Korean Job Discussion Forums

[shong109]

shes going to tell me today if im really fired or not, if she says i am,

im going to demand the following,

1. Written notice of termination
2. Full Salary for the month of March (2.3M won before taxes)
3. Termination without prior notice of 30days compensation( one months salary) (2.3M won)
4. Airfare (1million won) based on agreement in contract. Due to unfair dismissal.

Total of 5.6M won before taxes by Friday, April 1st 2011 before 5p.m. local time.

And if she doesnt im going straight to the Labor board.

[ssuprnova]

Keep us posted about what happens.

[yuyake79]

[wonduhbread]

Your situation sounds pretty much the same as mine. I've been working for 7 months. I got told on March 24 that I'm being let go, and there have been no written warnings ("I don't like written warnings," said the director) as stated in my contract. They owe me 30 days notice by law, but they only gave me 1 week to pack up and leave. I still don't have any sort of paper that says I've been fired.

That list of demands you made is a good one. I'll have to ask for such things when I confront the director, who hasn't even had the courtesy to show up to work himself the past few days.

[shong109]

So I had a hour long chat after work and she basicially decided that she wasnt going to not fire me(shes still firing me). We go on about this and that about whose fault it was, ex(she wasnt hard on me enough or i shouldve tried harder).

She mentions that the teacher that is supposed to arrive thursday but she cant get in contact with him/her and was trying to angle if i would stay until he/she arrived(i told her to go F herself[not really but u get the idea]). So after she says she really firing me i give her my list of demands mentioned before and i tell her if she doesnt that ill go straight to the Labor Board/Commission. Thats where she started to get all stressed and I told her I have no problem going to them( i really would rather just finish my contract) but a threat has to be a real. O and i recorded everything just in case she tries to retract on her words later, without her knowing.

Advice?

[yuyake79]

Well done for recording. Your list of demands got her to think twice about letting you go.
Do you have a Korean friend who can call the Labor Relations Commission? The Labor Relations Commission also help resolve disputes between employer and employee. You may want to call them before you get fired. Say to them that your boss is going to dismiss you unfairly and see if they get in touch with your boss to make sure she doesn't fire you. If she receives a call from the Labor Relations Commission she might change her mind and also in the future she might hesitate to fire you before your contract expires.
Try your best to not get her to fire you. If she actually already signed a contract with a new teacher to replace you then she may still try to get you to leave before the new teacher arrives. I think she was looking for a new teacher to replace you since the middle of this month or earlier. And she may have found and made an agreement with one recently, maybe even on Monday, which promted her to fire you on Monday. And maybe she told you to leave on Friday because that teacher had previously told her that he/she would arrive on Thursday.
I'm just wondering, but did she tell you when exactly the students parents' complained about you yelling at that student? Was it recently?

[Radius]

[shong109]

When i gave her my list of demands and after i told I would go to the labor board, she looked at me in disbelief like she couldnt believe it. Im pretty sure she had no idea I was going to take it this far. Even if she doesnt pay me the Compensation/airfare I guess I have no other choice but to go to the Labor Board/Committee. I really hope I did scare her though, enough for her to keep me until June or give me compensation.

[yuyake79]

Try to use your wit as best you can and try to avoid getting fired. And if you do get fired do your best to get reinstated through the Labor Relations Commission so you can go back to work and complete your contract and get your airfare plus severance at the end, plus backpay. If you get fired, unless you get reinstated, you won't really qualify for severance pay and your airline ticket because you didn't work until June. If you fail to get reinsated you'd still be able to claim your 30 days pay for not getting 30 day notice plus any unpaid wages through the Labor Board.
I hope she changes her mind about firing you. Well done with your demands
Keep us posted.

[ZIFA]

She has a right to fire you if she wishes. So does any boss.

You're telling me the police will intervene to force her to employ you? Wow. That would be a first.

If I were you I'd just get whatever money is owed and a release letter, then move on. You'll be happier.

[yuyake79]

[austrian123]

Well there is life beyond Korea. Is teaching in Korea really that important to you?

Remember, you have the power and you control your own destiny. Don't rely on Korea or Koreans to shape your destiny. Teaching in Korea is not a real career and we are not real teachers IMO and I myself being a teacher in Korea can attest to that. Maybe this is a sign?

I say go to China and for a fresh start.

[ChopChaeJoe]

[Perceptioncheck]

[teacherinseoul]

OP

You must be given 1 months notice, or 30 days pay in lieu of the notice. You must be given the notice in writing.

There doesn't seem to be justification for your firing, given the information that you provided.

The ministry of labor does provide free legal representation to teachers looking to recoup lost pay/severance. However, I think that the won value is capped around 2 million won. For greater amounts, you must get your own lawyer and sue.

It definitely seems like you're being bluffed. The owner could argue that you agreed to termination/quit if you stop going to work. Do you want to get bluffed out of 1 million + won? At the very least, get 30 days notice and a decent letter of reference. Even so, you're giving up severance and airfare.