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I have an issue with my employer, maybe you have some advice
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Goochmon



Joined: 10 Sep 2009
Location: Gwacheon

PostPosted: Tue Apr 13, 2010 3:44 am    Post subject: I have an issue with my employer, maybe you have some advice Reply with quote

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.
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toastburn



Joined: 27 May 2008

PostPosted: Tue Apr 13, 2010 4:03 am    Post subject: Contact the Labour Board Reply with quote

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



Joined: 27 May 2008

PostPosted: Tue Apr 13, 2010 4:05 am    Post subject: One more thing... Reply with quote

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.
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poppydaisy



Joined: 02 Mar 2008
Location: Bundang, Korea

PostPosted: Tue Apr 13, 2010 4:08 am    Post subject: Reply with quote

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



Joined: 19 May 2005
Location: On the road to somewhere.

PostPosted: Tue Apr 13, 2010 3:24 pm    Post subject: Reply with quote

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.
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Apr 13, 2010 3:54 pm    Post subject: Reply with quote

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.
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Goochmon



Joined: 10 Sep 2009
Location: Gwacheon

PostPosted: Tue Apr 13, 2010 9:31 pm    Post subject: Reply with quote

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.
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Sody



Joined: 14 May 2006

PostPosted: Tue Apr 13, 2010 9:45 pm    Post subject: Reply with quote

Goochmon wrote:

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.


Lots of Korean employers do this to Koreans as well. It's not just us foreigners you know.

I sympathize with your plight but do you realize how many ESL teachers have gotten paid late, not at all, or received no airfare or bonus? That is the nature of the ESL industry in Korea. What I find really strange is that there are so many teachers who go to Korea and they haven't researched these forums. Many aren't even aware of the risks.

Losing your bonus pay sucks I know personally how you feel. But consider yourself lucky that you got advanced notice. Try and get your flight paid back home if you can. I didn't get my bonus pay twice, once in Japan and once in Korea. It sucks but both places went out of business, there was nothing to be done.
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Apr 13, 2010 10:09 pm    Post subject: Reply with quote

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


If your school's like so many other hagweons, "company's head office" is a meaningless term. The local hagweon is, in fact, an independent entity and merely has an exclusive purchasing/name use agreement with the so-called head office.

Read your contract closely and you just might find that you're not owed a flight back to your home country until you've completed an entire year. The six-month mark into the contract is the point at which you no longer owe for the flight to Korea for most of the contracts I've encountered.
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Bramble



Joined: 26 Jan 2007
Location: National treasures need homes

PostPosted: Wed Apr 14, 2010 12:20 am    Post subject: Reply with quote

CentralCali wrote:
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.


Is it worth fighting for a week's pay, though?
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