Korean Job Discussion Forums

dfunk · Joined: 13 Mar 2007

First of all, I want to thank anyone who takes the time to read this. I hope this post isn�t too long, but I need to explain my situation in detail so I can get the proper feedback.

In August 2009, I finished my 2nd contract in Korea. Before my visa was up, I found a new job and with them, applied for my new visa. This visa was processed and started on the 19th of August. However, my contract with my new employer stated that I would begin working on the 26th of August, a week later.

Near the end of my contract, I began noticing that my employer was struggling finically. When my visa expired on the 19th of August, 2010, I was told that I would receive my severance pay within 15 days. Well I didn�t. From that point on, I was always told next week, next week. Well I waited almost two months and still nothing. Finally, I decided to file a complaint to the Labour Board. They began their investigation.

Here comes the bad news. I was told that because I didn�t work a full year with that company (August 26th, 2009 � August 26th, 2010), I am not entitled to my severance. Under Korean labour laws, you must work a full contracted year in order to receive your severance.

My issue is that my visa expired on 19th of August therefore I could not complete my contract legally. My employer did not mention any of this to me and simply told me that I was done on the 19th.

Is there anything I can do? The Labour Board says I have no case. I feel helpless. He owes me close to $2500. Shouldn�t the visa dates and the dates of actual employment coincide with one another?

Any help, thoughts, suggestions, and/or similar experiences that anyone has to share are greatly appreciated. I�ve been here in Korea for almost 4 years and this is the first time that anything like this has happened to me. Maybe it�s completely my own stupidity, but I hope not. It�s too much money.

Thanks again for reading.

jrwhite82 · Joined: 22 May 2010

Ouch that is a total bummer. I'm sorry to hear that.

But I don't think you have a case. I don't mean to kick you while you're down, so don't take this offensively. What your boss and you should have done (and others in this situation) was apply for an E2 extension to cover you for the full 12 months.

dfunk · Joined: 13 Mar 2007

That's what I'm afraid of.

I just feel I was cheated a bit. The fact that he never suggested I extend my visa, or had to, to complete my contract frustrates me.

tanklor1 · Joined: 13 Jun 2006

CentralCali · Joined: 17 May 2007

Carla · Joined: 21 Nov 2008

plato's republic · Joined: 07 Dec 2004 Location: Ancient Greece

Might be an idea to name and shame your school once you've finally cut off all ties, so that others don't end up in the same situation. Sounds like he set your start date back a week in order to squirm out of paying you severance.

sulperman · Joined: 14 Oct 2008

That sucks....

If you really have no legal recourse, which unfortunately sounds like it may be the case, I would have a "friend" put the school's name up in lights. Everywhere on the internet you can. And have the same "friend" warn everybody else who works there about the scummy employment practices. Make sure it is a friend though, and not yourself, so as to save yourself from any potential problems.

Or long term, you could get married, open a hagwon across the street from it and put them out of business. Best served cold, right?

So not cool!

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

OP Your contract should state the start and finish dates.

What was the start and finish date on your contract? Were the dates 26 Aug 2009 to 25 Aug 2010? This is important.

You have to work one full year from the start date to the end date on your contract. You must work these dates to get severance. Not working even one day short of these dates nullifies your severance. Sorry, no exceptions.

However, you are considered working from the start date on your contract. So if you didn't start teaching till after that date, and your boss didn't get you to sign another contract (with a delayed date), then your term of employments still starts and finishes on the contracted dates.

EPIK PS get around the problem of teachers arriving nearly 2 weeks before they start teaching (unpaid orientation) by making teachers sign a new contract when they arrive (with a delayed starting date). That requires EPIK teachers to get an extension at Immigration (30,000 w) to cover their extended stay in Korea - so they can complete their one year contract term.

Please get back to us with the start and finish dates on your contract.