Korean Job Discussion Forums

thefarns · Joined: 21 Oct 2008

Our hagwon's director just called me into his office and said that he's having trouble meeting payroll and is giving me 30 days notice of termination. I'm 9 months into my contract. The number of students seems to be approximately the same as when I got here, though the school did pay for an extensive expansion and remodeling. So, we do have a contract . . . is it that easy for him to just cut it off?

ilovebdt · Joined: 03 Jun 2005 Location: Nr Seoul

What does your contract say?

ilovebdt

lifeinkorea · Joined: 24 Jan 2009 Location: somewhere in China

Letter of release, get a new job. I wish I were in your situation. Immigration is telling me I need 9 months before I can change schools and that places me after the March new year.

yingwenlaoshi · Joined: 12 Feb 2007 Location: ... location, location!

He's given you proper notice. Since you're 9 months into the contract, you can transfer to another hagwon or public school. You will probably need a new criminal report, but immigration will probably allow you to transfer schools and give you time for the criminal report to be submitted while you're working. You will need a letter of release from you current employer.

Life's not so bad for you right now.

OculisOrbis · Joined: 17 Jul 2006

its actually COMPLETED nine months of your contract to transfer with an LOR, but with downsizing for financial reasons it should fall into the exception category with kimmi if your employer can justify it.

there would probably be questions at kimmi if your employer applied to sponsor a new FT shortly after you were let go for financial reasons though - and could be worth keeping an eye on the hagwon if you want to consider going to the labor board if he's lying and is just looking to get rid of you and replace you without justifiable cause for dismissal.

thefarns · Joined: 21 Oct 2008

Does it make any difference that our other foreign teacher, who came after I did, is going to finish their six month contract, which expeires over a month after I'm being released?

OculisOrbis · Joined: 17 Jul 2006

Absolutely, yes. It makes difference.

Read Article 24 to 28 of the Labor Standards Act.
http://www.dmitryvolokhov.com/pdf/Korean%20Labor%20Standards%20Act%20-%20Searchable%20PDF.pdf

Your employer needs to apply standard, rational criteria to justify letting you go over an employee who started after you - and the fact he gets out of paying you airfare and severance would not stand up as a reason at labor board. You have a very strong case to win your money if he lets you go over the other FT.

ilovebdt · Joined: 03 Jun 2005 Location: Nr Seoul

http://www.molab.go.kr/english/about/contact_us.jsp

Above is a link to the English site for the Korean Labour Board should you need additional assistance.

ilovebdt

Wishmaster · Joined: 06 Feb 2003

Why on earth would this person need another criminal background check? I assume he/she hasn't left Korea.

Hyeon Een · Joined: 24 Jun 2005

son of coco · Joined: 14 Mar 2008

Juregen · Joined: 30 May 2006

creeper1 · Joined: 30 Jan 2007

littlelisa · Joined: 12 Jun 2007 Location: Seoul

Moldy Rutabaga · Joined: 01 Jul 2003 Location: Ansan, Korea

You might try to bargain with your boss before trying to take legal action. He's a businessman. Ask him to pro-rate your severance and flight benefit to 9 months. You can nicely explain that everyone is better off if you leave on good terms without sabotaging your classes or everyone getting nasty, and that you will try to smooth the way to the next teacher. This sounds a little naive but I did the same when I was in the exact same situation and we worked out a compromise.

I would not overplay my hand as if push comes to shove you are unlikely to get much, if anything, through litigation.