Korean Job Discussion Forums

[Goochmon]

Like so many others that come to Korea to work for a Hagwon, I have encountered an issue with my employer.

To summarize, I have been working in Korea for 9 months. My employer told me that he is closing the Hagwon at the end of April and that he is very sorry for any trouble this causes me.
When I asked about severance pay, I was told that I will not be getting any. I tried to be fair and requested 9 months of bonus rather than a full year, as it is his "fault" that my employment is ending and not me breaking the contract.

I looked at the Korean Labour law which stipulates a 30 day notice of termination or you will be compensated for one months pay, but in my contract it is stipulated that I may be given 20 days notice which he has exceeded by 4 days.

I am getting my flight home and maybe I should be content with that, but I would like to know if anyone has some advice on how I might squeeze out a few dollars.

I am alright with leaving my position, but I am upset about not getting any kind of severance or "bonus" from my failing hagwon.

Thanks.

[toastburn]

Check out the Korean Labour Standards sticky thread in the Job-related Discussion Forum and call the labour board.

[toastburn]

I forgot to say that on that thread it tells you how you can contact the Labour Board. Or else, just google Korean Labour Board and find out how to contact them yourself.

[poppydaisy]

let me know what you find...i'm in a similar situation but i'm only 4 months into my contract.

[oldfatfarang]

You are not entitled by law to receive a 'bonus' until you've completed 12 contract months. If you work one day less than 12 contract months you will not be paid this bonus. Actually, this 'bonus' isn't a bonus at all, but it's an extra payment because some months have 4 or 5 weeks (or something like that).

Be wary of promises. Be happy if you get any airfare and your last salary. Don't accept promises that you'll be paid on your last day (most likely you won't). Try to get paid as soon as possible.

Good luck.

[CentralCali]

Although your contract stipulates a 20-day notice period, the law requires a 30-day notification. The contract can stipulate a longer, but not shorter, period.

[Goochmon]

Thanks for the advice,

I am going to contact the labour board and see what comes of it.

Today my boss hinted that I am going to have to pay for my own flight after he told me he was going to purchase my flight home. So I definitely agree on not believing what I am told or promised.

I have a friend at my companies head office who is going to talk to him and hopefully get this sorted out for me.

I find it really discouraging the way that we as foreigners try to be dismissed without adequate consideration for our efforts or contractual obligations. Especially when it is the employer breaking contract and not the employee.

[Sody]

[CentralCali]

[Bramble]

[Goochmon]

@ Sody: You're right it is naive of me to assume this doesn't happen to Korean employees as well, I think the bulk of my discouragement stems from being unable to go through the appropriate means to combat the issues when your due to leave the country in such a short period of time. If I were a Korean national I would be able to navigate the appropriate channels and not be restricted to a departure date. However your thoughts are certainly noted.

@ CentralCali:

Perhaps I am just fortunate to have a friend that works in the hiring and labour department at my companies head office but she made a phone call to my employer this afternoon and the result of which was a flight home and 6months of my bonus.

I am not an expert of contract law, but I believe when the company not the employee is responsible for breaking the contract it is the responsibility of that company to fulfil the terms of the agreement as if the contract has been completed in full.

[Goochmon]

@ bramble: Yes the difference in notification is roughly a week, but it is a months pay that would be compensated depending on which rule is observed. Korean labour law less: than 30 days notice, you are given a months pay. My contract less than 20 days notice you are given a months pay. I was given 25 days notice. Labour law I win, Contract I lose.

[Bramble]

[Bramble]

[ontheway]