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mollayo
Joined: 11 Oct 2010
Location: At the my house
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 Posted: Mon Jul 25, 2011 7:48 am Post subject: Does my boss not believe I'll go to the labor board? |
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| So my contract is up on Monday. Today my boss informed me (only because I asked) that he won't be giving me my severance until 2 months after I've left the country. He claims his lawyer told him that it would be ok. I told him that's not the law. He said that if I wanted the money sooner than 2 months, that I should sue him. Whaaaat? He is encouraging me to sue him. He calmed down after seeing that I wasn't backing down or losing my cool. He told me that maybe he could give me half my severance,, but not all of it. I said I wanted all of it, and he told me to go to the labor board. So, I'm going tomorrow. I've been told that some bosses say stuff like that just to scare teachers. They don't think the teacher will follow through. Is that the case? |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Mon Jul 25, 2011 3:07 pm Post subject: |
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| The labor board wont do anything until at least two weeks after you complete your employment. He has that much time according to the Labor Standards Act to pay any monies owed. |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon Jul 25, 2011 3:50 pm Post subject: |
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The boss doesn't care if you go to the Labor Board or not. One reason is that the LB has no teeth. You, on the other hand, must go to them before you take the boss to court. A LB decision in your favor will help you there.
The other reason the boss doesn't care if you go is that he doesn't think a Korean can possibly lose against a foreigner. That's why he's lying to you when he says he has a lawyer. Lawyers cost money, a lot of money, here and he's not going to spend even one won on you if he can avoid it.
Yet another reason is the boss doesn't think it's possible for you to pursue your case at the LB or even in court while you're out of the country. It is possible and it's not hard at all.
You're doing the right thing by not losing your cool and not backing down. |
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mollayo
Joined: 11 Oct 2010
Location: At the my house
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| Posted: Mon Jul 25, 2011 8:07 pm Post subject: |
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| I went to the labor board today, and my new BFF there told my boss he has two weeks to pay me. If he doesn't he will get arrested. Assah! |
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marsavalanche
Joined: 27 Aug 2010
Location: where pretty lies perish
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| Posted: Mon Jul 25, 2011 8:23 pm Post subject: |
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| mollayo wrote: |
| I went to the labor board today, and my new BFF there told my boss he has two weeks to pay me. If he doesn't he will get arrested. Assah! |
lmfao |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Tue Jul 26, 2011 5:03 am Post subject: |
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| Two weeks or he gets arrested....that seems like a surpringly quick turn around and decision by the LB....but hey good for you. |
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Adventurer
Joined: 28 Jan 2006
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| Posted: Tue Jul 26, 2011 10:26 am Post subject: |
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| CentralCali wrote: |
The boss doesn't care if you go to the Labor Board or not. One reason is that the LB has no teeth. You, on the other hand, must go to them before you take the boss to court. A LB decision in your favor will help you there.
The other reason the boss doesn't care if you go is that he doesn't think a Korean can possibly lose against a foreigner. That's why he's lying to you when he says he has a lawyer. Lawyers cost money, a lot of money, here and he's not going to spend even one won on you if he can avoid it.
Yet another reason is the boss doesn't think it's possible for you to pursue your case at the LB or even in court while you're out of the country. It is possible and it's not hard at all.
You're doing the right thing by not losing your cool and not backing down. |
I've been to the Labour Board before. It took me weeks to get something done. Finally, the labour board had a judgment in my favor. I believe your boss is forced to keep you in the apartment if you are going to the labour board unless I am mistaken. I stayed for a while at the place provided by my boss back in the day when I went to the Labour Board.
The Labour Board has no enforcing power, but if the boss shows up he could in trouble, so they don't show up to the board hearings after they're sent a letter, and, then, if they can't stall any longer, they pay up.
It's easier for some than for others. If you sign a particular paper after the Labour Board is totally pissed off at the boss, he can end up in court. The Labour Board can move it to court rather quickly in some cases.
Stick to your guns, buddy. He shouldn't get away with this. If he does it to you, and you let him, he'll do it to others. That's one reason why I went to the board. I wanted them to see more of us and care about the issue. The more they saw us, the more they'd have experience going after such bosses:) |
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sojusucks
Joined: 31 May 2008
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| Posted: Thu Jul 28, 2011 1:46 am Post subject: |
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| Many foreigners don't go to the Labor board. They are doormats and the rest of us suffer for it. |
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DBXD
Joined: 16 May 2011
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| Posted: Thu Jul 28, 2011 2:13 am Post subject: |
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| sojusucks wrote: |
| Many foreigners don't go to the Labor board. They are doormats and the rest of us suffer for it. |
yup |
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CentralCali
Joined: 17 May 2007
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| Posted: Thu Jul 28, 2011 2:22 am Post subject: |
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| Adventurer wrote: |
| CentralCali wrote: |
The boss doesn't care if you go to the Labor Board or not. One reason is that the LB has no teeth. You, on the other hand, must go to them before you take the boss to court. A LB decision in your favor will help you there.
The other reason the boss doesn't care if you go is that he doesn't think a Korean can possibly lose against a foreigner. That's why he's lying to you when he says he has a lawyer. Lawyers cost money, a lot of money, here and he's not going to spend even one won on you if he can avoid it.
Yet another reason is the boss doesn't think it's possible for you to pursue your case at the LB or even in court while you're out of the country. It is possible and it's not hard at all.
You're doing the right thing by not losing your cool and not backing down. |
I've been to the Labour Board before. It took me weeks to get something done. Finally, the labour board had a judgment in my favor. I believe your boss is forced to keep you in the apartment if you are going to the labour board unless I am mistaken. I stayed for a while at the place provided by my boss back in the day when I went to the Labour Board.
The Labour Board has no enforcing power, but if the boss shows up he could in trouble, so they don't show up to the board hearings after they're sent a letter, and, then, if they can't stall any longer, they pay up.
It's easier for some than for others. If you sign a particular paper after the Labour Board is totally pissed off at the boss, he can end up in court. The Labour Board can move it to court rather quickly in some cases.
Stick to your guns, buddy. He shouldn't get away with this. If he does it to you, and you let him, he'll do it to others. That's one reason why I went to the board. I wanted them to see more of us and care about the issue. The more they saw us, the more they'd have experience going after such bosses:) |
That's also why my Canadian friend, our Chinese co-worker, and I staggered our cases against our worthless hagweon boss. We didn't want her to get away with cheating us or anyone else for that matter. The problem isn't that foreigners can and do win on occasion. The problem is that the hagweon bosses believe that the foreigners can't win so the cheating begins due to that.
As sojusucks said, those foreigners that roll over and take it contribute to that mentality. |
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sojusucks
Joined: 31 May 2008
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| Posted: Thu Jul 28, 2011 5:55 am Post subject: Re: Does my boss not believe I'll go to the labor board? |
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| mollayo wrote: |
| So my contract is up on Monday. Today my boss informed me (only because I asked) that he won't be giving me my severance until 2 months after I've left the country. He claims his lawyer told him that it would be ok. I told him that's not the law. He said that if I wanted the money sooner than 2 months, that I should sue him. |
Once you leave you won't see that money and then you have no legal right. You had better go after it while in country. Most hogwans rely upon apathetic teachers that don't follow through. |
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