Korean Job Discussion Forums

last goodbye · Joined: 13 Aug 2006

So, the company I work for just sent me an email saying that I no longer have to go to work- and they would "help" me get a release letter. Their reason is "because I wouldn't sign another year contract." Crazy, huh? I actually sent them an email that they didn't reply to asking about the new contract.

The real reason is because I don't get along with my nasty co-teacher because she is a terribly angry person who brings all her crap to class to "share" with the other teachers and kids- who she used to yell at uncontrollably everyday and even hit sometimes.

I have quit 2 times and they asked me to stay both times. They also offered another contract.

I have written an email, but haven't sent it saying that basically that is wrongful dismissal. They have to give 30-days- and a valid reason. The I said I would leave in 1 week, if they gave me all my pay and 10/12ths of my severance ( I have been there 10 months), along with the release letter before the end of the last day.

Anyone been in a similar situation? What happened, any suggestions?

DavePuff · Joined: 01 Jan 2005 Location: Daegu, South Korea

Wow! They really want to get rid of you, don't they? Sad

They found someone to replace you already? I can't see it being much fun wanting to stay when you're clearly not wanted.

wylies99 · Joined: 13 May 2006 Location: I'm one cool cat!

10 months? Why not stay and finish your contract? Just tell them "no dice" and you want to finish the contract and get everything owed to you.

last goodbye · Joined: 13 Aug 2006

Being entitled to something here doesn't mean you will get it- or get it without lots of BS.

I would prefer to stay until the end, but if I can get out earlier, with less crap, it's better!!

Beej · Joined: 05 Mar 2005 Location: Eungam Loop

Just keep showing up to work until you get this resolved and money in hand. Otherwise they will say you quit and wont have to pay for severenace and airfare.

ontheway · Posted: Thu Mar 12, 2009 7:33 am Post subject:

Your only hope is in your contract and your employer's good intentions. If your contract requires 60 days notice, then you have a chance to get your severance and airfare.

The law requires your boss to give you 30 days. They do not have to let you work those days - they are just required to pay you. Since they have terminated you immediately, that will leave your pay one month short. You may be able to collect that someday.

30 days notice still leaves you at the 11 month mark. They do not have to give you any severance pay or airfare money. Unless it's in your contract, or your employer wants to be generous you are SOL.

Time to get out there and find your next job, in Korea or elsewhere. They promised you a letter of release, so you'd better use it. Find a new job and pursue the month's pay they may owe you later.

Aside from the main issue: Were you covered by health insurance? Were your pension and taxes withheld correctly? You may have other issues and options to pursue.

last goodbye · Joined: 13 Aug 2006

The job "gave" nothing except a visa; no med, no paid vacation, severance is only 1/2 month's pay, and they withheld no taxes.

They have no good intentions.

They still need a good reason to fire me- which they haven't "officially" done yet- they sent an email saying "you don't need to go to the school anymore." The reason they gave isn't valid, and firing me this close with no real reason, I think, would give me a good "case" with the min. of Lab. (it should, but....).

PigeonFart · Joined: 27 Apr 2006

Name and shame them.

poet13 · Posted: Thu Mar 12, 2009 5:26 pm Post subject:

losing_touch · Joined: 26 Jun 2008 Location: Ulsan - I think!

last goodbye · Joined: 13 Aug 2006

I pay for my own health insurance, and I am expecting to have to pay taxes- but hoping I won't.

I am just wondering if the ministry of labour here would actually intervene and do something that would make them honor the contract and pay all the money they owe (i.e. severance, which is worded as a "bonus" for good behavior.)

QbertP · Joined: 02 Feb 2007 Location: Seoul

He may be tax exempt. Also he has a decent chance of getting his goods since the job seems to be in violation of the labour laws, tax laws, and probably pension laws. The fines the job is facing are much higher than whatever they owe the op. Check out the legally hammering your hagwaon into submission thread.

poet13 · Posted: Thu Mar 12, 2009 5:44 pm Post subject:

Having your own insurance is great, but don't expect for a second that the Korean government would have to sense to accept it as valid. More likely they would demand that you have their insurance too.

The board of labor does frown heavily on 11th month firings...so that's in your favor....but you have to do the leg work yourself. You have to go to your local office and file the complaint. A phone call doesn't count.

You should also get your firing in writing.

last goodbye · Joined: 13 Aug 2006

I have Kor health ins.

I just got another email saying that I don't have to go to work anymore and that both my co-teacher (the main problem) and I are both "not hired anymore."

I sent them another mail asking about my severance, release letter and pay for this pay period; I also reminded them we have a contract and that they would still have to pay me for today(if I don't work) under our contract, and that I would go to the labor board.

I am just curious what will happen to my visa now...

asams · Joined: 17 Nov 2008

like someone else said - keep going to work - get a letter stating you were fired, but don't sign anything

get to the Labor Board ASAP