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Anyone been to the labour board to settle a dispute?
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last goodbye



Joined: 13 Aug 2006

PostPosted: Thu Mar 19, 2009 8:02 am    Post subject: Anyone been to the labour board to settle a dispute? Reply with quote

I have to go next week. Anyone know what happens? I hear the 2 parties go in front of some kinda "judge," plea your cases, show documents, etc.. and at the end they give a decision. Anyone know, any advice?
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jlb



Joined: 18 Sep 2003

PostPosted: Thu Mar 19, 2009 4:40 pm    Post subject: Reply with quote

Been there. I won, but the labor board doesn't have a lot of power to enforce their rulings. You have to go even higher. Anyway, my hagwon just wanted it done and so did I, so I agreed to a little bit less just so I could leave the country and not have this hanging over my head anymore. And the hagwon doesn't even have to show up at the appointed time, since there's really no penalty for not.

So what I'm saying is this: Be prepared for it to drag on for weeks/months. And bring a Korean translator of course.
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last goodbye



Joined: 13 Aug 2006

PostPosted: Thu Mar 19, 2009 4:56 pm    Post subject: Reply with quote

So did you represent yourself? I will, but wanna speak to a lawyer first- to go over the contract and the laws.

What did you take with you to the meeting? HOw many times did you have to meet and how long did the whole thing take?

I was canned for "not signing another contract" and have it written in an email- so it seems pretty cut'n'dry there. Now it's a matter of what that entitles me to- as it doesn't say on the contract. So, I want 1 moths pay and most of my severance (as I worked there 10 months).
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goesslry



Joined: 19 Jun 2007

PostPosted: Sun Mar 22, 2009 5:04 am    Post subject: Reply with quote

then you have nothing to worry about. you don't need a lawyer. just bring a korean translator. I've gone through it and won. Most all teachers win. The labor board is fed up with hagwons taking advantage of foreigners. Anytime a contract is changed, it makes the previous contract null and void, so you could quit right there. If you have the email in writing, you will be fine. They are pretty neutral to everything, so if you are in the right, don't worry.
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last goodbye



Joined: 13 Aug 2006

PostPosted: Sun Mar 22, 2009 6:46 am    Post subject: Reply with quote

I am definitely in the right. I saw a lawyer and he said I should win too, but that it'll take 2-3 months. . I don't care about the time, I can wait. How long did it take you? I am just worried they will worm their way out somehow.He also said these hogwon types make a lot of probs and don't know the laws and are now getting screwed for it.

Tell me more about the process. The lawyer said after the first meeting, it's pretty much us bargaining on paper via the labour board. Did you ever actually go to court? How was it settled?
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Trip



Joined: 28 Dec 2008

PostPosted: Sun Mar 22, 2009 7:54 am    Post subject: Reply with quote

There's a sticky about this and a Midnight Runner podcast.
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Countrygirl



Joined: 19 Nov 2007
Location: in the classroom

PostPosted: Sun Mar 22, 2009 1:16 pm    Post subject: Reply with quote

My husband has been there twice. He's Korean and he's been screwed real bad by hogwan owners/bosses/jerks. Hard to believe but us foreigners are actually treated better than Korean workers.

The labour board works hard to get workers decent compensation. Also, most hogwan owners are so arrogant that they always get caught in the lies they tell.

The last hogwan that my husband brought to the labour board had been there enough times that the labour board started it's own investigation of the hogwan.

Just bring your email printout and any other documentation or dates of what happened and go from there. The labour board will tell you exactly what you have to do next.

Also, why don't you ask for some of the airfare since that should have been calculated in the last six months of your job? Otherwise the hogwan owner still saves money on firing you.
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last goodbye



Joined: 13 Aug 2006

PostPosted: Sun Mar 22, 2009 6:24 pm    Post subject: Reply with quote

Airfare wasn't part of the deal. I signed it here in Korea. I will ask for 2 months pay, severance and the "annual paid leave" (anyone know how to say this in Korean?).

