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Son Deureo!
Joined: 30 Apr 2003
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 Posted: Fri Mar 04, 2011 5:17 am Post subject: |
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| matthews_world wrote: |
So 15 students quit. No wonder the firing. He doesn't have the income to warrant honoring your full end of contract benefits.
Pretty cut and dry.
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No. Hogwons are seasonal and cyclical businesses. There's an influx of students at the beginning of each school year vacation (the beginning of July and mid-December) who then leave at the end of that vacation (the beginning of September and March). His boss should have expected a number of students to be leaving right about now, and this most likely has nothing to do with the OP.
If it had anything with him learning how to say annyeonghaseyo this year, his boss should have said so long before now. |
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some waygug-in
Joined: 25 Jan 2003
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| Posted: Fri Mar 04, 2011 5:54 am Post subject: |
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Kind of sounds like one of my old bosses.
I know it can't be, but perchance would your haggie be Hy **dae Interpretation?
Not likely, because that guy went broke about 2 years after I left.
Your boss knew this was coming and was planning this all along, no doubt he has pulled this stunt with previous teachers.
You really should have talked to a former teacher before you accepted the job, but then so should have I. We learn by our mistakes.
Good luck getting your money, I never got a dime that I was owed.
I hope you have better luck than I did and that your local MOL will actually hear your case. |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Fri Mar 04, 2011 8:45 am Post subject: |
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Nope,..Hy **dae Interpretation isn't the hagwon I'm talking about.
The hagwon that fired me starts with a "B"
Yep, asking former teachers would have been wiser. Although, that isn't always a sure way of getting the information you need. I remember a couple months ago my boss was trying to recruit a teacher over at one of the other branches. That teacher wanted to speak to a teacher already working at the academy, but for some reason they asked the not-yet-employed teacher to call my coworker over at our branch. She was applying at the other branch so why didn't they get her to talk to one of the teachers over there?  I guess I'll never know why... |
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I-am-me
Joined: 21 Feb 2006
Location: Hermit Kingdom
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| Posted: Sun Mar 06, 2011 6:23 am Post subject: |
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| By law they are required to give you 30 days notice. Go to tax office and make sure he paid into they system and into your pension. A lot of them dont. Go higher up the chain if local labor board doesnt move on it. They are not following the law as it is since you are a foreigner. Dont be a coward and give us the name of that Hagwon. At least other teachers can shy away from it or know what to expect. |
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winterfall
Joined: 21 May 2009
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| Posted: Sun Mar 06, 2011 4:08 pm Post subject: |
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| Skyblue wrote: |
| yuyake79 wrote: |
| They hired two new teacher for March but the school botched up the visa process for both of those new teachers and they became illegal and so a month later the teachers had to go back to their countries. The school had to pay for their flights and I think the school got fined too. |
And now they have a labour board issue coming up. Do the authorities ever shut down schools like this for repeated infractions? |
Rarely, it takes a lot to get shut down. Usually they get their license for hiring foreign teachers suspended. After that their competitors will either force them out or they're be bought up by someone else. These days, most hagwons can't survive without a foreign teacher. This is especially true in Seoul where every other hagwon has at least 1. Bigger hagwons have 10-12.
Last edited by winterfall on Sun Mar 06, 2011 4:10 pm; edited 1 time in total |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Sun Mar 06, 2011 4:08 pm Post subject: |
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| I-am-me wrote: |
| By law they are required to give you 30 days notice. Go to tax office and make sure he paid into they system and into your pension. A lot of them dont. Go higher up the chain if local labor board doesnt move on it. They are not following the law as it is since you are a foreigner. Dont be a coward and give us the name of that Hagwon. At least other teachers can shy away from it or know what to expect. |
The tax office can only tell the OP whether they have been paying the taxes on a monthly basis, it's worth a try but the employer does have additional time to pay taxes owed. The only way to really know is at year end when you can go to the tax office and get a printed copy(forgot the name of document) of what any and all employers have withheld.
On another note, I don't think the labor office can help the OP get severance $$$. A civil court complaint would have to be filed which KLAC can help with but court fees would have to be paid. Prepare for the long haul if you want to fight. |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Sun Mar 06, 2011 4:29 pm Post subject: |
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| Los Angeloser wrote: |
| I-am-me wrote: |
| By law they are required to give you 30 days notice. Go to tax office and make sure he paid into they system and into your pension. A lot of them dont. Go higher up the chain if local labor board doesnt move on it. They are not following the law as it is since you are a foreigner. Dont be a coward and give us the name of that Hagwon. At least other teachers can shy away from it or know what to expect. |
The tax office can only tell the OP whether they have been paying the taxes on a monthly basis, it's worth a try but the employer does have additional time to pay taxes owed. The only way to really know is at year end when you can go to the tax office and get a printed copy(forgot the name of document) of what any and all employers have withheld.
On another note, I don't think the labor office can help the OP get severance $$$. A civil court complaint would have to be filed which KLAC can help with but court fees would have to be paid. Prepare for the long haul if you want to fight. |
Severance payment falls under the scope of the Labor Standards Act. The labor board is the way to get your severance if the employer doesnt pay. You only need to file a civil complaint in court if the employer refuses to pay AFTER the labor board rules in your favor - then the courts will seize and sell off the employers assets to make the payment. Most employers will pay after a labor board ruling so you really have little worry about the need to sue them.
