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11th month meeting: getting fired?
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lille



Joined: 27 Jan 2009
Location: Seoul

PostPosted: Sat Feb 20, 2010 8:05 am    Post subject: 11th month meeting: getting fired? Reply with quote

There's one week left in my contract, and my school told me to report to headquarters on Monday morning instead of class. The last two weeks have yielded tense, rocky relations with my boss and I'm worried they're going to try to can me in my last week of work to save on paying me severance. There's no paper trail of discipline - no warnings have been issued for anything more than once, especially not in writing. How worried should I be? I don't want to be in any kind of illegal firing meeting without a labor lawyer present, though I can't get one between now and Monday morning.

What do you think will go down? Feel free to hypothesize on my impending doom...
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VFRinterceptor



Joined: 22 Jun 2009

PostPosted: Sat Feb 20, 2010 8:13 am    Post subject: Re: 11th month meeting: getting fired? Reply with quote

lille wrote:
There's one week left in my contract, and my school told me to report to headquarters on Monday morning instead of class. The last two weeks have yielded tense, rocky relations with my boss and I'm worried they're going to try to can me in my last week of work to save on paying me severance. There's no paper trail of discipline - no warnings have been issued for anything more than once, especially not in writing. How worried should I be? I don't want to be in any kind of illegal firing meeting without a labor lawyer present, though I can't get one between now and Monday morning.

What do you think will go down? Feel free to hypothesize on my impending doom...


This thread will turn into a circus. Ignore it.


Document as much as you can, get a labor lawyer asap.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat Feb 20, 2010 8:14 am    Post subject: Reply with quote

Are you in the 11th month of your contract or the 12th? If you have only 1 week to go then they can't fire you because they'd have to give you 30 days notice. Normally the 11th month boot happens IN the eleventh month.

I wouldn't worry. You could always ask another foreign teacher (or a foreign friend) to come with you. You can also record the conversation for proof later of what was said. If the meeting is nothing important, then it's no loss to record it. If things do go south then you at least have proof of everything said in the meeting. Be sure in that case to point out that they need to give you 30 days notice so that you can get the boss to say something stupid in the recording.
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lille



Joined: 27 Jan 2009
Location: Seoul

PostPosted: Sat Feb 20, 2010 8:24 am    Post subject: Reply with quote

Sorry, it's the twelfth month. There's just monday through friday left in the contract. Is it written in the labor standards act that 30 day notice is required?
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dorian_gray



Joined: 04 Nov 2009

PostPosted: Sat Feb 20, 2010 10:12 am    Post subject: Reply with quote

lille wrote:
Is it written in the labor standards act that 30 day notice is required?


Yes it is. Article 32 section 1 of the Labor Standard Act provides this protection.

Check for yourself here:
http://www.ilo.org/dyn/natlex/docs/WEBTEXT/46401/65062/E97KOR01.htm#a22
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tzechuk



Joined: 20 Dec 2004

PostPosted: Sun Feb 21, 2010 1:13 am    Post subject: Reply with quote

May be they want to keep you but want to relocate you to a different branch?
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Sun Feb 21, 2010 1:43 am    Post subject: Reply with quote

I would go, because you really have nothing to lose.

Don't say too much. Don't get caught up in their drama. Don't take sides, stay focused, Daniel san. You are in the clear now, so don't make any stupid comments. If they blame you for anything, don't accept any of it but stay committed.

"I have done nothing wrong, and I am willing to see my contract out to the end. It has been a pleasure working here, and if the new teacher replacing me needs any help please share my contact info. I wish you all the best, and again, I really enjoyed my time in Korea."
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Senior



Joined: 31 Jan 2010

PostPosted: Sun Feb 21, 2010 1:47 am    Post subject: Reply with quote

Maybe they have planned a surprise leaving party for you.
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whatever



Joined: 11 Jun 2006
Location: Korea: More fun than jail.

PostPosted: Sun Feb 21, 2010 5:28 am    Post subject: Reply with quote

You mentioned a 'headquarters'...perhaps you are to see an accountant/payroll type and take care of some exit paperwork.

The reason they are shunning you or being pissy is likely a. you're leaving and that's sort of something you're supposed to show you feel ashamed for/extra apologetic about, under their cultural norms and b. it's a really stressful time of year for most school and hakwon administrators and staff. Another possibility is they don't think you're doing enough to prepare for the arrival of your replacement...but that's just speculative.

