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PEIGUY
Joined: 28 Mar 2004
Location: Omokgyo
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 Posted: Thu May 19, 2011 12:11 am Post subject: Being told to finish contract 1 week early |
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| My contract is up on the 21st of June and our school semester finishes for the school year on the 10th and the kids go on vacation. My boss, has decided that he wants to me to finish on the 10th with prorated pay for the month. I'm not sure what to do about this, I make 2.3 a month so that's about 115,000/day x 7 days that i'm not going to get. My boss is not budging. Any suggestions? I suppose the labour board would be one option however, you would have to have a lawyer which are obviously expensive. |
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CentralCali
Joined: 17 May 2007
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| Posted: Thu May 19, 2011 12:24 am Post subject: |
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| You do not need a lawyer for the Labor Board. A plus for you is that the Labor Board is onto employers pulling the "12th month firing" scam. |
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bigwilly999
Joined: 01 Jun 2009
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| Posted: Thu May 19, 2011 12:26 am Post subject: |
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| don't sign anything. Looks like he is setting you up to withhold your severance. |
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PEIGUY
Joined: 28 Mar 2004
Location: Omokgyo
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| Posted: Thu May 19, 2011 12:31 am Post subject: |
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| no papers have been put in front of me. I e-mailed the labour lawyer from Kangnam Law Firm that was mentioned in the sticky but have not heard anything. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu May 19, 2011 12:41 am Post subject: |
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| PEIGUY wrote: |
| no papers have been put in front of me. I e-mailed the labour lawyer from Kangnam Law Firm that was mentioned in the sticky but have not heard anything. |
You do NOT need a lawyer to deal with them.
contact the labor board yourself. 031-345-5000
http://www.moel.go.kr/english/main.jsp
The bad news is that if they give you 30 days notice and still pay your severance then you have no recourse.
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Juregen
Joined: 30 May 2006
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| Posted: Thu May 19, 2011 2:11 am Post subject: Re: Being told to finish contract 1 week early |
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| PEIGUY wrote: |
| My contract is up on the 21st of June and our school semester finishes for the school year on the 10th and the kids go on vacation. My boss, has decided that he wants to me to finish on the 10th with prorated pay for the month. I'm not sure what to do about this, I make 2.3 a month so that's about 115,000/day x 7 days that i'm not going to get. My boss is not budging. Any suggestions? I suppose the labour board would be one option however, you would have to have a lawyer which are obviously expensive. |
Just say No. |
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PEIGUY
Joined: 28 Mar 2004
Location: Omokgyo
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| Posted: Thu May 19, 2011 3:58 am Post subject: |
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| ttompatz wrote: |
| PEIGUY wrote: |
| no papers have been put in front of me. I e-mailed the labour lawyer from Kangnam Law Firm that was mentioned in the sticky but have not heard anything. |
You do NOT need a lawyer to deal with them.
contact the labor board yourself. 031-345-5000
http://www.moel.go.kr/english/main.jsp
The bad news is that if they give you 30 days notice and still pay your severance then you have no recourse.
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I was told last week and the severance would be paid he said. I'm not being fired, he just doesn't want to pay for me to deskwarm for a week because the kids are on vacation which in my opinion is breaking our contract without written authorization by me. |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Thu May 19, 2011 4:11 am Post subject: |
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| PEIGUY wrote: |
| ttompatz wrote: |
| PEIGUY wrote: |
| no papers have been put in front of me. I e-mailed the labour lawyer from Kangnam Law Firm that was mentioned in the sticky but have not heard anything. |
You do NOT need a lawyer to deal with them.
contact the labor board yourself. 031-345-5000
http://www.moel.go.kr/english/main.jsp
The bad news is that if they give you 30 days notice and still pay your severance then you have no recourse.
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I was told last week and the severance would be paid he said. I'm not being fired, he just doesn't want to pay for me to deskwarm for a week because the kids are on vacation which in my opinion is breaking our contract without written authorization by me. |
As long as they deposit the severance, I would accept this. Have them pay you at the end of the actual work day. Don't make any threats, now. Don't rock the boat. Just ask for a schedule when severance will be paid. If you want the return airfare, this would be a good time to negotiate that as well.
Also, I would ask that they not cancel your visa if you want to stay in Korea. This will give you more time to find a job or do the tourist stuff. |
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PEIGUY
Joined: 28 Mar 2004
Location: Omokgyo
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| Posted: Thu May 19, 2011 4:15 am Post subject: |
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| lifeinkorea wrote: |
| PEIGUY wrote: |
| ttompatz wrote: |
| PEIGUY wrote: |
| no papers have been put in front of me. I e-mailed the labour lawyer from Kangnam Law Firm that was mentioned in the sticky but have not heard anything. |
You do NOT need a lawyer to deal with them.
contact the labor board yourself. 031-345-5000
http://www.moel.go.kr/english/main.jsp
The bad news is that if they give you 30 days notice and still pay your severance then you have no recourse.
