Korean Job Discussion Forums

[seoulout]

so i just got a phone call from my recruiter tomorrow telling me my school has decided to fire me - tomorrow is payday, he says they are going to deduct my airfare from my pay tomorrow (my contract only states i get charged for the airfare if i resign) - and pay me in full at the end of the month...apparently my last working date will be the 30th of june. i've been working there for two months, how much notice are they required to give me by law? also, i was told deductions for airfares from wages are illegal w/out my written consent - is this true?

the recruiter says he bargained a letter of release for me but i don't trust either of them...i want the letter of release in hand by the end of the week, i think if they're not willing to do that, they're not going to pay me at the end of the month either...

[travelingfool]

[cruisemonkey]

By law, they are required to give you 30 days advance (written) notice of dismissal (or pay in liew).

[soviet_man]

Don't take it too hard. You've only been there 2 months and sometimes these things just don't work out / people just don't fit.

Speak to your director. Explain to them that you want to get another job in Korea and really need him/her to sign the LOR. Infact you could be pro-active and type one up yourself on school letterhead, so all they have to do is sign it.

As for pay, I would show him your contract (they probably aren't aware of what it literally says) and are making it up as they go along.

If you show them things in writing, it is harder for them to wiggle out of it.

[tob55]

Sorry about your situation. The director may have you sign some kind of paper releasing you from your employment, but it is likely going to state that you were a bad employee and did something that allowed them to terminate you immediately. Yes, the labor law states 30 days, but it also states that if the infraction is serious enough to warrant immediate dismissal from the job the employer can terminate without notice. Of course the proof of cause is up to the employer, but if you are out of the country and cannot provide your side to the story it is hard to get someone to listen. So, my advice would be to not sign anything they show you without first having someone you trust, i.e. not necessarily the recruiter, but someone you know that has good Korean reading and writing skills and can communicate effectively. This may be hard since you have only been in country for a short time. However, it is necessary.

Most contracts have a payback clause in them which states in the event you do not complete the 6 month probationary period they are entitled to recover the airline ticket money they provided to you IF they bought your ticket to fly over. If you paid it yourself, then they cannot and should not take money from your pay. However, if they paid for the airline ticket, and the clause is in your contract, then it is likely they will deduct it from your final pay, and there is unfortunately not much you can do about it.

The OP is new, so I hardly understand why an employer could make such a quick judgment of their skills and abilities. My guess is the director or the school is in some kind of financial trouble, and you are the easiest way to make quick cut backs in the financial outgo of the business. It wouldn't be the first time a foreign worker was the pawn because of bad management practices on the part of a business owner who had no business sense. Once again, sorry to hear about your situation and get your LOR as soon as possible, but sign nothing you have not verified to be legitimate and one that doesn't paint you out as a bad person. My opinion and advice.

[rehab]

[TheUrbanMyth]

[cruisemonkey]

[seoulout]

it's all turned into a really bizarre situation - i was told my final working date would be 30 june and i would get paid in full the day after. they deducted the airfare from my pay last week even though it was not in the contract. i showed this to my director and he said to complain to my recruiter (not much help as he is hooked up to the school). i drafted a LoR off a template that a friend who has received one gave me...and the director told me it was invalid - he said the recruiter had to prepare it and it had to contain information about the next school i was going too!! i know this is incorrect and later got an email from my recruiter stating i would be paid in full at the end of the month if i completed the month "without incident" and i would get a LoR if i completed the month "without incident" and the school wasn't going to give it before then!! makes me think what is an incident and what incentive do they have to create one??!! i don't trust them to give me my LoR and full pay...tossing whether it is worth completing the month...

[WendyRose]

Your situation sounds dreadful and I'm really sorry.

I would like to point out that the school contract was likely written in Korean first and then translated into English for your convenience only. With that said, the overriding language will be Korean. I suggest finding a friend who speaks Korean and have him or her find the part in the contract that says exactly what you are saying (that they should not deduct airfare).

Good luck

[Demophobe]

[Unposter]

Despite the fact that you have only been in the country two months, I would take it to the labor board and see what kind of advice they give. Tell them your hakwon is deducting your airfare and you do not have money to get home and you need help.

If they officially cancel your visa, I don't think you need a letter of release. You will have to leave the country. But, if you can get another employer to hire you, you should be able to get another visa.

I would definately go to the labor board even if they say they cannot help you so that there is a track record that you do not want to leave your current employer.

In a worse case scenario, make your employer goto immigration and get you an exit order. That way you know your visa has been cancelled. Feel free to tell immigration your side of the story whether they seem to care or not. Do not exhaust any possibility of expressing your desire to stay and work it out with your hakwon and that they are jeopardizing you by forcing you out of the country against your desire.

It is not uncommon for hakwons to tell immigration and even the labor board that you have quit and you want to leave.

I would be very suspicious of your recruiter if he has some kind of relationship with your employer.

Good luck and keep the board updated on your situation. It is good for both others who find themselves in your predicament and you never know what good advice might come down the pike later.

Good luck with it all.

[Sector7G]

Article 35 (Exception of Advance Notice of Dismissal)

The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:

1. a worker who has been employed on a daily basis for less than three consecutive months;

2. a worker who has been employed for a fixed period not exceeding two months;

3. a worker who has been employed as a monthly-paid worker for less than six months ;

4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and

5. a worker in a probationary period


I find 1, 2, and 3 extremely confusing. Can anyone explain them to me? Aren't we(E-2 teachers) monthly-paid workers?

[cruisemonkey]

[bassexpander]

I knew a foreigner in a similar situation who sold everything in his apartment (school-owned, of course).... aircon, bed, TV, dishes, and skipped town leaving them with no teacher. Funniest darned thing I ever saw.