If you want to know if your employer has been submitting the deductions they have been taking from your salary - call the Pension Office or check online at the Pension website to see about your pension. Call the National Health Insurance Corporation to see if they submitted your NHIC deductions. Call the Tax Office to check your taxes. |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Sun Mar 06, 2011 7:30 pm Post subject: |
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| OculisOrbis wrote: |
| Severance payment falls under the scope of the Labor Standards Act. The labor board is the way to get your severance if the employer doesnt pay. You only need to file a civil complaint in court if the employer refuses to pay AFTER the labor board rules in your favor - then the courts will seize and sell off the employers assets to make the payment. Most employers will pay after a labor board ruling so you really have little worry about the need to sue them. |
I read the Korean Labor Standard's Act, which is posted up on this forum( http://forums.eslcafe.com/korea/viewtopic.php?t=91053 ). It says; (in Article 34 -1) An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply.
My boss signed the contract to employ me for 1 year, but cut it short by breaking the contract and firing me and now I've worked there for 11 months and 2 days. So, since it's less than a year according to Article 34-1 alone, the Labor Board can't make my boss pay me severance pay. Right? Is there another law that says that if he fires me within 30 days to the end of my contract by breaking it without a justifiable reason that I can claim my severance pay? It's so unfair because I went nowhere near at all to giving him a reason for firing me. |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Sun Mar 06, 2011 7:35 pm Post subject: |
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If the labor board determines that your firing was unjust and an attempt to get out of paying your severance and airfare, your employer will be required to pay them. You have a classic 11th month firing case and the labor board doesnt support employers who still use that tactic. As I said, if your local labor office doesnt support your claim, take it to the next level or just go straight to the national office. An employer must give 30 days notice or 30 days pay in lieu of notice - you were informed (only verbally on Mar.3) - that puts your end date past the end of your contract, essentially completing it. You ARE owed severance and airfare. You have the conversation on tape. It is a slam dunk. Go and get your money.
Last edited by OculisOrbis on Sun Mar 06, 2011 7:37 pm; edited 1 time in total |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Sun Mar 06, 2011 7:37 pm Post subject: |
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| OculisOrbis wrote: |
| If the labor board determines that your firing was unjust and an attempt to get out of paying your severance and airfare, your employer will be required to pay them. You have a classic 11th month firing case and the labor board doesnt support employers who still use that tactic. As I said, if your local labor office doesnt support your claim, take it to the next level or just go straight to the national office. An employer must give 30 days notice or 30 days pay in lieu of notice - you were informed (only verbally on Mar.2) - that puts your end date past the end of your contract, essentially completing it. You ARE owed severance and airfare. Go and get it. |
Cheers! I shall do that. |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Sun Mar 06, 2011 8:06 pm Post subject: |
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I need help in sussing something out.
My replacement teacher came on March 2 and started work from that date. (March 1 was the public holiday.) I went to work on the 2nd and on the 3rd. On the 3rd I remember my boss and the new teacher were soughting out the paperwork for the immigration office. (I remember they got the contract signed officially that day and the teacher said that he still needed some other document for immigration). Anyway, about 2 hours after he got his contract signed I had to go to my boss' office and talk about his offer, which was 1.2mil in exchange for not working in March, which I declined and then he immediately fired me. When he fired me he said that he will write up a letter stating that I quit.
I didn't quit. He fired me. What would he need that letter for? For the Labor Board? For immigration? Are there any consequencial differences against me if he claims that I quit. Why can't he claim that he fired me.
Can someone explain the link between the replacement teacher's paperwork that day and the letter stating that I quit? |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Sun Mar 06, 2011 8:21 pm Post subject: |
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You said you have a recording of the conversation. That should show that you didnt quit. Even if he intends to forge your signature on a fake resignation letter, you got him with the recording.
Dont worry about the new teacher. Concentrate on your unjust dismissal and owed wages.
Take a korean friend (NOT related to your job in any way) with you when you go to the labor board to help translate - even if they labor rep speaks english to you, he will speak korean to your employer. Having a korean friend there will let you know if they are making deals while speaking in korean or if your boss is lying to the labor rep. |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Sun Mar 06, 2011 8:38 pm Post subject: |
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| OculisOrbis wrote: |
You said you have a recording of the conversation. That should show that you didnt quit. Even if he intends to forge your signature on a fake resignation letter, you got him with the recording.
Dont worry about the new teacher. Concentrate on your unjust dismissal and owed wages.
Take a korean friend (NOT related to your job in any way) with you when you go to the labor board to help translate - even if they labor rep speaks english to you, he will speak korean to your employer. Having a korean friend there will let you know if they are making deals while speaking in korean or if your boss is lying to the labor rep. |
If he tells the immigration office that I quit would my visa get cancelled? |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Sun Mar 06, 2011 8:45 pm Post subject: |
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Then YOU should go to immigration now and tell them you were fired. Take a copy of your labor claim with you and you will get extended and be able to remain in korea.
In any case where your employment ends before a contract is completed, you have 14 days to notify immi of your change in status or to leave the country. If you notify immi within 14 days, you will receive 30 days from your last day of work to find a job and transfer your visa to a new employer. |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Sun Mar 06, 2011 8:53 pm Post subject: |
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| Ok. Thank you for your advice. |
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