I was told that for the first meeting, I only have to bring my "demands"- but not proof-i.e. emails, etc. That comes later, when the paper work starts flying back and forth.
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jdog2050



Joined: 17 Dec 2006

PostPosted: Sun Mar 22, 2009 8:38 pm    Post subject: Reply with quote

last goodbye wrote:
Airfare wasn't part of the deal. I signed it here in Korea. I will ask for 2 months pay, severance and the "annual paid leave" (anyone know how to say this in Korean?).

I was told that for the first meeting, I only have to bring my "demands"- but not proof-i.e. emails, etc. That comes later, when the paper work starts flying back and forth.


I was in the midnight runner podcast:

Bring everything now, but not enough to overwhelm the case-worker. I.e., just the facts, and only what pertains to labor (things like health insurance, pension and tax are out of their jurisdiction).

Get your complaint translated into Korean, and bring a Korean friend along if you can't speak the language, because they will not speak English more than likely.

Also, the initial meetings will NOT take place in front of a judge. You will have a case-worker. The court case only happens MONTHS later, if your hagwon is being absolutely obstinate. If it goes in front of a court you will get paid the entire remainder of your contract, so no owner wants that.
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last goodbye



Joined: 13 Aug 2006

PostPosted: Sun Mar 22, 2009 11:24 pm    Post subject: Reply with quote

Jdog... You saying I should bring stuff like emails (translated into Korean) I have from my boss- ones that give the (lame) reason for firing me, telling me not to come to work anymore, etc? Anything else you recommend?

I have my "demands" in Korean and will take someone who can speak both.
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jdog2050



Joined: 17 Dec 2006

PostPosted: Sun Mar 22, 2009 11:29 pm    Post subject: Reply with quote

last goodbye wrote:
Jdog... You saying I should bring stuff like emails (translated into Korean) I have from my boss- ones that give the (lame) reason for firing me, telling me not to come to work anymore, etc? Anything else you recommend?

I have my "demands" in Korean and will take someone who can speak both.


Yes. The most important things would be:

1. Your Contract
2. Your complaint typed in korean
3. Any proof your boss is violating the contract
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last goodbye



Joined: 13 Aug 2006

PostPosted: Sun Mar 22, 2009 11:46 pm    Post subject: Reply with quote

Cool, I have those!!!

HOw long did your case take? How far did it go and what did you get?
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jdog2050



Joined: 17 Dec 2006

PostPosted: Mon Mar 23, 2009 12:36 am    Post subject: Reply with quote

last goodbye wrote:
Cool, I have those!!!

HOw long did your case take? How far did it go and what did you get?


Listen to the podcast:

http://midnightrunner.mypodcast.com/2009/01/Unpaid_Teacher_Takes_Boss_To_Labor_Board_and_Wins-177661.html
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wylies99



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

PostPosted: Mon Mar 23, 2009 1:22 am    Post subject: Reply with quote

Many Hagwon owners don't show up at the hearings. Make sure you get to present your case even if the owner isn't there. If you show up with a written statement (in Korean) and the contract, you should be fine. Also bring along your updated bank book to prove that no deposits were ever made to your account. Sometimes teachers even have text messages from their employers. Bring your phone to show the Labor official. They may make you sign a statement about the text messages, but those are admissible as well as copies of emails.
Make sure you bring a stamp to seal your statements for the Labor official.

Also, make sure you justify everything you're requesting- financially. You should itemize it and list it on a separate page to make it easy for the Labor official, like this- (In Korean, of course)

Wages owed- 4.5 million won
Illegal firing- 2.5 million won
Flight ticket reimbursement- 2 million won
___________
Total- 9 million won

You WON'T receive money for "pain and suffering" no matter what anyone in an Itaewon bar may claim. You can only win for actual money owed to you that you can prove.


BTW, it won't be very formal. There are many other Labor officials all in a the large room, with other cases being heard at the same time. I was in the middle of a hearing when an angry migrant worker "flipped out" on a Korean employer.
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wylies99



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

PostPosted: Mon Mar 23, 2009 1:28 am    Post subject: Reply with quote

Trip wrote:
There's a sticky about this and a Midnight Runner podcast.


Sticky about Labor hearings? Where? If you make a claim, then post a link.
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