Korean Job Discussion Forums

[Bollocks]

Well, I screwed up. I signed up for a job with a mom & pop hagwon, and now they're screwing me over.

They've said that the school is losing money, and they'll have to let me go. They've hired a "part-time helper" to fill my position. I'm out of a job, and my boss has told me I've got two weeks before he tells immigration that I'm fired.

This -I'm pretty sure- is a violation of my contract.

11. Dismissal
The employer may dismiss the employee from employment under the following conditions:
a. Violation of the laws of the Republic of South Korea
b. Teaching classes while under the influence of drugs or alcohol.
c. Being late for class on a continuous basis.
d. Repeated absences from classes without a valid reason.

Party A must first bring the problem with proof to the attention of Party B in writing [warning letter] and make every attempt to resolve the situation. The employee will follow the direction of the employer and make every attempt to correct the problem. Proof, but not warning letters, will be provided for sections 12.a and 12.b. Upon receipt of three warning letters, the employee shall be dismissed (with 30 days notice of dismissal, according to Article 26 of the Korean Labour Standards Act.


I haven't done any of the above, and he hasn't provided any sort of warning letter.

He's violated the terms of my contract, and left me in a bad situation. With careful budgeting I could hold out for a few months, but immigration will kick me out long before that. I'm looking for other jobs, but he still owns my visa.

What should I do?

[Troglodyte]

1. Get a release letter from your current job.

2. Don't sign anything that says that you are in agreement that you are being let go. If it means loosing the release letter then so be it, he'll have to give you that eventually if he's firing you.

3. Start looking right now for a new job. You are in Korea so you have an advantage. You don't need to go through recruiters or guess about what the schools will be like. I'm guessing that within 200m of your current school or your appartment there are half a dozen other hogwans. Just go door-to-door and see what they look like and ask if they are interested in hiring you. You'll get enough offers. It's an employees market. Don't let the recruiters BS you into thinking that the ELT/hogwan industry has been so affected by the recession that you can't find a job easily on your own.

Those things should be your priority. Once you've got your new job and either transferred your visa or got a new one, then step 4.

4. Report your current (by that point former) employer to the labour board. Try to get them to force that school to pay you money for a full month because they fired you early. Same goes for any other money they owe you. If they have pre-paid your round trip airfare, then that's yours. You don't have to pay it back. You don't owe them anything for it. Once an employer has paid something, they can't force you to repay it. That's endentured servitude and it's not allowed here. If they gave you a one way to Korea with the arrangement that you'd be given the return ticket when you leave, then I'm not sure if you can force them to give you that. They should because they are responsible for you being here and for getting you out of the country afterwards. But I'm not sure on the law about it. I suspect that it's just a contractual agreement between the employer and employee. But check into it.

Now what is important is that you don't tip them off that you're going to try to force them to pay you or something later. Be all nice and friendly and understanding with them. Ask them to give you a release letter. Tell them that you'll try to find a new job. Ask them to check out for you what's necessary to transfer your current visa over to the new school. If your current school thinks that they can get out of their contract with you easily they will likely be more cooperative. If they know you're going to stick it to them later, then they'll make your remaining time here hell and might even try to make it look like you're being fired for something you didn't do. Best to have them try to transfer your visa to another job. That is even better for you because they can't later claim that they fired your for some made-up thing you did.

[seonsengnimble]

If you go to immigration, you should be able to extend your stay up to a month after your last day of teaching. This gives you a month and a half to find a new job and make a run to Fukuoka/Osaka.

[Bramble]

How long have you been with the company? Are they blaming you for the problems, or just letting you go because they can't afford you?

[Bollocks]

I've been with them for 4 months. I've been in Korea for 1 year & 4 months.

I am already looking for work, and am playing as nicely as I can with my current (well former, since I'm fired) boss. I'm fully aware that I need my release letter above all else.

Business is bad, and he blames me. When pressed, he fails to provide specifics, but rest assured, business is the worst it's been in 10 years, and it's all because of me. He cannot say why. He cannot explain how. And he's certainly failed to provide evidince of a specific issue that needs to be addressed, and my boss at my last job had no such complaints. - but,

As the boss, he has the luxury of always being right. I know better than to argue with him. His hagwon: his rules. I'm glad to be out of there, honestly. No more mom & pops for me.

