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dfunk
Joined: 13 Mar 2007
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Posted: Tue Oct 26, 2010 3:41 am Post subject: I need advice...Please |
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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. |
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jrwhite82

Joined: 22 May 2010
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Posted: Tue Oct 26, 2010 3:45 am Post subject: |
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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. |
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dfunk
Joined: 13 Mar 2007
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Posted: Tue Oct 26, 2010 3:54 am Post subject: |
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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. |
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tanklor1
Joined: 13 Jun 2006
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Posted: Tue Oct 26, 2010 4:05 am Post subject: |
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dfunk wrote: |
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. |
You were cheated your boss sounds like a cheap C*&%. You gave them nearly a year of service. Loyalty to workers is high up on my list and this person seems to lack it. |
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CentralCali
Joined: 17 May 2007
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Posted: Tue Oct 26, 2010 4:16 am Post subject: Re: I need advice...Please |
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dfunk wrote: |
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. |
That's a year and a day. One year is 26 August 2009 to 25 August 2010.
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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. |
How could your visa expire before a year's work at the place? Remember that your working year begins the very day you enter the country on an E-2 visa, even if that entry day happens to be a Saturday. Check your contract to be sure it states "one year" for period of employment. If so, it doesn't matter what date he thinks he can be rid of you and his financial obligation.
What you need to do is show the Labor Board that you entered the country on a particular date, sponsored by this particular employer, and that you did work a full year (as I indicated above what the year is) for that employer. |
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Carla
Joined: 21 Nov 2008
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Posted: Tue Oct 26, 2010 5:00 am Post subject: Re: I need advice...Please |
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CentralCali wrote: |
That's a year and a day. One year is 26 August 2009 to 25 August 2010.
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I think he only worked from August 26, 2009 to August 19, 2010.
CentralCali wrote: |
How could your visa expire before a year's work at the place? Remember that your working year begins the very day you enter the country on an E-2 visa, even if that entry day happens to be a Saturday. Check your contract to be sure it states "one year" for period of employment. If so, it doesn't matter what date he thinks he can be rid of you and his financial obligation.
What you need to do is show the Labor Board that you entered the country on a particular date, sponsored by this particular employer, and that you did work a full year (as I indicated above what the year is) for that employer. |
There was a time during swine flu last year where they wanted the teachers to arrive a week before they were to begin working for a week quarantine... well, I guess an anti-quarantine. You could go anywhere but the school, lol.
You are right, his visa began when he arrived in the country, but he probably arrived before his contract began. This might be a problem for more people coming up. I've heard about people running out of visa before they ran out of contract before, especially if they want to come in a week or so early to get settled in or visit friends before they start working. |
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plato's republic
Joined: 07 Dec 2004 Location: Ancient Greece
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Posted: Tue Oct 26, 2010 5:17 am Post subject: |
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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. |
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sulperman
Joined: 14 Oct 2008
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Posted: Tue Oct 26, 2010 5:26 am Post subject: |
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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! |
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oldfatfarang
Joined: 19 May 2005 Location: On the road to somewhere.
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Posted: Tue Oct 26, 2010 3:47 pm Post subject: |
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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. |
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le-paul

Joined: 07 Apr 2009 Location: dans la chambre
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Posted: Tue Oct 26, 2010 4:40 pm Post subject: |
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i think oldfatfarang is right.
Its an issue with completion of contract (date 'a' to date 'b') dates as much as saying youve completed a 'year' (time).
I hope Im wrong and you get it sorted... |
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CentralCali
Joined: 17 May 2007
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Posted: Tue Oct 26, 2010 4:53 pm Post subject: Re: I need advice...Please |
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Carla wrote: |
CentralCali wrote: |
That's a year and a day. One year is 26 August 2009 to 25 August 2010.
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I think he only worked from August 26, 2009 to August 19, 2010. |
If he entered the country on 26 August 2009 and the boss terminated his employment on 19 August 2010, then he does have recourse. That stunt is colloquially referred to as "11th month firing." That's if the contract was for a period of one year. If the contract itself stipulated those very dates, then that rots. Well, it might not rot to much if, and only if, the contract stipulated that he would be given severance pay anyway at the end of that less than one year period.
