| View previous topic :: View next topic |
| Author |
Message |
yuyake79
Joined: 26 Jan 2011
|
 Posted: Mon Mar 28, 2011 8:32 am Post subject: Official Demand Letters |
 |
|
Hi..,
A lawyer said that for 220,000 won he could send my employer an official demand letter for him to pay me my severance pay. (I didn't qualify for severance pay at the labor board).
How much weight do they actually have? Would my boss be expected to pay me according to (civil) law once he receives it? Would he get in trouble if he ignores the letter? How do those letters work? |
|
| Back to top |
|
 |
ajosshi
Joined: 17 Jan 2011
Location: ajosshi.com
|
| Posted: Mon Mar 28, 2011 10:34 am Post subject: Re: Official Demand Letters |
|
|
| yuyake79 wrote: |
Hi..,
A lawyer said that for 220,000 won he could send my employer an official demand letter for him to pay me my severance pay. (I didn't qualify for severance pay at the labor board).
How much weight do they actually have? Would my boss be expected to pay me according to (civil) law once he receives it? Would he get in trouble if he ignores the letter? How do those letters work? |
Please flesh this out so that so you can get a better idea of what your options are.
Did you complete the terms of your contract? 12 months? |
|
| Back to top |
|
|
DaHu
Joined: 09 Feb 2011
|
| Posted: Mon Mar 28, 2011 1:21 pm Post subject: |
|
|
| A letter is nothing. |
|
| Back to top |
|
|
lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
|
| Posted: Mon Mar 28, 2011 2:29 pm Post subject: |
|
|
| I would counter-offer, "Ok, here's my demand. If you write up this demand letter and they pay me severance, pension, and airfare home because of the letter then I'll pay you 230,000." |
|
| Back to top |
|
|
yuyake79
Joined: 26 Jan 2011
|
| Posted: Mon Mar 28, 2011 7:26 pm Post subject: Re: Official Demand Letters |
|
|
| ajosshi wrote: |
Please flesh this out so that so you can get a better idea of what your options are.
Did you complete the terms of your contract? 12 months? |
No. I only completed 11 months and 3 days. My boss fired me 28 days before the end of my contract. I didn't complete the 12 months, so that's why the Labor Board couldn't get me my severance pay. And the Labor Relations Commission said it was an Unfair Dismissal but they can't reinstate me because my boss fired me to close to the end of my contract. The Labor Relations Commission is asking my boss to negotiate the severance pay with me, but he is under no obligation.
I think in my case with severance pay I'd have to hit it with civil law becuase of a loophole in the labor law.
So, I want to know if the official demand letter which the lawyer can provide for me is like an official demand from the civil/labor court, which can carry a penalty if my boss doesn't comply. Or, if it's just another letter my boss can ignore. |
|
| Back to top |
|
|
CentralCali
Joined: 17 May 2007
|
| Posted: Mon Mar 28, 2011 7:40 pm Post subject: Re: Official Demand Letters |
|
|
| yuyake79 wrote: |
| No. I only completed 11 months and 3 days. My boss fired me 28 days before the end of my contract. I didn't complete the 12 months, so that's why the Labor Board couldn't get me my severance pay. |
Pure BS on the local LB's part. That is obviously a case of "12th month firing." |
|
| Back to top |
|
|
yuyake79
Joined: 26 Jan 2011
|
| Posted: Mon Mar 28, 2011 7:54 pm Post subject: Re: Official Demand Letters |
|
|
| CentralCali wrote: |
| yuyake79 wrote: |
| No. I only completed 11 months and 3 days. My boss fired me 28 days before the end of my contract. I didn't complete the 12 months, so that's why the Labor Board couldn't get me my severance pay. |
Pure BS on the local LB's part. That is obviously a case of "12th month firing." |
Yep. But the Labor Board has no law against 11th month firing. So, even if they don't like what my boss did they can't give me my severance pay because their books say: under 12 months, no severance pay.
Actually, getting fired unfairly on your 10th month or ealier would put you on a better boat. At least then the Labor Relations Commission can reinstate you.
I think lawyers are the only ones that can get me at least some of my severance pay. I've tried looking for 11th month firing veterans who have succeeded in getting their severance pay, but so far I haven't come across anyone, or anyone who knows anyone. |
|
| Back to top |
|
|
mj roach
Joined: 16 Mar 2003
|
| Posted: Mon Mar 28, 2011 9:27 pm Post subject: |
|
|
have you checked to verify that the hakwan has paid taxes and pension to the govt.? quite common for the 11th mo. firing cash cow squeezing types not to
if they have not...have a 'chat' with the owner/director
paying you severance to avoid such problems/fines would be cheaper and much less of a hassle for them |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
