Korean Job Discussion Forums

[Winterkalte]

Here is my situation. My hagwon only has one foreign teacher. The teacher before me was fired two months before his contract finished so my boss wouldn't have to pay for his flight home.

My boss told me he likes me and wants me to resign. When I said I wasn't interested, he got angry. I have five teaching days left until my contract ends and I doubt he will fire me in the next five days. It would look very suspicious if he did, and he hasn't found a replacement teacher yet.

My Hagwon has a special contract with some middle school students from a nearby city called Haemi. I always refer to these students as the "Haemi Students" and one time during a meeting I talked about teaching the Haemi Students. Last week, He choose to interpret this as me going to the city of Haemi and teaching privates. He was pointing at a copy of my contract as he did this where it says I will lose my severance if I teach privates. I have never taught privates and he has no proof. But I'm afraid it could be my word against his.

I did get him to sign my release letter. It took him 20 minutes to sign it. He kept taking the pen away from the page before signing it, and when he did sign it, he kept refusing to hand it to me.

This behavior above makes me think he does not want to pay my severance. He pays all his Korean teachers in cash. He is always a week late paying all teachers. He has also been fined many times for tax evasion. He obviously doesn't care about breaking the law or honoring contracts.

I figure with the release letter signed and only five teaching days left, he can't fire me. But he could just outright refuse to give me my severance. If he does do this, what are my options to get my severance. Will the Korean Labor board be any help, or will I have to hire a Korean lawyer?

[ttompatz]

severance IS a labor law issue.

IF he fails to pay it out within 14 days of the end of your employment you DO have a case at the labor board.

The clause in your contract is in violation of law so it is null and void.

http://www.molab.go.kr/

.

[Hatcher]

You will win. He has to prove you did privates and even he does, he still must pay.

[Winterkalte]

Here is an update to my situation. I have three working days left on my contract. Thursday, Friday and Monday. The new teacher has been selected and I'm supposed to train him of Friday. I was told I don't have to come to work on Monday. I'm thinking this is a way for them to say I left my contract early.

My coteacher (and friend) had a meeting with my boss. My boss told my co-teacher that he can still fire me. He implied he wants to do this so he doesn't have to pay my severance. He also said that he called people in the Government telling them that I did teach privates, and what are his legal options.

I know it will look suspicious if he fires me the day before my contract and he has signed my letter of release. I have a meeting with him Thursday night where I will find out what his true intentions are. Everyone is telling me to remain calm even though I want to blow up on him. Should I threaten him about going to the labor board, or will that just escalate the situation?

I just hope the people at the Labor Board are competent and can get my severance.

[koreatimes]

[buster brown]

If it's possible, record your conversation on Thursday. Don't threaten your boss, no matter what happens. If you tell him what you plan to do, he'll start trying to cover his tracks (if he hasn't already). Whatever he tells you, ask for it in writing...but don't sign anything. Keep your cool and keep showing up for work until the end of your contract. As soon as the stuff hits the fan, or after your contract is completed on Monday, go to the Labor Board and pension office with a copy of your contract and pay stubs (or bank book). This kind of boss has probably been successful with this scheme in the past and doesn't expect for you to know your rights. Let us know how the meeting turns out. It sounds like you're in for a tough fight.

[mollayo]

Why do you have a letter of release? That's only for when you're changing schools without finishing your current contract. Anyway...

When your boss tells you not to come in on Monday, act confused. "Why?" *wide eyed look* If he insists on you not going, say that it's your responsibility to work to the very last day of the contract and that you would feel like you're letting him down (even though you don't care about him). You can also use the new teacher as an excuse. Say it's in the best interest of the school, students, and the new teacher if you go in on Monday, so the new teacher is better acquainted with the way the school works. The whole point of this is to make the director lose face if he insists on you not going. It works best with witnesses present.

DO NOT in any way, shape, or form agree to not showing up on Monday. Also, do not use the words "I understand." For Koreans, I understand=I agree.

Ask when you'll be receiving your severance. If it's more than 14 days after the last day of your contract, he doesn't want to pay you. By law, he has 14 days. Btw, are you staying in Korea after finishing this contract, or are you going home? If you're not leaving, you can put more pressure on him. You can also go to the Labor Board for backup. They call your director, and tell him what his legal obligations are. If the LB calls him and gives him warning about paying your severance, and he still doesn't pay you within the 14 day window, he can be arrested.

[Winterkalte]

I have the letter of release because I'm moving to a new school in another city. My boss doesn't know this. Or at least he doesn't know when, where, or what school I'm going to. I've heard of Bosses bad mouthing the teacher to the new school in these situations.

My boss also doesn't speak English. All communication is done through a incompetent translator. That is how this whole confusion about the 'Haemi students' started.

I'm worried because he was boasting that he knows people in high places and that he can make phone calls. He's already made one. I just hope he doesn't have connections with the Labor Board.

I just found out yesterday from a Korean teacher at my school that he has fired every foreign teacher so he doesn't have to pay them benefits. The last teacher before me was fired two months before his contract ended. The teacher before that was fired because he got a cold during the swine flu scare.

I'm the first teacher he has ever liked and asked to re-sign, which is probably why I haven't been fired yet. I think he is stressed because is running out of options of what he can actually do to me.

[mollayo]

Ask about your severance. If you still get a bad vibe, go to the Labor Board on Friday.

[buster brown]

OP, any updates?

[CentralCali]