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I'm on an F2 so I don't care about rocking the boat or cancellation of Visa
I was told last week and the severance would be paid he said. I'm not being fired, he just doesn't want to pay for me to deskwarm for a week because the kids are on vacation which in my opinion is breaking our contract without written authorization by me. |
As long as they deposit the severance, I would accept this. Have them pay you at the end of the actual work day. Don't make any threats, now. Don't rock the boat. Just ask for a schedule when severance will be paid. If you want the return airfare, this would be a good time to negotiate that as well.
Also, I would ask that they not cancel your visa if you want to stay in Korea. This will give you more time to find a job or do the tourist stuff. |
I'm on an F2 so I don't care about cancellation of visa or rocking the boat. I do understand my bosses position however, it's quite a chunk of change that I'd like to have.. |
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northway
Joined: 05 Jul 2010
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| Posted: Thu May 19, 2011 4:16 am Post subject: |
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| lifeinkorea wrote: |
As long as they deposit the severance, I would accept this. Have them pay you at the end of the actual work day. Don't make any threats, now. Don't rock the boat. Just ask for a schedule when severance will be paid. If you want the return airfare, this would be a good time to negotiate that as well.
Also, I would ask that they not cancel your visa if you want to stay in Korea. This will give you more time to find a job or do the tourist stuff. |
Maybe, but it's pretty shitty if the time off was vacation that was guaranteed in the contract. For example, if my contract finished on August 3 this year, there's a vacation the week prior. If they tried to end my contract prior to the vacation, I'd only be getting five days of paid vacation, despite the ten days guaranteed in my contract. |
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PEIGUY
Joined: 28 Mar 2004
Location: Omokgyo
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| Posted: Thu May 19, 2011 4:33 am Post subject: |
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| northway wrote: |
| lifeinkorea wrote: |
As long as they deposit the severance, I would accept this. Have them pay you at the end of the actual work day. Don't make any threats, now. Don't rock the boat. Just ask for a schedule when severance will be paid. If you want the return airfare, this would be a good time to negotiate that as well.
Also, I would ask that they not cancel your visa if you want to stay in Korea. This will give you more time to find a job or do the tourist stuff. |
Maybe, but it's pretty shitty if the time off was vacation that was guaranteed in the contract. For example, if my contract finished on August 3 this year, there's a vacation the week prior. If they tried to end my contract prior to the vacation, I'd only be getting five days of paid vacation, despite the ten days guaranteed in my contract. |
I used up my vacation in March otherwise i'd use it and not have to worry about this mess.. |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Thu May 19, 2011 4:35 am Post subject: |
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Oh, another thing.
If they do NOT pay you severance, SHOW UP FOR WORK THE NEXT WORKING DAY
You don't want to be accused of not coming to the school, and therefore you lose your severance. |
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PEIGUY
Joined: 28 Mar 2004
Location: Omokgyo
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| Posted: Thu May 19, 2011 4:42 am Post subject: |
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| severance will be payed 2 weeks after I finish (which is legal according to labour law) |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Thu May 19, 2011 4:46 am Post subject: |
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| PEIGUY wrote: |
| severance will be payed 2 weeks after I finish (which is legal according to labour law) |
I have a real hard time understanding how law is referenced when an employer, A HAGWON OWNER at that, asks you for a favor to end a contract early to save paying you last month's salary.
You are no longer using law to negotiate pay. This is all under the table talk.
So, simply say, "All pay, severance, airfare (if you expect it), and last month's pay is due the last day I work. Otherwise, I show up the next day and use the law to collect all 12 months."
They have a choice. Pay early, save some money or go by the law and pay all 12 months. They can't have their cake and eat it too. |
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Mr. Peabody
Joined: 24 Sep 2010
Location: here
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| Posted: Thu May 19, 2011 4:56 am Post subject: |
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| PEIGUY wrote: |
| ...he just doesn't want to pay for me to deskwarm for a week because the kids are on vacation which in my opinion is breaking our contract without written authorization by me. |
And neither of you anticipated this situation? I know I would have and I have to believe you did, too. That's why you took your vacation already. knowing that you could get an extra week of pay for doing nothing. 
Last edited by Mr. Peabody on Thu May 19, 2011 4:58 am; edited 1 time in total |
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