Korean Job Discussion Forums

[deadhead]

Let me preface this by saying that I have been at the school since Sept. 2008. I resigned at the same school in Sept. 2009 and now have a F2 visa.

I am currently in a contract with my school that ends September 1. Last month my school told me that they would be taking 10% of all teachers' pay because enrollment was low. They said if enrollment increased they would give us the money back so I agreed.

Now, 2 months have passed and I demanded that they pay me in full. They said they couldn't do it and if I didn't like it then I should leave. I took them up on their offer and said that May 31 would be my last day.
Tonight before I left I think they threatened me with legal action. They said that if I didn't give them 2 months notice that I would be "responsible". I am not sure what this means but I held my ground and said that I would be leaving at the end of May.

My question is, can they legally do anything? My contract mentions something about recruiter fees and airfare but since I resigned a contract I shouldn't have to repay these (I was already in Korea so airfare is 0 and they didn't need to pay a recruiter to fine me).

I hope I can get out of here without having to pay anything to them. Thanks in advance!

[ttompatz]

F2 = wait till payday and walk out the door.

Under labor law they have NOTHING to threaten you with.
You CAN take them to the labor board and GET ALL the money you are owed.

They can't touch your visa (your wife is your sponsor).

Tell them to pizz up a rope, turn sideways and blow into the wind.

Have fun pissing into their cornflakes and telling them where the bear poops in the woods.

.

[deadhead]

How about that I signed a contract?I don't have to worry about that?it is a legal document (not to them). Like if you were to cancel a phone contract you would have to pay a penalty. It's not the same thing?

Or if when I leave if they can't find a replacement teacher and students quit. Am I responsible for the lost income? I did give them 1 month notice.

Thanks for the quick response!

[ttompatz]

[jonpurdy]

[deadhead]

I agreed to it because I had to wait for my F2 paperwork to go through. I didn't want them to try to mess with anything while I was on my E2. Now that I have the F2 I don't have to worry about them firing me or cancelling my visa.

[Skippy]

So let me get this straight you finished one contract and resigned for another year and you do not want to finish.

Recruiters fee - you owe nothing as you finished the contract the recruiter found you.

Airplane tickets - Any tickets from first year I would consider void and old news. If they paid for tickets in this round of renewal I would guess you might owe.

But as people say you have F2 now. The power is all yours.

Also do try and see if you owe them any money - rent, old bills, etc. They might be able to get you on that.

Good Luck

[deadhead]

That's correct. I re-signed there because it was fine at the time. But now the place is really going downhill.
�
I understand that I don't owe any recruiter fees and they didn't pay for any kind of airfare between contracts, so I �am also covered there.
�
The only thing I am concerned about is if they try to find a teacher and fail (should read: can't afford to hire a new teacher), and then try to make me pay for financial damages due to me not finishing my contract.
�
If they can't find a new teacher and the other teachers have to work overtime can they sue me for the extra overtime pay?

Either way I plan to contact the labor board on Monday to get a second opinion. I am just stressing about this and needed some comfort/thoughts on the situation.�

Thanks for all the help!

[ttompatz]

Dude.... READ MY LIPS

YOU are an EMPLOYEE.


http://www.molab.go.kr/english/topic/laborlaw.jsp?tab=Standards

And as an employee you are entitled to certain rights and protections under the law:

Article 7 (Prohibition of Forced Labor)
No employer shall force a worker to work against his own
free will through the use of violence, intimidation, confinement
or any other means which unlawfully restrict mental or
physical freedom.
============
Article 15 (Labor Contract contrary to This Act)
(1) A labor contract which establishes working conditions
which do not meet the standards provided for in this Act shall
be null and void to that extent.
============
You are NOT responsible for his losses as a result of your quitting.
Article 20 (Prohibition of Predetermination of Nonobservance)
No employer shall enter into a contract by which a penalty
or indemnity for possible damages incurred from breach of a
labor contract is predetermined.
============
Article 39 (Certificate of Employment)
(1)If a worker makes a request to issue a certificate
specifying term of employment, job specification, title and
wages or other necessary information even after the
retirement of the worker, the employer shall immediately
prepare and issue the factually correct certificate.
(2)The certificate referred to in paragraph (1) shall only
contain the items that the worker concerned has requested.
=============
Blacklists are ILLEGAL
Article 40 (Prohibition of Interference with Employment)
No one shall prepare and use secret signs or lists, or
have communication for the purpose of interfering with
employment of a worker.

http://www.molab.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards

.

[hamie]

ttompatz you rock!

Straight to the point!

[Hotpants]

From what you describe, it sounds like the employer is making hot air threats. It's a hassle for them to find a new teacher. They've got nothing to hold you against, except you might want to brace yourself for not getting your final paycheck, as they are already suspicious that you are going to run. In that case, YOU can take them to the labor board if you don't get paid. As Ttompatz says, with an F2, you pretty much call the shots in this one. Effectively, you are on a performance-related-pay schedule. Not what you signed up for, and if you are happy to continue working for a hagwon (I assume that you are in a hagwon), there are 1000s out there looking for teachers. Start looking for a new school asap.

[deadhead]

Alright. I won't worry about it then. Thanks a lot for the help everyone!I will update if anything new and exciting happens!!

[Billos]

[deadhead]

Ok... so today my employer told me that she met with lawyers and filed paperwork to go to claims court to collect money from me.

This morning before all this happened I went to the labor board to get a second opinion. They told me not to worry about anything and my school won't be able to get anything from me. They did however tell me that I must finish the month working there because I told them I would finish the month. So according to the labor board person, I can't just get up and leave.

If they are going to take me to court to get money or TRY to sue me, do I need a lawyer? Does anyone have any information on how claims court works in Korea? What is the next step I need to do?

[ChilgokBlackHole]