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There was a time during swine flu last year where they wanted the teachers to arrive a week before they were to begin working for a week quarantine... well, I guess an anti-quarantine. You could go anywhere but the school, lol. |
It's the school's problem if they didn't put the employee to work actually teaching immediately. The period of sojourn (as in contracted employment period) still begins upon entry on that visa.
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You are right, his visa began when he arrived in the country, but he probably arrived before his contract began. This might be a problem for more people coming up. I've heard about people running out of visa before they ran out of contract before, especially if they want to come in a week or so early to get settled in or visit friends before they start working. |
The key is what status did he enter Korea? Did he enter as a tourist? Quite unlikely. He, and the others you refer to here, enter Korea on the employment visa.
At any rate, the boss is a jerk for stiffing the employee in this low-handed manner. |
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iggyb
Joined: 29 Oct 2003
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Posted: Tue Oct 26, 2010 5:24 pm Post subject: |
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If he entered the country on 26 August 2009 and the boss terminated his employment on 19 August 2010, then he does have recourse. That stunt is colloquially referred to as "11th month firing." |
I haven't checked up on this thoroughly in awhile, but I believe this is correct.
The 11th month contract was not uncommon back during the last economic collapse.
The contract cannot go against Labor Law. It doesn't matter what it says if it is counter to the law.
Get a copy of the Labor Law and read it a couple of times. You can find a link for it here at Dave's somewhere. You used to be able to buy a copy of it at Kyobo Bookstore in Seoul.
The Labor Board saying you don't have a case is the big problem right now.
They either know the law and are applying it - or - they are making a mistaken read of the law - or - the boss gave them an envelop with cash.
The stuff I'm reading at Dave's now is very similar to what happened in the late 1990s with the IMF economic meltdown...
Hakwons left and right were cheating people. Sometimes labor boards helped the cheated. Other times they listened to the sob stories of the bosses (and the handful of cash they were given).
Try to contact someone higher up than the local labor board.
Also try to contact an immigrant worker's rights group in Seoul.
The 11th month contract was tried a good bit during the last economic meltdown, but it broke Korean labor law.
You might want to contact a labor lawyer and have them call your boss. That can sometimes push the boss to give you the money anyway. |
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CentralCali
Joined: 17 May 2007
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Posted: Tue Oct 26, 2010 5:45 pm Post subject: |
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oldfatfarang wrote: |
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. |
One enters Korea on the visa issued based on the contract presented, correct? Why sign a different contract?
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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. |
That's a new one on me. Where do they come off sponsoring someone into the country and then saying they're not going to pay you? It's time on the contract, and paid time at that. The employee is going to a place assigned by the employer to perform a task also assigned by the employer. That's work, work performed on a visa sponsored by the employer. |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Tue Oct 26, 2010 6:12 pm Post subject: Re: I need advice...Please |
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CentralCali wrote: |
dfunk wrote: |
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. |
That's a year and a day. One year is 26 August 2009 to 25 August 2010.
Quote: |
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. |
How could your visa expire before a year's work at the place? Remember that your working year begins the very day you enter the country on an E-2 visa, even if that entry day happens to be a Saturday. . |
His visa was processed on the 19th. But the contract stated that he would begin work on the 26th. When his visa expired after one year that would be August 18th. So the end date of the contract would likely be August 25th. |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Tue Oct 26, 2010 6:17 pm Post subject: Re: I need advice...Please |
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CentralCali wrote: |
Carla wrote: |
CentralCali wrote: |
That's a year and a day. One year is 26 August 2009 to 25 August 2010.
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I think he only worked from August 26, 2009 to August 19, 2010. |
If he entered the country on 26 August 2009 and the boss terminated his employment on 19 August 2010, then he does have recourse. That stunt is colloquially referred to as "11th month firing." . |
No. The boss did not terminate his contract. The visa expired before the contract's end. Which is why the Labor Board ruled in the boss's favor.
It sucks for the OP but that's the way it is. The Labor board looks at the contract dates (end and start) and not the visa. At least that's how it was in my experience.
What I don't understand is how the OP (after 4 years in Korea) didn't realize he had to go to get an extension. |
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