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howard_roark
Joined: 26 Apr 2010
Location: South Korea
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 Posted: Mon May 03, 2010 8:11 pm Post subject: Question About Hagwon refusing to pay my final month>> |
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I met with my boss last night. My contract runs out on June 30, 2010. However, my visa runs out on June 12, 2010. My boss told me that it will cost him a lot of money to extend my visa. I am fairly certain you can extend for two weeks for free which would bring me right up to the end of my contract, but he told me that it would in fact cost him money.
As a result, they are having me work the first four days of June, and after which I will receive my pension, flight, and four days of salary.
I told them that I was losing in essence $1500 dollars from this, and they responded that they were losing money as well because they didn't have another teacher yet to replace me, that the whole issue was my visa running out.
I told him that my visa issue was a result of them emailing me back in June 2009 and pushing my arrival date back from June 16 to June 26. He responded by claiming that I have numerous complaints against me from parents and students and that I'm lucky I'm getting anything.
I told him I wasn't going to get in an argument over this, because I know he's making it up just to get out of paying me my last month.
I then found out last night that the school does in fact have a replacement hired and that she is set to arrive on June 1, and that I will be training her for my final four days.
Now, (sorry for all that) what I'm curious about is whether or not I have a case I can make to the labor board, immigration or the embassy. When it comes down to it, if I lose $1500 over this, fine. I'm really sick of them trying to screw with me and am willing to just leave with what I've saved already. Further, I don't want to end up paying to go to court only to spend more money than I'd make back. I'm not trying to steal from them, or scam them, however as I understand it in my contract, I am owed that final month salary, and if that's the case, I'd like to collect.
Looking for any tips on how to approach this. If there's nothing I can do, or if it's not worth the fight, just let me know and I'll move on. However, I just want to see if I have any options to collect that money.
Thanks, and sorry again for so much here. |
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ChilgokBlackHole
Joined: 21 Nov 2009
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| Posted: Mon May 03, 2010 8:16 pm Post subject: Re: Question About Hagwon refusing to pay my final month> |
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| howard_roark wrote: |
| I met with my boss last night. My contract runs out on June 30, 2010. However, my visa runs out on June 12, 2010. My boss told me that it will cost him a lot of money to extend my visa. I am fairly certain you can extend for two weeks for free which would bring me right up to the end of my contract, but he told me that it would in fact cost him money. |
Visa extensions are free. Bring your passport, your ARC, and a copy of your contract (showing the date) to immigration. Extend your own visa. |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon May 03, 2010 8:18 pm Post subject: |
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| Your visa and employment (contract) should have the same dates. What's the reason for the contract going beyond the visa's one-year period? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon May 03, 2010 8:18 pm Post subject: |
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A visa extension (that allows working) is 30k won and a few pieces of paper (like certificate of guarantor, certificate of employment, and copy of your contract showing the end date) to accompany the application.
It costs your boss NOTHING for the extension.
The 30 day FREE extension is for "tourism" purposes and you are NOT allowed to work on it.
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kprrok
Joined: 06 Apr 2004
Location: KC
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| Posted: Mon May 03, 2010 8:20 pm Post subject: Re: Question About Hagwon refusing to pay my final month> |
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| ChilgokBlackHole wrote: |
| Visa extensions are free. Bring your passport, your ARC, and a copy of your contract (showing the date) to immigration. Extend your own visa. |
Working extensions like you are talking about ARE NOT FREE. However, they are very cheap, like 30k. The free extension you are thinking is non-working if you want to travel around the country. For that you need your ticket out of the country and they'll extend up to 30 days for free.
OP, your boss is full of bull poop in it costing a ton of money. It's cheap, 30k or maybe 50k at most. Go to immigration, take your contract, your VISA, your school's registration and that should be enough. Before you go, call and confirm what you need. |
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howard_roark
Joined: 26 Apr 2010
Location: South Korea
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| Posted: Mon May 03, 2010 8:38 pm Post subject: |
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@centralcali: the reason my visa date and contract dates are different are this: last year i was informed from my recruiter and school to go to the chicago consulate on June 12th. I was informed I would be flying to Korea on either the 17th or 18th of June. However, my school emailed me back on the 15th and said I wasn't needed until the 25th of June, and thus they purchased my plane ticket for that date.
