ashthebash
Joined: 28 Sep 2009
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Posted: Fri Nov 06, 2009 3:32 pm Post subject: Help needed re: SACKING, NEW VISA & MINISTRY OF LABOR |
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Can somone answer a few questions for me?
I get the feeling that my boss is going to try to sack me in the next week or so.
Without going into too many details. They have been trying to make me do many things which are not on my contract and also illegal. As I have refused to do some things I think he/she is looking for an excuse to get rid of me.
When I found out that what they were asking me to do was illegal, I told them I would no longer do it, also as I was not contracted to do so. They asked me to help out for an extra few weeks until they could figure out a new plan so I did so as a gesture.
I am worried that if I file a complaint and immigration find out that I had helped them by working in other places illegally, (at first unwittingly and for a few weeks after to help them) immigration may take action against me, even though I have since stopped.
I was wondering if anyone knows if I do get fired, can I still file a complaint about the company if I have not been employed by the company for over 3 months?
I know that the Korean Labour standards quote...
Article 32 (Advance Notice of Dismissal)
(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose. <Amended by Act No. 5885, Feb. 8, 1999>
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;
So I was wondering if that means that I can receive no help as I have no been employed for over 3 months.
I am unsure as to whether they will agree to give me a release letter.
I also find it grossly unfair that if I do get sacked or leave I will have to pay them back the cost of my flight as I have not been here that long.
I would like to find another position rather than go home.
Does anyone know if I need to start the visa application process again from scratch if I do receive a release letter?
Must I obtain another security check also?
A recruitment agency told me that I can only apply for new postitions after working in the country after a certain period of time, but was very vague and did not clarify the time scale.
I have looked up ESL Law but can't find anything to help me.
The director also gives me a hard time as I am not a qualified English teacher - they do not seem to understand that to teach 'English' in Korea, you only need to hold a degree and not a teaching qualification.[/quote] |
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