Korean Job Discussion Forums

[wanderingsalsero]

I don't know if it's "Board of Labor" or "Labor Board" but I'll just assume it's "Labor Board(LB)".

My question is....is age discrimination the type of issue that the LB would handle. Here's the general details.

My contract has recently come up for renewal. Based on everything that I know, there have been no complaints about my performance during this last year of my employment at the public GEPIK middle school where I work.

Not especially important to me right now but nevertheless true....This renewal issue has only been brought up recently, only about 30 days before my present contract expiration. I kinda recall reading somewhere that the school was supposed to advise me whether I could renew 60 before the expiration of my contract.

So now I'm faced with a very limited amount of time to decide how to handle it.

But here's the gist of it:

They at first seemed to only be willing to hire me on Level 2+ pay grade whereas I felt I should be payed at Level 1. After I think I shot holes in that arguement now they're saying I'm too old and they can't renew me anyway.

I think there's a serious incongruity here:

First they want me to work for them although at the wrong pay grade, I protest, then they say they don't want to re-hire me because I'm too old.

Here's the way it went down last week(in sequence):

1. Given me a new contract to sign which included a pay level 100,000 KW short of what their own regs (as I read them) say it ought to be.

2. The proposed renewed contract, which was actually done and actually put in front of me to sign, did not include the fact that I had an 'education degree'....thus my observation that it was 100,000 KW short.

3. Upon my comment on that, my supervisor called somebody at GEPIK and, supposedly was told my them that my Bachelor of Music Education Degree did not qualify as an 'education degree'. Seriously...that's what I was initially told.

4. Then, almost simultaneously, another comment was made that I needed to have 'a teacher's certificate' in order to get the extra 100,000 KW.

5. I said I wasn't going to sign it....but I don't think my supervisor heard me because, next.......

6. She shoved the same renewal contract in front of me and expected me to sign it.

7. I said 'no...I'm not going to sign it.' She said 'why? and I told her because I felt I wasn't being given compensation that I was entitled to.

8. She proceeded to get kinda huffy and an hour or so later asked me if I wanted her to look for another 'native speaker'. I said 'yes' because it was my feeling, and still is, that I'm not going to work there if I'm not given the pay that their own regs say I should be getting.

9. That was Thursday. I go home. I'm confused. I'm thinking..."WTF..?!!" Thursday night I receive a copy of the following pay level criteria from the recruiter who got me my first job here in 07 (June).....

Category
1
2,300,000 KRW per month
Category 3 AND Minimum two years of full time English teaching experience at accredited institution(s)
Plus one of the followings
-Master�s Degree
-Elementary, Middle, or Secondary School Teacher�s Certificate
-Bachelor's degree in Education/ English Literature/ English Language/ Linguistics (Must be clearly stated on either the diploma certificate or official transcript)
-TEFL/TESOL/CELTA (min.of 100 hrs) Certificate

This, to me, indicates that I qualify for Level 1 because I have been here 2.5 (in GEPIK), do have a Masters, and do have an 'education' degree.

But, being a reasonable guy, I figure that maybe there was simply some misunderstanding. I mean, I assumed my supervisor was giving me information, in good faith, that she got from somebody in GEPIK.

So.......

10. Friday morning I attempt to show her the key phrase in this document...i.e. "Plus one of the followings..." but she didn't want to listen to what I had to say and proceeded to tell me me that she'd talked to GEPIK again and was told that 'anyway' I was too old (I was recently 65)...and 'no'....I don't look or act like an 'old' guy....so that's not an issue. Most people guess I'm 45 or so)

Doesn't that sound like they can't get their story straight?

So.....now, the issue of whether I have or don't have an education degree or a teachers certificate is no longer relevant? And who was accurate or not on that issue isn't to be discussed, eh?

So the 'new' reason they don't want to re-sign me is that I'm 'too old'? If that's the reason they wanna claim for not resinging me, I have a question about it:

My question is.......is this type of age discrimination legal under whatever laws might exist in Korea?

