them I quit at first. They gave immi a bunch of reasons why I quit or why I was fired (some bad stuff that wasn't necessarily false), but I told immi in my letter why I behaved in such a way. Not in too much detail, though. They were at fault and I was a fault due to their treatment. I got another job with no problem. I was only at that after school program from March until May and I started my new job at the end of June. I was given an exit order that let me stay in-country for 30 days after my last day of work for WIN (LOSE). I had to wait for documents, however, and needed to do a tourist-visa run before my docs came (criminal report/transcripts) from Canada. Then I needed to do a work-visa run. If I had had the docs on hand, I could've went for a wor-visa run as as soon as I signed the contract and immi processed the visa. That only takes a week or a little more.
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last goodbye



Joined: 13 Aug 2006

PostPosted: Mon Oct 27, 2008 5:27 am    Post subject: Reply with quote

Awesome info guys... thanks... not too worried now.

I just posted about getting a CRC from Canada. How'd you do it and how long did it take?

I will definitely get canned or quit... but have a very good reason if I have to justify it to immi. The program I work for doesn't hold my visa, the elem. school does, so I don't see why they shouldn't give a LOR (after school prog). So I should be able to stay on this visa. but, best to be safe. Thanks again...
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jadarite



Joined: 01 Sep 2007
Location: Andong, Yeongyang, Seoul, now Pyeongtaek

PostPosted: Mon Oct 27, 2008 5:33 am    Post subject: Reply with quote

I don't know your situation, but I don't like the visa run option. It will be on your dime (which is what, 7 cents now?). Take a moment and see if you really need to leave. Dealing with the Korean "uppers" is not fun, I know it.

If you wait it out, things get better than leaving earlier in your contract period. You will have less time to wait if you want a change schools. If you bring up severance and the return flight, your school owner is more likely to give you a LOR in exchange for not paying either of them. Then you just change locations with another school, and this will allow you to stay in the country. It's a smoother transition.

You, the old school, and the new school save on airfare since no one has to pay. You are in the middle of it, so you have the upper hand when selecting a school where the new school would otherwise have to fly in a teacher or pay for the visa run. You will also still be in the country, so you can do several face to face interviews and really be able to decide if the next school will be what you really want.

If you leave, you will miss out on these two important advantages and run the risk of being in the same boat you are in now with the second school, or you might even be worse off.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Mon Oct 27, 2008 5:38 am    Post subject: Reply with quote

last goodbye wrote:
Awesome info guys... thanks... not too worried now.

I just posted about getting a CRC from Canada. How'd you do it and how long did it take?

I will definitely get canned or quit... but have a very good reason if I have to justify it to immi. The program I work for doesn't hold my visa, the elem. school does, so I don't see why they shouldn't give a LOR (after school prog). So I should be able to stay on this visa. but, best to be safe. Thanks again...


I just posted about the CRC. I can get back to you on what details they need on the doc you send back home for IFS. I would get on getting the criminal check now. You will also need sealed university transcripts. Get two (or even more) just in case. You will need one or two, but I think it's good to get multiple sealed envelopes of your transcript sent. You never know when you'll need them again. I think you only need one if you're in-country. Anyway, looks like you have time. All you'll need in the end is a visa run. Remeber though that it takes immi at least a week to process your visa in order to get your issuance number.

Get these two docs from Canada NOW.

How long have you been at this job? How long, in total, have you worked in Korea?
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last goodbye



Joined: 13 Aug 2006

PostPosted: Mon Oct 27, 2008 5:41 am    Post subject: Reply with quote

Severance is 1/2 my pay and no airfare. So real leverage there. But, the company I work for doen't hold my visa, the elem. school I work for does and has no beef with me and therefore no real reason to not give me the LOR... especially if I tell them why I am leaving. Just being safe and covering all the "what if's". So, I think i'll be able to stay on the same visa. Mostly worried about the pay.
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last goodbye



Joined: 13 Aug 2006

PostPosted: Mon Oct 27, 2008 5:49 am    Post subject: Reply with quote

I have 2 sealed transcripts with me. Worked there since the end of May. been in Korea 5 years now, on and off- only since May this time.
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