Korean Job Discussion Forums

[yuyake79]

Hi..,
My contract started on April 1, 2010 and ends in March 31, 2011 but my boss keeps telling me that I finish at the end of February, because he wants me to leave before the beginning of the school calender year (March 1). Because, apparently, it's not good for the kindergarten students and their mothers if there was a change of teachers during the semester, especially early in the school calender year. And of course, he said that I wouldn't qualify for the severance pay as I'd be working for only 11 months. So I said that I intend to work until March 31.
And ever since, he's been "reminding" me that I finish at the end of this month. And I keep responding that I intend to work until March 31. He's already hired a new teacher to start at the beginning of March to replace me.
I haven't agreed to leave before March 31 without severance pay. I don't plan on quitting. And he hasn't really fired me.
Now, my question is, if I turn up for work at the start of March and he fires me then and there (and doesn't give me 30 days), would he still be obligated to pay my salary for March AND my severance pay? Or just my March salary?

[CentralCali]

What you want to do is go to the Labor Board when it happens. The boss's planned action is what's known as "11th month firing" and the LB is no stranger to dishonest bosses pulling that stunt. What you should be getting is the full pay for the month, the severance pay, and (if it's in the contract) airfare back to your country.

[RMNC]

Yep. Threaten him with going to the labor board for unlawful termination. Stir up some "doo doo". The problem now is that you'll have to be saintly, because he'll be looking for any reason possible to fire you before your 12 months is done, and be prepared (expecting, in fact) for him to try and not give it to you in the event you finish the full year for one reason or another, likely some kind of loophole in your contract.

[matthews_world]

Well, basically, the OP can't take it in his mind that he is fired. Koreans hagwon owners try to avoid or skirt around these types of issues the best they can.

Go to the labor board if you have any questions.

Get a reference letter signed and sealed before you leave. Make sure your boss can back you in any future ESL endeavours.

[BoholDiver]

And if the case is ongoing, make sure you show up to work everyday, thus not giving him a reason to fire you.

[Troglodyte]

If it's not in writing (or even witnessed) then he hasn't fired you. You have a contract until the end of March. He can't fire you now anyway unless he has a good reason and can prove it.

If you tell him that you know the law, then he might negotiate with you. If you DO come to the agreement that you'll leave at the end of February, make sure that you get an additional contract or appendix to the current contract which clearly states that you'll get X amount of money at the end of February - i.e. your february salary plus whatever bonus you agree on. DON'T have it mention "severance" as that's something that you get after 12 months. You need it to say simply that you'll receive a specific amount of money. Maybe sure as well that the money goes into your account on the last day of work. Check it that day. If you don't have the money, come in to work the next day. Don't give him a reason to legally fire you.

[NYC_Gal 2.0]

What the above poster said. You need written notice 30 days in advance. Say nothing until 29 days until the end of your contract

[yuyake79]

Thanks to everyone who replied to me with advice!! I'm afraid I need further advice

Ok,..so after I made it clear to my boss and my senior staff that I intended to stay until the end of March in order to get my severance pay, I heard, although not directly from my boss but through a coworker, that he will keep me until the end of March but I'd be teaching part time for the last month as he's already hired a full time teacher to replace me next week.
It's not the first time he's implemented something contrary to our contract without discussing it with me first.
So, this my new question. If I just go with what my boss just decided upon, I would only be completing 11 months full time plus 1 month part time, which would mean he wouldn't need to pay me severance pay. Right?
Also, if I just tell my boss that I'm going to work full time in March and I do my 9:30-5:30 everyday in March, but teach less than half the usual number of classes, would that be legally accepted as part time or full time?
What should I do to be safe?

[jrwhite82]

Go to the labor board. Why are you waiting to go to the labor board? This guy is jerking you around and you delaying is going to be the cause of you getting screwed. He is planning on cheating you. Go ASAP. Tomorrow. Do not wait any longer. Every day you wait, you are increasing your odds of getting screwed. Don't trust him. Go now. Open a complaint. Tell them exactly what he said. He reminds me of a stupid villain in a James Bond movie. Right now you are tied up hanging over sharks with laser beams on their heads. He is literally telling you his plan before he executes it. Escape (go to the labor board) and expose his plan and save the day (your severance).

Pass go and collect your $2000. Stop asking for advice and go to the labor board. We can't help you anymore. And don't tell them that he gave you verbal notice that you are being terminated. Tell them he told you he plans on switching you to part time in the 12th month and that he told you he wants to avoid paying severance. Then when they contact him he will say he is trying to fire you...to which you will say, he is firing me because I went to the labor board and to avoid paying severance. Both are illegal. Case closed.

[yuyake79]

Wouldn't my boss need to break the contract before I open a complaint? It's not March yet so he hasn't breached the rules yet. According to my (limited) understanding on this, the labor board only takes action once the rules have been breached.
I actually, called them last week and I told them that my boss had already hired my replacement and that he expected me to leave this month, which was the case up until this past weekend. The labor board told me that I should tell my boss my intentions and just show up to work at the beginning of March and if my boss says "you're fired" then I could file a complaint. I think, until something actually happens, the labor board can only give you advice.
I think the labor board would tell me to make it clear to my boss that I intend to stay until the end of March as a full time teacher, and if in March he says I'm part time then I could report it. I think I need to make it clear to my boss that I want to work full time until the end of March. But I'm trying hard not to trigger the "you're fired" words from my boss (if ever says them) until I have less that 30 days left to the end of my contract. If I get fired too early it might make it harder for me to claim my severance pay. So I was thinking, I should wait until March to confront him.
Am I doing something wise or stupid? I don't know.

[jrwhite82]

Ok. Then you have to do this in writing. And when he switches you to part-time. Don't go home.

[WadRUG'naDoo]

Doesn't matter if he gives you less classes (which he calls "part-time"). He's got you till the end of your contract whether you're teaching or picking your nose.

Stand your ground.

[ontheway]

[shifty]

Agree with all ontheway says.

Maybe it'd be an idea to preempt matters and bring to a head as soon as the final month starts. Thus gaining almost a month of labor board assistance, if time in Korea is a consideration for you.

Do this by briefing the newcomer in full as to the director's 11th month firings, that it will happen to him/her as well. Then within boss's earshot as well carry on with the hometruths. Make it plain what you're doing. This hopefully should get you fired and you can then hasten to the LB with the news.

In any event the situation will be untenable for you with two teachers around, so you may as well use the time productively.

Where will the new teacher be living for that month? Has your director seperate accommodation and furnishings for the purpose?

[yuyake79]

I plan to leave the country to go home after this job ends. But I did apply through immigration to stay in the country for up to 30 days after my contract ends. So I think I'll take Shifty's advice and try to get the ball moving at the start of the final month. That way, I can have a full month of labor board assistance while still working and if the labor board needs more time I could spare a further 30 days.
I don't know where the other teacher will live during my final month. I think he wants the new guy to live at my place, but I know he has another seperate accommodation. I told him that I didn't want to move out until the end of my contract.

By the way, how long does it usualy take the labor bourd to fix this?