I really have no idea. And frankly, I could sorta understand if it was a matter of legal policy. But to have never said anything about it, and to have then expected to re-sign me for less pay than what their own written policy stipulates, then to claim justification for that 'shafting' in apparent disregard for their own written policy, then to change their own story....

Doesn't that all sound fishy?

Somebody told me tonight that 'age discrimination' in against Korean laws and that I could take this matter to the LB. Is that true?

I like Korea. Sure, I know it's not perfect but I can handle that....i.e. the sleeping kids, etc., etc. All I wanted to do was do my honest best and try to help as much as I could and get paid whatever was reasonable for it.

But I don't like being abused. I don't know if there might have been some kind of misunderstanding here that I'm not aware of. But it seems to me that my school has made up their mind.

Mind you....I'm doing all this dealing strictly through my Korean teacher supervisor, a lady who all year, to the best of my knowledge I've had excellent relations with. I've never had any complaints about my performance. And now this......drama. I'm pissed.....and confused.

If this is something I can take to higher authority, I think I would.

I should also mention that my supervisor told me that it was Dain
Bae she was getting all her information from. That surprised me because I was going to call Dain Bae myself. She helped me once before in an
administrative issue at my previous school.

However, since I heard that all these policy decisions came from Dain anyway.....for that reason, I didn't call Dain.

I'd sure appreciate some advice. Fight or flight. Labor Board or.....what?

that's it.......

[lifeinkorea]

Before you asked for level 1 pay, were they willing to up your salary?

[cruisemonkey]

The Labor Relations Commission will not entertain an application unless it is within their mandate. Because there is no statutory legislation re: age discrimination in K-land, it is unlikely they will even consider a motion for entertainment.

Use the 'Labor Board' as a bluff... or get a really good K lawyer; and be prepared to pay him for a two-year fight you will lose.

[wanderingsalsero]

To answer your question.....it wasn't mentioned. I didn't bring it up actually because I wasn't sure exactly how much it should be. Somebody had told me it ought to be around 2.4. So, when I saw 2.1, that's what tipped me off that something wasn't kosher.

[wanderingsalsero]

OK CruiseMonkey.....

If I assume you're right on the pay issue, what about the pension issue?

I've been told that they aren't deducting anything at all. But from what I was reading in another thread last night, it sounds like they're supposed to be deducting that 4.5% from my pay, and matching it. And I read that if they can be legally compelled to do it retroactively.

Do you think that's true?

[ajuma]

Here is a number for a labor board lawyer: 02 872-9797. If you tell him about your case, he won't take it unless he thinks you'll win.

I talked to him when I had a problem and he was very up-front about everything. Good luck!

[cruisemonkey]

[blonde researcher]

There is never an automatic right to a second year contract and E2 teaching visa at any time in Korea.

Native speakers are always employed on a set 12 month contract visa, and it is this contract that [b]may or may not be rolled over for a second or third year as decided by the employer.[/b]
Legally you never have the guarantee or the right to stay another year or more.

The employer always has the right to offer or not offer a position - Or withdraw any offer made to you ( before it is signed)
You said you didnt accept the contract as you said it was wrong and you did apparently agree with them to get another native teacher- before you had second thoughts about your situation, which has not helped their decision.

You would therefore have no chance of winning if you went to the labor board -Whether you complain about ageism or an incorrect salary offer. At age 65 you will almost certainly not be offered another position in Korea as you are past the Korean retirement age and the EPIK program has an age limit of 55, which you are 10 years over.

The age factor has nothing to do with if you have been doing a good job or not in your teaching job.

As far as your age and the pension deductions:
The retirement age in Korea is 62 and deductions for pension should not be coming out after an employee turns 62 . Maybe they have been taking pension deductions incorrectly from you for the least few years?

[cruisemonkey]

[CentralCali]

[lifeinkorea]

[cruisemonkey]