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Define "working day"

 
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johnyv40



Joined: 19 Dec 2008

PostPosted: Thu Oct 21, 2010 2:17 am    Post subject: Define "working day" Reply with quote

So my contract says that i am to be given 20 "Working Days" of notice before dismissal.

I was notified. That I am out of a job on end of the month. I found out that on Oct 13 a Wednesday
which according to me that is 13 WORKING days. M-Friday that i would work
according to my boss it includes weekends. so she says she is off by 2 days, and if i want will let me work 2 more days.
Anybody know where to look this specific definition up at?


also if i dont accept half pay for my last month, to recover her loses, she will report me to immigration so i cann't ever get a job in korea (not scared of that)
any advice on how to respond to that

thanks
guys
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Oct 21, 2010 2:27 am    Post subject: Re: Define "working day" Reply with quote

johnyv40 wrote:
So my contract says that i am to be given 20 "Working Days" of notice before dismissal.

I was notified. That I am out of a job on end of the month. I found out that on Oct 13 a Wednesday
which according to me that is 13 WORKING days. M-Friday that i would work
according to my boss it includes weekends. so she says she is off by 2 days, and if i want will let me work 2 more days.
Anybody know where to look this specific definition up at?


also if i dont accept half pay for my last month, to recover her loses, she will report me to immigration so i cann't ever get a job in korea (not scared of that)
any advice on how to respond to that

thanks
guys


If you have been there for less than 6 months then it is strictly a contractual matter and there is nothing to look up.

If you have been there MORE THAN 6 months then you are legally entitled to 30 days notice (under labor law) or pay in lieu of notice. Your contract cannot make it less than the law requires.

.
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johnyv40



Joined: 19 Dec 2008

PostPosted: Thu Oct 21, 2010 2:44 am    Post subject: Reply with quote

how about this then

At the end of October it will be 6 months
Seriously, no snarky
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Oct 21, 2010 2:52 am    Post subject: Reply with quote

johnyv40 wrote:
how about this then

At the end of October it will be 6 months
Seriously, no snarky


Then you are under the 6 month mark (when you got your notice) and (as far as the labor board is concerned) are still "officially/legally" a "probationary employee" and NO NOTICE is required by law.

You get what your contract calls for and if it (a working day) is not properly defined in your contract it is whatever you can negotiate.

Sorry to be the bearer of bad news but labor won't help you on this one.

.
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johnyv40



Joined: 19 Dec 2008

PostPosted: Thu Oct 21, 2010 9:07 pm    Post subject: Reply with quote

what about her
claiming to keep
half of my last pay check, to cover the expense of getting me here?
that seems so F$#*ing wrong
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Oct 21, 2010 9:14 pm    Post subject: Reply with quote

johnyv40 wrote:
what about her
claiming to keep
half of my last pay check, to cover the expense of getting me here?
that seems so F$#*ing wrong


Again, contractual matter - you have to repay the airfare if you work less than 6 months (typical contract).

IF you want to wait till AFTER you end work you can file a claim for unpaid or with-held wages at the labor office.

They won't do anything until 14 days AFTER your last pay date and they will uphold her keeping the value of the airfare if that is in your contract.

Just cut your losses, GET a LOR and find a new job.

.
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guava



Joined: 02 Sep 2009

PostPosted: Thu Oct 21, 2010 11:18 pm    Post subject: Reply with quote

johnyv40 wrote:
what about her
claiming to keep
half of my last pay check, to cover the expense of getting me here?
that seems so F$#*ing wrong


Thats some impressive haiku poetry skills there
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Fri Oct 22, 2010 7:40 am    Post subject: Reply with quote

Here's a question that I've been curious about for quite a while. If the OP withdraws his/her money from the bank (and keeps it in cash or sends it home) and then tells immi that he has no means to buy a plane ticket out of Korea, what will happen? Will then throw him in jail (at the tax payer's expense) until someone gives him the money for a plane ticket and a fine? Will they force his sponsor (the school) to buy him a ticket home? Some other procedure?

I've been curious about that for a long time, but I've never met anyone who's been in a situation where they didn't have money to get home (or were willing to pretend they didn't have the money).


OP, if I were you, I'd try to get a LOR from your boss and a good reference for any employers who call her. She pretty much has the upper hand in this situation, but you CAN make things difficult for her if you plan on sticking around in Korea or coming back in the near future. If she doesn't pay part of your salary, you CAN get the labor board to make her pay you. Even with less than 6 months, you still have the right to be paid (minus anything that it mentions in your contract). Don't sign anything that says that you agree to receive half your October salary.

Be polite with your current boss. Say you understand her situation and that you don't mind leaving, but you'd just like to get an LOR so that you can start a new job ASAP without returning home for a month. Be very friendly and cooperative. If she DOES make illegal deductions from your last salary, then report her AFTER your visa has been transferred to your new employer.

If you have a LOR, you can get another job in Korea starting within a week or 2. Many schools want a last minute teacher to start tomorrow. Just contact every recruiter that you can find on the job postings page. Tell them your situation and say that you need something to start within 2 weeks of your last work day. Recruiters know that someone with an LOR can start work immediately (no visa applications) and it's cheaper for the schools (no flight over, no visa run to Japan). The visa transfer process is very simple and since you're so close to the 6 month mark, they'll likely allow it. If they don't, then tell the recruiters that you're willing to do a visa run to japan to get another job as long as it starts within a week of your current job (i.e. you only spend a week or so living at a hostel or yokwan).
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BoholDiver



Joined: 03 Oct 2009
Location: Canada

PostPosted: Sat Oct 23, 2010 5:43 am    Post subject: Reply with quote

If yur employer refuses to give you a LOR and she's docking your pay anyways, you might as well not go to work on Monday.

Why work for free?
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat Oct 23, 2010 8:20 am    Post subject: Reply with quote

It's also possible that your boss won't pay you at all for your last month.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Sat Oct 23, 2010 1:32 pm    Post subject: Reply with quote

1) The owner has no money. This means YOU WILL NOT GET PAID.
2) The owner has money but doesn't like you teaching there.

In situation 1, you are more likely to get their support for another school. They may even hold off terminating the contract.

In situation 2, something more serious happened between you and your school and it is best to get whatever you can NOW and leave as soon as possible.

Good luck, whichever the situation you are in. I have been in both and it always ended up better for me. There is always another school around the corner. Cool
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun Oct 24, 2010 6:59 pm    Post subject: Reply with quote

Troglodyte wrote:
Here's a question that I've been curious about for quite a while. If the OP withdraws his/her money from the bank (and keeps it in cash or sends it home) and then tells immi that he has no means to buy a plane ticket out of Korea, what will happen? Will then throw him in jail (at the tax payer's expense) until someone gives him the money for a plane ticket and a fine? Will they force his sponsor (the school) to buy him a ticket home? Some other procedure?

).



They'd check your bank records to make sure you weren't fibbing. If they see a lot of money going home they are not likely to believe you. And you'd likely end up in a detention center once your visa has expired. Then wait until the bigwig(s) have made a decision on what to do.

The answer is it depends. There is no one case fits all. The above scenario is the most likely but not the only one.
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