I wholeheartedly agree that you should go out of your way to say how much you like Korea (and them). Stroke their egos a little bit. It won't hurt you a bit.

Good luck.
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lille



Joined: 27 Jan 2009
Location: Seoul

PostPosted: Sun Feb 21, 2010 6:00 am    Post subject: Reply with 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...where a worker has caused considerable difficulties to a business, or damage to properties on purpose.
* (2)In the case of the proviso of paragraph (1), the approval of the Minister of Labor shall be obtained regarding the causes attributable to a worker.

Thanks for the clarification. This bold part still makes me nervous - as I said, the work relationship has been quite strained. Would this count as 'considerable difficulties'? Do you suppose the second bit means that they'd need to run the case by the labor board to get approval for a firing without notice?
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lille



Joined: 27 Jan 2009
Location: Seoul

PostPosted: Sun Feb 21, 2010 6:08 am    Post subject: Reply with quote

lifeinkorea wrote:
I would go, because you really have nothing to lose.

Don't say too much. Don't get caught up in their drama. Don't take sides, stay focused, Daniel san. You are in the clear now, so don't make any stupid comments. If they blame you for anything, don't accept any of it but stay committed.

"I have done nothing wrong, and I am willing to see my contract out to the end. It has been a pleasure working here, and if the new teacher replacing me needs any help please share my contact info. I wish you all the best, and again, I really enjoyed my time in Korea."


This is all reassuring. Thanks for that. I'm still incredibly nervous about tomorrow morning, but I'm going armed with the name of a labor lawyer I can call just in case. For the most part, I plan on staying as quiet and un-combative as possible. I don't think they have legal grounds to can me, but I suspect they might make things messy should I put up too much resistance.
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Senior



Joined: 31 Jan 2010

PostPosted: Sun Feb 21, 2010 6:24 am    Post subject: Reply with quote

whatever wrote:
You mentioned a 'headquarters'...perhaps you are to see an accountant/payroll type and take care of some exit paperwork.

The reason they are shunning you or being pissy is likely a. you're leaving and that's sort of something you're supposed to show you feel ashamed for/extra apologetic about, under their cultural norms and b. it's a really stressful time of year for most school and hakwon administrators and staff. Another possibility is they don't think you're doing enough to prepare for the arrival of your replacement...but that's just speculative.

I wholeheartedly agree that you should go out of your way to say how much you like Korea (and them). Stroke their egos a little bit. It won't hurt you a bit.

Good luck.


This is the most likely scenario.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Sun Feb 21, 2010 8:56 am    Post subject: Reply with quote

lille wrote:
lifeinkorea wrote:
I would go, because you really have nothing to lose.

Don't say too much. Don't get caught up in their drama. Don't take sides, stay focused, Daniel san. You are in the clear now, so don't make any stupid comments. If they blame you for anything, don't accept any of it but stay committed.

"I have done nothing wrong, and I am willing to see my contract out to the end. It has been a pleasure working here, and if the new teacher replacing me needs any help please share my contact info. I wish you all the best, and again, I really enjoyed my time in Korea."


This is all reassuring. Thanks for that. I'm still incredibly nervous about tomorrow morning, but I'm going armed with the name of a labor lawyer I can call just in case. For the most part, I plan on staying as quiet and un-combative as possible. I don't think they have legal grounds to can me, but I suspect they might make things messy should I put up too much resistance.


Don't call your lawyer. Bite your lip, refrain, take whatever they dish out. After you leave, think about it. If you still feel you have been wronged, then contact a lawyer.
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lille



Joined: 27 Jan 2009
Location: Seoul

PostPosted: Sun Feb 21, 2010 8:04 pm    Post subject: Reply with quote

Drumroll, please:

The meeting was for a termination without notice or compensation. Anyone know how to contact the labor board or immigration to file for illegal dismissal?
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ChilgokBlackHole



Joined: 21 Nov 2009

PostPosted: Sun Feb 21, 2010 8:05 pm    Post subject: Reply with quote

lille wrote:
Drumroll, please:

The meeting was for a termination without notice or compensation. Anyone know how to contact the labor board or immigration to file for illegal dismissal?

Ask your lawyer?
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