Korean Job Discussion Forums

howard_roark · Joined: 26 Apr 2010 Location: South Korea

So last week my girlfriend's boss in Chuncheon told her that he was going broke and that he was going to have to release her at the end of May. He told her she had an option of transferring to the Hongchon branch of our company (SLA - Shims Language Academy) for the final 2 months of her contract, and then he pulled the option out from under her and told her she had to go to Hongchon.

We've looked at all the finances of the situation, and depending on the currency exchange between now and July, when her contract ends, she's standing to lose somewhere between $1500 and $3000. She's still going to walk away with a nice chunk of change, but she was prepared to work her contract through and the fact that he's ending it prematurely, makes us feel like he SHOULD pay her in full.

We've contacted numerous lawyers who all tell us the same thing: "In Korea, if a Hagwon Owner is going broke they can release you. You should be happy that you are getting any severance at all."

I feel so used and abused over here right now. We signed a contract to work for a year, and now, because some slimy Hagwon owner doesn't want to have to pay her bonus and such in full, we're getting screwed.

Is there ANYTHING we can do to fight this, or is this just another wonderful joke Korea can play on honest foreign workers?

sulperman · Joined: 14 Oct 2008

She is getting some severance? Pro-rated? If so, be happy with what you are getting. Sounds to me like you aren't getting screwed at all. Just bad luck. Roll with it.

Sure, it sucks, but trust me, it sucks more for the owner. He is losing everything! Not a joke on you. Not quite sure how you could see it that way.

(also, don't really understand the first paragraph)

howard_roark · Joined: 26 Apr 2010 Location: South Korea

I guess that's what we have to accept then. I just feel like this is going completely against everything we were told about this company during the hiring process and is just one more thing that makes us want to get out.

Also, I don't think he's worse off in this situation. He's already hired a replacement for her, so he obviously can still operate his business, he just doesn't WANT to pay her in full.

As for the first paragraph, not quite sure what wasn't clear, but will try to make it clearer:

Last week my girlfriend's boss told her he was going broke. He said the only options she had was to leave at the end of May with a ten month severance or move to Hongchon, to another branch of the company for the next two months. On Friday however, he told her she didn't have an option anymore, that they had hired someone for the Hongchon position and that she was being released at the end of May.

Burndog · Joined: 17 Feb 2008

Yeah...I agree with Sulperman. I think that it's interesting that you say that this is a Korea only phenomenon, because in most countries if an employer goes broke...your stuffed. So, some money is better than you'd get in most countries.

It's a bad situation...and it's happening a bit at the minute...but there's clearly not much that you can do.

howard_roark · Joined: 26 Apr 2010 Location: South Korea

Burndog, you're right this can and does happen in other countries, and people do get screwed more than we are in this situation. I completely understand that. I was simply referring to the fact that I keep hearing that this happens to people as they reach the end of their contracts in Korea.

Was just posting this all to see if anything could be done to get all the money we're owed.

In the end, TIK.

sulperman · Joined: 14 Oct 2008

Wait, he hired a replacement for her? That changes everything. In that case, sorry! That is not cool! I guess I don't understand the boss' argument then. I'd be pissed too!

Burndog · Joined: 17 Feb 2008

Sorry...we clearly both typed at the same time...so I didn't read what you had written above.

He's already hired her replacement?? WTF? How can he tell her he's going broke and hiring a replacement at the same time?

With the first paragraph, it sounds like she will finish her contract at the other branch? Is that right?

Sorry, but if you've already sought advice from real lawyers...then they're probably going to know more than the punters on Dave's.

But...really...hiring a replacement? That's shameful!

Wishmaster · Joined: 06 Feb 2003

Yeah, I was just going to say...he ain't going broke if he's got the replacement all lined up. That is a complete screwjob agains the girl. Another example of shoddy employment practices in Korea and with no recourse for the employee. This country should be grateful that anybody comes here to work and put up with this BS. Luckily, I've had decent employers, but if I had a situation like the above, I'd definitely be pissed. Sorry, OP, it's a sucky situation. Once you leave it, please post the school's name and blacklist the employer.

Burndog · Joined: 17 Feb 2008

howard_roark · Joined: 26 Apr 2010 Location: South Korea

Yeah, that's the thing. She had the option to move to Hongchon last week, and then he took that away from her.

Also, a girl who just started working there last month, told my girlfriend she was sorry she had to leave, and that she didn't realize she would be replacing her. The recent hire is from the Philippines, and the boss told my girlfriend straight-up that he hired her because she was "less expensive."

We've talked to two lawyers who told us the same thing, that we really couldn't do anything about it. I figured I'd just throw the story out there to see if anyone knew anything else we could do.

Sorry bout how foggy the first paragraph was originally.

howard_roark · Joined: 26 Apr 2010 Location: South Korea

Wishmaster, I'll be blacklisting for sure. I'd post em now, but I only have 5-8 weeks left here, depending on when they send me home, and I'm still hoping to get all I'm owed.

Just for clarity's sake, we work for the same company, but different branches which are under different business licenses. I'm meeting with my boss today just to make sure I have nothing to worry about, but who knows at this point.

TheUrbanMyth · Joined: 28 Jan 2003 Location: Retired

Unless Immigration has stamped the back of her ARC this is illegal.

You can NOT work at another hakwon EVEN if it is part of the same branch of your original hakwon. Your ARC is tied to the address on it.

And if the recent hire is from the Philippines (a native) that is also illegal. Unless of course she has an F-2 (which she has to be married to a Korean to get. Which doesn't sound like it.)

Also your GF has been working there for ten months (ten months' severance) yes? If so, she is covered under labor law and the labor board can help her.

When you tell your boss this, he will huff and puff and try to tell you that everything is kosher. To which you reply "Then you won't mind me talking to Immigration and the labor board." If he starts screaming threats then you KNOW for a fact he's doing something wrong. And off you go to Immigration and the labor board. Let them sort that out.

howard_roark · Joined: 26 Apr 2010 Location: South Korea

TheUrbanMyth: Like I said, the option to work at the other hagwon has been taken away from her. Thanks though for the heads up.

The woman from the Philippines is married to a Korean man, so I'm guessing that sorts out the legality of her boss hiring her.

I'll have her say that stuff about the Immigration board today. If it makes any difference, she said something about them last week when this was dropped on us and he very casually said, "Okay, send them here."

I feel like he's trying to really just scare her into doing anything at this point. I don't know. He's so shady, and everyone we've spoken with has basically said he's not breaking the law, so I just don't know what's right anymore.

AsiaESLbound · Joined: 07 Jan 2010 Location: Truck Stop Missouri

Don't give him any more of your time and go onto your next plan in life right now. I would expect he'll just use you in the end and you would never see a final paycheck.

TheUrbanMyth · Joined: 28 Jan 2003 Location: Retired

Article 26 of the KLSA:

"An employer shall give an advance notice to a worker at least 30 days before dismissal (including dismissal for managerial reasons)."

Article 27. (1) " If an employer intends to dismiss a worker the employer shall notify the worker of reasons for dismissal and the date of such dismissal in writing.

(2) The dismissal of a worker shall take effect only after the written notification is given to the worker pursuant to paragraph 1."

Has he given her written notification yet?

And Article 25 states that "If an employer who dismissed a worker pursuant to article 24 intends to employ a worker for the same job the dismissed worker was in charge of at the time of dismissal within three years from the day when the worker was dismissed, he/she shall preferentially employ the worker dismissed pursuant to Article 24, provided that the worker wants that job."

Thing is he is giving her 10 months of severance (which he doesn't legally have to do) so it's her call if she wants to risk it by going to the labor board.