Korean Job Discussion Forums

[zimmerman]

Hi, everybody!

Hate to bring up old news for people who have read my previous post but I would really appreciate any advice. I was fired in Pusan after two weeks, and they wanted me to sign a letter of resignation. I told them I wasn't resigning, and showed them the Labor Law saying that I must get a month's pay if I'm fired on short notice.

The contract says if the contract is terminated for any reason the employer will not qualify for "benefits such as severance and airfares." So they are going to take the money for my flight over. However, they are agreeing to give me the rest, which I think would be about around 1 million won, after they deduct the apartment expenses.

They are a chain and apparently have a system that they are insisting on. What they are calling a "contract," which to me looks like just a letter of termination of the contract I had with the school, they are insisting on me signing.

Originally I refused to sign anything, but the truth of it is, they are already going to take my airfare, it's in the contract, and if I get difficult I doubt I will get my million won and will leave the school on bad terms, which I fear might screw me up with the next employer. I'm mostly concerned about the money.

So I said, maybe I'll sign if the wording does not suggest I willfully left and if it clearly says that I was terminated by the decision of the school. They sent me a "contract" but I didn't like the wording and asked them to change it. They revised it and below is what they gave me through email. They want me to give them word if it's o.k. so they can finalize it. This is the head office I'm talking to, not the school I worked for.

Maybe they can change the wording after I sign and use it to hold against for some reason. But If I get a signed copy for my own records, I think it would give me some protection against that. But I don't see why they would. They will be getting the airfare and getting the deductions from the apartment, utilities...ect.

So should I just sign the damn thing, get the remaining money and be over with this? Or is there something going on here I don't know?

I have received advice in the past about not signing anything, but I think what's below looks reasonable, and like I mentioned already, they are going to take the airfare anyways. At least this way I will end up with a possibly decent reference and a little money in my pocket. I need the money to move to Seoul and get another job.



AGREEMENT

This Agreement made and entered into this 7th day of April, 2009, by and between ******( will be called �employer� hereafter)and ****** (will be called �employee� hereafter)

The parties hereby mutually acknowledge and agree that:

1. On Jan.22, 2009, the parties entered into a contract, which is attached and marked Exhibit A.

2. The employer wanted termination of that contract.

For the reasons set forth above, the parties agree as follows:

1. Employ pays a month salary (effective from Mar.16, 2009 to Apr.15, 2009) to employee on Apr.15, 2009.

2. Initial air fare that employer paid to employee before is deducted from a month salary.

3. Employee leaves provided house on Apr.16, 2009. Any expenses related to provided house (e.g. management expenses, utilities etc) during employee�s staying is deducted from a month salary. Employee has also responsibility to restore to the original state of the house.

4. Employer and employee go to immigration office together to submit termination of employment on Apr.16, 2009.

5. Employee signs a receipt for the payment.

Therefore the parties hereby rescind the aforementioned contract effective as of this day first written above. This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Neither party shall have any further rights or duties thereunder.

This agreement shall be enforced under the laws of the Korea. This is the entire agreement.



[Employer] [Employee]

_________________________________
_____________________________

[signature above/typed name below] [signature above/typed name below]

[OculisOrbis]

DONT SIGN IT!!!!

If you have a claim at labor board then signing that means it will be difficult or impossible to get anything. All a termination letter needs is a date and reason and that has no reason for firing.

How long have you worked there? My opinion is that if they're firing you, yhen they can eat the airfare, not deduct it. Others will disagree, but your employer will do anything to save a buck.

You're employer is responsible for you while you are korean under their visa. That means if you have a labor issue then you could remain at the apartment. Its near impossible to legally evict someone here. Change the locks now and dont move out if you are disputing money and termination.

I'm sure theres more to say, but the main point is:

DON"T SIGN IT!!!

PS You dont need a reference here to get a job so dont worry about if they will be a good one. Also, they're firing you - what kind of glowing reference do you expect from them?

[bassexpander]

Go talk to the labor board. Don't sign.

Just talk to the labor board first.

It's a common tactic for hagwon owners to get people they've cheated to sign something stating that the firing was justified, that no payment is necessary, or that the teacher was at fault for something.

You have them over a barrel, and need to talk to the labor board.

1350 on your phone, I believe. Just go do it.

[lifeinkorea]

If you already have a way out, like another place to live, then what do you gain from engaging in a legal battle? You'll just drain resources. Do you have a place to go to? Can you move on easily? Or, are you caught off guard and need the extra time?

Even if you needed the extra time, I think the process is to change your visa to a C type visa which means you are suing them. In that case you have a couple months to settle things in court. Is this what you want to do? Can you be in a better position in 2 months by doing this?

I would either go back home and find a new school or go to Japan, China, Thailand, etc... and either work there or find another job while getting your paperwork for your next school.

I don't see fighting 1.25 million won worth it here.

[zimmerman]

[OculisOrbis]

If you think there's nothing wrong with, then go ahead and sign it.

It's not on the document, but have they at least told you why they are canning your ass?

[moosehead]

[CentralCali]

Okay, who actually believes the cost to "return the original state of the house" is equal to or less than the money actually owed to the OP?

[TheMeerkatLover]

It is a common tactic in Korea to make you sign things and later claim that you did it on your own initiative. What should be clear already is that your employer does not have your true best interests at heart. The fact they are giving you a piece of paper to sign should not only raise red flags..but alarm lights everywhere.

Another tactic is the delay tactic. They know you don't have the financial resources to outlast them, so they are waiting. Costs them nothing really, but it costs you money everyday you live here and your cash pool dwindles. Over time you'll become so desperate just to get out of here you'll sign anything to get a plane ticket out.

I've read this thread since you have been fired. At first you were more defiant than now. I sense the beginnings of desperation in your writing. The school owner senses it also, otherwise you would never consider signing that agreement. What I can say is very clear.

If you sign that 'agreement' you will get nothing. Anything owed to you will be deducted away and your claim against unfair deductions will be waived back in your face by an agreement you signed that doesn't have any clear boundaries or figures on it.

But we are running out of cash and you are beginning to 'hope' it will work out. In the end, you will most likely sign the paper, leave penniless and wonder later why you did it. Those here who have warned you will be ignored because the owner is playing the game he knows he can win. He's playing on the favor of time.

My suggestion: Call the labour board. Get the figures set by a 3rd party agency while you find another job and collect later. Anything else is rather pointless tbh.

Meerkat

[lifeinkorea]

[zimmerman]

[zimmerman]

[Illysook]

Don't sign anything and don't do anything without going to the labor board. This is not the time to negotiate. That thing about paying back your airfare is in all of our contracts, but it's actually illegal and you really shouldn't have to pay anything or forfeit anything when you are the one being skewered.

[zimmerman]

[lifeinkorea]