Also curious to know if the fact that they hired my replacement over a month ago to replace me a month before my contract expires is illegal and if I can do anything regarding that. |
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wesharris
Joined: 10 Oct 2008
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| Posted: Mon May 03, 2010 9:01 pm Post subject: |
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| Your leave date is on your ARC Card mate. |
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howard_roark
Joined: 26 Apr 2010
Location: South Korea
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| Posted: Mon May 03, 2010 9:06 pm Post subject: |
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Alright, so it's confirmed then that my visa ending on June 12th has nothing to do with me having to leave. Cool. Thanks everyone.
Now, the other issue is the fact that they hired this replacement over a month ago specifically to replace me at the start of June. This is illegal, correct? They are breaking my contract, aren't they? Am I entitled to my last month's pay as a result of this or not?
Essentially what I'm wondering is, is it worth the hassle for me to call the labor ministry, or even to threaten them with that over this, or will it turn into something more of a pain in the ass for me. Should I just say "screw it" to my $1500 and walk away, or will it be a relatively painless experience if I call the labor ministry? |
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ChilgokBlackHole
Joined: 21 Nov 2009
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| Posted: Mon May 03, 2010 9:07 pm Post subject: Re: Question About Hagwon refusing to pay my final month> |
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| kprrok wrote: |
| ChilgokBlackHole wrote: |
| Visa extensions are free. Bring your passport, your ARC, and a copy of your contract (showing the date) to immigration. Extend your own visa. |
Working extensions like you are talking about ARE NOT FREE. However, they are very cheap, like 30k. The free extension you are thinking is non-working if you want to travel around the country. For that you need your ticket out of the country and they'll extend up to 30 days for free. |
Sorry, I must have been mistaken. The last time my boss and I went in for a visa extension, we weren't charged a dime. |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon May 03, 2010 9:13 pm Post subject: |
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| howard_roark wrote: |
| @centralcali: the reason my visa date and contract dates are different are this: last year i was informed from my recruiter and school to go to the chicago consulate on June 12th. I was informed I would be flying to Korea on either the 17th or 18th of June. However, my school emailed me back on the 15th and said I wasn't needed until the 25th of June, and thus they purchased my plane ticket for that date. |
Well, in that case your employment and thus visa period began on the date of arrival: 25 June. If you arrived earlier than that date, then the earlier date is the beginning date of your employment. That's because you did not sponsor yourself into the country: your employer sponsored you as his employee.
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| Also curious to know if the fact that they hired my replacement over a month ago to replace me a month before my contract expires is illegal and if I can do anything regarding that. |
Whether he hired someone else as a replacement is irrelevant. The thing that matters is if he terminates your employment illegally. It's actually his problem that he has to pay for two--or even zero--teachers instead of one; it's certainly not your problem.
p.s. It's not the labor ministry. It's the Labor Board. |
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howard_roark
Joined: 26 Apr 2010
Location: South Korea
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| Posted: Mon May 03, 2010 9:16 pm Post subject: |
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| @Centralcali: Ok, I can understand that. So, based on my issue, does it seem like he's terminating my contract illegally, or is he allowed to end my contract a month before it actually ends, bring in another employee, and not pay me my final month? |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon May 03, 2010 9:19 pm Post subject: |
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The time period of the contract must "shift" to reflect the period you are in Korea as his employee. If he's telling you that the contract is the over-riding thing, he's mistaken. To be perfectly clear, please fill in the following:
Date of arrival in Korea:
Date employer wishes to terminate your employment: |
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howard_roark
Joined: 26 Apr 2010
Location: South Korea
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| Posted: Mon May 03, 2010 9:23 pm Post subject: |
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Date Of Arrival: June 25 2009
Date Of Departure: June 5 2010 |
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kprrok
Joined: 06 Apr 2004
Location: KC
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| Posted: Mon May 03, 2010 9:58 pm Post subject: |
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to be even more clear...fill in this part too.
Date on your ARC: |
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howard_roark
Joined: 26 Apr 2010
Location: South Korea
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| Posted: Mon May 03, 2010 10:04 pm Post subject: |
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ARC Arrival: July 15 2009
ARC Departure: June 25 2010 |
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