Korean Job Discussion Forums

[R. S. Refugee]

My current employer is the most unreliable regarding pay issues I've had in many, many years here.

Every one who leaves this employer has had to file a complaint with the Ministry of Labor to get their severance pay. I've decided to stay in Korea for a few months for pleasure (I know, I know), but I can only get up to 30 days extension of my stay on my E-2 visa. However, I know I will have to file a complaint with the Ministry of Labor in order to get the severance pay since everyone who has worked here has had to do that. And it will likely be several months before it is resolved and the deadbeats pay up.

It seems that I recall from reading here in the past that KIMMI would grant a different visa status for someone who was having to pursue such action against a flaky, dishonest employer. But I don't recall the details, such as does it only apply to law suits or does it also apply to instances such as this where the aggrieved party had to file a complaint with the Ministry of Labor against the former employer to get their legally required severance pay.

Does anyone know?

Thanks very much in advance.

[OculisOrbis]

Yes, you can.

Wait for 14 days after your employment has ended and, if your former employer hasn't paid all you are owed, go file a claim at labor board. Take a copy of your labor claim report to immigration to get your departure date extended. Very simple and doesnt cost anything. You can also look for work and start a new job while a labor claim is pending (if you have any interest in that).

The only hitch in the plan is that you need to take a copy of your outgoing plane ticket to immigration to be able to get the (up to) 30 day departure extension that would even allow you to remain for 14 days after your employment has ended....kind of a catch-22 unless you get a refundable ticket or are able to change the date without a severe penalty. Also, immi only gives the free departure extension to the date on your outgoing ticket up to a maximum of 30 days - they dont necessarily give 30 days unless that is the date on your ticket.

You also have the option of filing a claim just before or after you leave. You dont have to be in korea to file a claim for unpaid wages. You can call the labor information line and immi info line for more details.

031 345 5000 Labor
1345 Immi

[ajosshi]

Please post the name of your employer.

If you'd rather not, please PM me with the name of your employer.

Thanks