I did not know that about endentured servitude. If he comes after me for travel reimbursement, I'll remember that. And if he does, can I sue for punitive damages?

[TheUrbanMyth]

[lifeinkorea]

[dirving]

I'd file a labor complaint. This would give you the right to get a G Visa from immi. This sort of visa is for people who have a legal issue with a Korean and thus need to stay in country. I got one last Spring, and it was for a maximum of 6 months.

PM me for more info.

[Bollocks]

Oh, I'm not going back to the start. I'm looking at public schools in Gyeong-gi do. Better pay, less hours, vacation. Only downside is that it's Gyeong-gi do. Also I've got 6 different recruiters telling me 6 different things about the documents required for my "new" visa.

But if I do come after this hagwon, it'll not be immediately. If they do me wrong, I plan to hit them. But only when they have money. I don't know how statute of limitations works in Korea, but it's not helpful to try anything right now. So I must wait.

One of us owes the other for travel expenses, either I owe him for the ticket over here, or he owes me the cost of a trip home. He's in violation of contract, but might have legitimate reason for doing so.

Does that sound about right?

[Bramble]

I don't see how you have grounds to sue, assuming they're paying you for the time you work. As far as I'm aware they don't have to give notice or have a justifiable reason to fire you under the Labor Standards Act until you've worked there for six months ... Isn't that right? I'm sure someone will correct me if it's not.

I'd focus on getting the LOR and looking for a better job.

[Bollocks]

Article 31 (Restriction on Dismissal for Managerial Reasons)

(1) If an employer wants to dismiss a worker for managerial reasons, there shall be urgent managerial needs. In such cases as transfer, acquisition and merger of business which are aimed to avoid financial difficulties, it shall be deemed that there is an urgent managerial need.

(2) In the case of paragraph (1), an employer shall make every effort to avoid dismissal of workers and shall select workers to be dismissed by establishing rational and fair standards of dismissal. In such cases, there shall be no discrimination on the ground of gender.

(3) With regard to the possible methods for avoiding dismissal and the criteria for dismissal as referred to in paragraph (2), an employer shall give a notice 60 days prior to dismissal day to a trade union which is formed by the consent of the majority of all workers in the business or workplace concerned(or to a person representing the majority of all workers if such trade union does not exist, hereinafter referred to as a �workers� representative�) and have sincere consultation.

(4) When an employer intends to dismiss more than a certain number of workers which is defined by the Presidential Decree under the conditions as referred to in paragraph (1), he/she shall report it to the Minister of Labor as determined by the Presidential Decree.

(5) In cases where an employer has dismissed workers in accordance with the requirements as stipulated in paragraphs (1) to (3), it shall be deemed that the dismissal concerned is made based on the justifiable reasons in accordance with paragraph (1) of Article 30. <This Article Wholly Amended by Act No. 5510, Feb. 20, 1998>

Article 31-2 (Preferential Re-employment, etc.)

(1) When an employer who dismissed workers under Article 31 intends to recruit workers within 2 years from the day of dismissal, he/she shall make efforts to rehire workers dismissed under Article 31 if such workers desire, taking into account of the previous position, etc., of such workers.

(2) The government shall place the first priority in order to take measures such as securing livelihood, reemployment and vocational training, etc., for workers dismissed under Article 31. <This Article Newly Inserted by Act No. 5510, Feb. 20, 1998>

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>



He did not give advanced notice. He has hired other workers to replace me. Both these acts seem to be in violation of the Korean Labor Standards Act posted at http://forums.eslcafe.com/korea/viewtopic.php?t=91053



...Or I could be reading it wrong. Who knows?

[Bramble]

I guess I was thinking of this part:

[Bollocks]

Damn. Good eye. I stand corrected.

[VanIslander]

Forget a release letter. You haven't worked there long enough.

Get your employer to CANCEL your work visa (they are required to within 14 days but that doesn't mean they all do! gotta make sure - if your employer doesn't cancel your work visa at the immi office then you would have to wait until the previous work visa expired) and you can get a new one right after he cancels it (though you have to leave the country and come back on a tourist visa then do a visa run, or like me, have to return to home country for a week to process new work visa).

I did that in 2009 after five months of hell.

If you don't have all the paperwork to get a new visa (CRC, transcripts) then get on it asap.