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iggyb
Joined: 29 Oct 2003
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 Posted: Tue Oct 26, 2010 6:33 pm Post subject: |
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| His visa was processed on the 19th. But the contract stated that he would begin work on the 26th. |
Someone above said that the Labor Law says the official beginning of work is the first day of the work visa.
If that is true, it doesn't matter what the contract says.
The Labor Board is not technically official. It is a conflict-resolution mechanism. Just ask workers who have won there but never collected the money anyway...
The OP will need to check the Labor Law for himself and then decide if he wants to contact a lawyer to see about taking it to a real court. Is it worth it to him? And again, sometimes just being contacted by a lawyer is enough to get the money from the boss - though I'd say it is less likely since the Labor Board has already made a ruling... |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Tue Oct 26, 2010 6:47 pm Post subject: |
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| iggyb wrote: |
| Quote: |
| His visa was processed on the 19th. But the contract stated that he would begin work on the 26th. |
Someone above said that the Labor Law says the official beginning of work is the first day of the work visa.
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Really? Where? In fact I was unable to even find the word "visa" in there. Remember it was written primarily for Korean workers who do not require a visa to work here, so even though it applies to us as well I'd be very surprised if you could even find the word "visa" in there as it applies to us. To say nothing of the claim above.
As for the Labor Board I rather suspect that it knows Labor law and the KLSA a little better than us...hence it ruled the way it did. And the Labor Board IS official...it simply has no teeth to enforce its rulings. That is what the courts are for...and they tend to look quite favorably on your case if you have a ruling from the Labor Board that found for you. |
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Carla
Joined: 21 Nov 2008
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| Posted: Tue Oct 26, 2010 7:36 pm Post subject: |
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| iggyb wrote: |
| Quote: |
| His visa was processed on the 19th. But the contract stated that he would begin work on the 26th. |
Someone above said that the Labor Law says the official beginning of work is the first day of the work visa.
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I haven't checked the Labor Law in a while, but I am sure TUM did.
I was just thinking, if that law is right, then teachers could come in a few weeks earlier than their contract states, have fun, and still expect to be paid for the time?
Schools can't control what days the teachers arrive, which is why immigration has the extensions available.
As for the coming into the country for orientation, my personal feelings are that is work, you should be paid. But, my personal feelings have nothing to do with it. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Tue Oct 26, 2010 8:32 pm Post subject: |
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| Carla wrote: |
| iggyb wrote: |
| Quote: |
| His visa was processed on the 19th. But the contract stated that he would begin work on the 26th. |
Someone above said that the Labor Law says the official beginning of work is the first day of the work visa.
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I haven't checked the Labor Law in a while, but I am sure TUM did.
I was just thinking, if that law is right, then teachers could come in a few weeks earlier than their contract states, have fun, and still expect to be paid for the time?
Schools can't control what days the teachers arrive, which is why immigration has the extensions available.
As for the coming into the country for orientation, my personal feelings are that is work, you should be paid. But, my personal feelings have nothing to do with it. |
+1
To further clarify for anyone else who may be confused. If the first day of your work visa was the first day of work then why would anyone require an extension? The labor board would simply look at the visa dates "OK he's been in Korea for one year, you must pay him."
The E-2 visa states the entry and exit dates of your sojourn within the country which are NOT necessarily the same as the starting and ending dates of work. That's why people have to get extensions in the first place. That's also why some people get shafted out of their severance legally...they were in-country for a year but didn't necessarily work all that time. |
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oldfatfarang
Joined: 19 May 2005
Location: On the road to somewhere.
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| Posted: Tue Oct 26, 2010 9:18 pm Post subject: |
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| CentralCali wrote: |
| 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. |
Yes it's a trick to stop EPIK from paying GET's for the compulsory 'orientation' period. NB: Orientation obviously isn't considered (paid) work by EPIK.
Sure, you don't have to sign the new contract (with new dates), but then they would just say you failed your orientation ('too difficult etc' or for whatever reason) - and then no job. So it's the classic Bait and Switch - sign this new one with the new dates - or...... However, I'm pretty sure EPIK contract will have something in it about orientation being compulsory and non-paid (sorry, my contract not handy).
EPIK must do this for a reason - and it must be to save money.
Comments - anyone? |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Tue Oct 26, 2010 9:26 pm Post subject: |
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| This "new contract" is a new one on me. I never had to sign a new contract...then again my "orientation" took place 2 months after I was hired (I started in January)...so that may have something to do with it. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Tue Oct 26, 2010 9:35 pm Post subject: |
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| OP, I think that basically you were cheated and unless you're willing to hire cousin Tony and two of his rather intimidating associates to sort out the matter for you, then there's not really much that can be done to get your severance pay. |
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iggyb
Joined: 29 Oct 2003
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| Posted: Wed Oct 27, 2010 3:46 am Post subject: |
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| Anyone have a link for the labor law handy? |
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