Korean Job Discussion Forums

[miiooan]

Alright, short version of the story is: I have less than 8 weeks left in my contract, and I was let go without warning.
That was January 5th.
There was no justification given, just a "get out."

Where are all the cool links and advice columns on the ESL cafe?
Any and all advice, and some snark, is welcome!

-- Mark

[miiooan]

Here's the longer story:

When I was let go, my boss told me that too many children quit at once. Actually, we did lose about a third of our elementary students to a new hagwon, but there are other reasons she wants me out.

The main concern is health care. I have it in my contract, but my boss has never provided it. I ask for it at least once a month, very nicely, but I'm always told to wait, that she was working on it. That wasn't enough reason for me to want to quit, but last month I had some eye trouble, and the hospital visit was almost 1 million won. I told my boss that I would like help paying this, and that I needed health care, and that's when our relationship became very cold. (again, I asked very nicely.)
She told me that at this point, she can't provide health care, as she would have to pay all 10 months in back pay. I would have to provide back pay too, but as it would be less than the 1 million I already spent, I am okay with that.
And then there's pension. She told me that if she got me healthcare, she would have to pay pension too. (a lot of cash at once.)

Next. I had my vacation from December 26 until January 4th. I came into the office on January 5th to find a Korean teacher at my desk. I wasn't given any warning, just told to please leave and be out of the apartment in 2 days. I'm still in the apartment. I told them I would stay until this is resolved. (Side question: Any chance I could come home to an apartment that has been cleaned out?)

My former recruiter has been "helping" me. He struck some deals with my boss that I didn't agree to.
Basically, he's talked her into about half of what I think I'm owed. (she's not paying me my vacation time, etc.)

Here's what's left in the contract, or what I think I'm owed:

Work for the month of December, 2.3
Work for Jan & Feb (not completed) 4.6
Severance pay, 2.3
Airfare home -- going rate to South Carolina?
Some assistance with my medical bills (500k would be nice?)

I would settle for December, Severance, healthcare, and a ticket home. They want to pay me just under 4 million won and be done.
I told them 7.3, but I was just throwing the number out there. What number should I be bargaining at?



Some other notes:

Children didn't quit the hagwon because of me. I think the main reason is new competition in this area. But also, my hagwon is old, and we have a SERIOUS cockroach infestation. I kill at least one cockroach a day there.
Someone on the contract thread can give me an "I told you so" for telling me that this hagwon wasn't worth my time. Should have listened!
I've been in Korea over a year and a half, and I know that you get ahead better by being nice and calm than by going crazy. So far, I've been very calm and polite in all these dealings. I don't plan on yelling, going crazy, or getting bent out of shape over this. It's not my style.
Lastly, I don't trust my boss or the recruiter, but the recruiter told me that she will go out of business if she pays out all her obligation. I don't like this lady, but I don't want to ruin her either. Is there any worth in his argument?

[Ramen]

[moosehead]

hakwon owners/directors will cry a river whining about paying their obligations - note the key word here is OBLIGATIONS.

students often change hakwons over break - not uncommon.

it's good you are staying calm - but - maybe a little anger is not just justfiied but healthy ?

anyway - call 1350 - labor, wait for the E message - talk to them, they'll tell you then and there what office to go to.

take your contract and any paperwork your employer has given you (if any). take pay stubs or other records of payment showing what has and has not been deducted. make sure you have the school's address before you call so they can direct you to the correct Labor office.

as for your apt - yes, you'd best be making other arrangements no matter what and certainly remove anything of value IMMEDIATELY.

you've been given the royal screwing, without a doubt. expect things to be difficult.

Korea Cheating!

[Whistleblower]

I would recommend that you approach the Pension Service and offer to pay your half of the pension. Next, approach the labor board and tell them that you have been fired without any notice. By law your employer is meant to provide you with 30 days (1 month) notice and if not, they are required by law to pay you the rest of the 30 days notice.

I think the Labor Board would be willing to help you as you have been fired 10 months in your contract and they would nail your employer. The Pension Service will be fining your employer and from now on (as you haven't received any written notice) continue to go to work and sit in the office. Remain in your apartment (change the lock or entrance number) and you are free to stay there. The fact that your employer hasn't provided any written notice nor any justification, you are still employed.

Keep going to work, mention that you have contacted the Pension Service and Labor Board. Just sit there reading a book at the school.

I feel sorry for you but please update everyone to let us know how you get on.

[wheredowego]

Don't sign anything. Nothing at all. Absolutely nothing. You're still legally employed until your employer files with immigration that they fired you. Chances are they won't do this. Even if you come to some agreement with your school, don't sign anything. Similar thing happened to me. I signed something, and that took away my chances of pursuing legal action.

According to Korean law, if you are fired without 30 days notice, your employer is obliged to pay to an extra month's wages. I'd get a friend who speaks Korean to go with you to the labour board and file for the money they owe you. I think you can find the address of the closest office on www.galbijim.com. Keep in mind that (at least as I was told when I went) they will only go after money that you are owed for time worked--this won't include your plane ticket, severance or pay for the months you have not yet worked.

From my experience, firing someone so late into their contract may or may not be illegal. It depends on who you talk to and whether or not they want to help a foreigner. Kangnam Labour Law Firm will help you deal with legal issues and advice. They have English speaking staff.

There's a hotline you can call for labour advice in English: 1350
Also, the Seoul Global Healp Centre might be able to help you.

If your schook hasn't paid your health care, they haven't paid pension or taxes either, which is all illegal. You might want to contact those offices separately and report them; maybe the labour board will do it (if they'll do anything, which they wouldn't in my case). I'm not sure.

Remember, this is Korea and most officials will individually choose which regulations and laws apply. Good luck.

[TheChickenLover]

Nothing new here nor unexpected. Did you 'really' think they would give you your airfare/sec/salary on your last month?

http://forums.eslcafe.com/korea/viewtopic.php?t=143888

[miiooan]

[TheChickenLover]

[afsjesse]

OP, the IaninIlsan thread would do you some good! Search for the author, it should come up.. hopefully!


Chicken: Maybe it's just me, but everytime I read something you write it seems like your getting cocky. Not that that's always bad, but a little sympathy for the noob wouldn't hurt. Perhaps you've been Sparkled!

[miiooan]

[miiooan]

[afsjesse]

You may lose the noob status on the next Lunar Leap Year!

FYI: I'm sorry I called you that. I'm a noob still. I've only been in Korea for 15 months. VIVA Los Noobs....

[miiooan]

[afsjesse]

I'll personally promote you to Gum-shoe!