| View previous topic :: View next topic |
| Author |
Message |
allnighters11
Joined: 05 Jul 2011
|
 Posted: Wed Oct 05, 2011 2:10 am Post subject: |
 |
|
Wow, thrown a curveball today! I have found a new job and I am currently supposed to finish here on Friday and start at my new school monday... this week I am helping my replacement (a korean girl whos never taught before) how to do my job.
Problem is, Ive been taking it to him about not giving me notice and not having a reason to fire me. I am requsting compensation. He has told me he will give me 200,000 won to just go away, if i dont accept this then he will change the date he wants me to leave to next month, make me work here for another month and make sure I cant go to work at my new school so I cant dispute on him on the notice....shite! |
|
| Back to top |
|
 |
koreatimes
Joined: 07 Jun 2011
|
| Posted: Wed Oct 05, 2011 2:50 am Post subject: |
|
|
This is business as usual. Up to date, you don't seem to have lost money. You have to adjust to a new employer at a new school.
Why not take it and move on with your life? This guy is not going to pay your replacement the same or more. Considering you have a new job waiting for you, take it. Forget the bitter feelings you have. Right now, they are strong and I wanted to go to the principal of a school I worked at (afterschool program) after managers changed and I didn't get along with the new manager. However, getting out of that situation was the best thing for me.
Going to new schools when you can is normal. The first time will probably be the hardest. |
|
| Back to top |
|
|
allnighters11
Joined: 05 Jul 2011
|
| Posted: Wed Oct 05, 2011 3:28 am Post subject: |
|
|
| Its the fact im losing flights plus bonus after being here for 11 months thats the problem, thats quite a bit of cash to just forget! |
|
| Back to top |
|
|
ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
|
| Posted: Wed Oct 05, 2011 6:22 am Post subject: |
|
|
| allnighters11 wrote: |
| Its the fact im losing flights plus bonus after being here for 11 months thats the problem, thats quite a bit of cash to just forget! |
Labor law can't help you much here. Labor law requires 30 days notice. Had you been given 30 days and been fired legally, you would still not be entitled to your return flight or severance.
However, your contract here is more important than the labor law. You have indicated that your contract requres 60 days notice. If you were actually withhin your 11th month as you state, then you are entitled to your severance and return flight.
You also could have claimed for lost wages. However, you have done what is actually required by law, you have mitigated the damages by securing a new job. Since your old job ends on Friday and your new one starts on the Monday after you have no lost wages.
You should try the labor office in any case. They could be able to help you enforce your contract and secure your severance and return flight reimbursement. Since you will be working for the last 6 or 7 weeks of you old job at your new job, these amounts could quite logically be prorated and reduced accordingly.
It is possible that the labor office can't or won't help and you will have to pursue the collection of these amounts in court. It should come to over 3 million won (even prorated) for your severance and airfare, so it's worth doing, but probably without an attorney. Some people have reported success in pursuing such claims.
You should stay on good terms and collect your final pay. If you are given any additional money to "go away" and can collect without promising or signing any documents that surrender your right to pursue additional amounts, then go ahead and take the money. |
|
| Back to top |
|
|
koreatimes
Joined: 07 Jun 2011
|
| Posted: Wed Oct 05, 2011 6:29 am Post subject: |
|
|
| allnighters11 wrote: |
| Its the fact im losing flights plus bonus after being here for 11 months thats the problem, thats quite a bit of cash to just forget! |
I thought you were going to another school. Why do you need a flight home?
I didn't know about the 11 month thing. This changes the situation then. Labor board didn't help here? Did you tell them it was the 11th month? What did they say? |
|
| Back to top |
|
|
koreatimes
Joined: 07 Jun 2011
|
| Posted: Wed Oct 05, 2011 6:31 am Post subject: |
|
|
| Quote: |
| Had you been given 30 days and been fired legally, you would still not be entitled to your return flight or severance. |
But it seems like 30 days would have surpassed the end of the contract period. Either that, or it's wishful thinking. allnighters11 can clarify that for us. |
|
| Back to top |
|
|
ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
|
| Posted: Wed Oct 05, 2011 8:36 am Post subject: |
|
|
| koreatimes wrote: |
| Quote: |
| Had you been given 30 days and been fired legally, you would still not be entitled to your return flight or severance. |
But it seems like 30 days would have surpassed the end of the contract period. Either that, or it's wishful thinking. allnighters11 can clarify that for us. |
If you are fired during your 11th month, you will have from 29 to 61 days left on your contract. |
|
| Back to top |
|
|
koreatimes
Joined: 07 Jun 2011
|
| Posted: Wed Oct 05, 2011 8:52 am Post subject: |
|
|
| ontheway wrote: |
| koreatimes wrote: |
| Quote: |
| Had you been given 30 days and been fired legally, you would still not be entitled to your return flight or severance. |
But it seems like 30 days would have surpassed the end of the contract period. Either that, or it's wishful thinking. allnighters11 can clarify that for us. |
If you are fired during your 11th month, you will have from 29 to 61 days left on your contract. |
But he stated the following:
| Quote: |
| after being here for 11 months thats the problem |
30 days would have surpassed the contract period if he was given notice based on this. He was/is in his 12th month.
You said "had been given 30 days". Now you are accepting up to 61 days. I don't know what 11th month firing is defined as, but if you are now accepting 61 days, then wouldn't allnighters11 have a stronger case to bring up to labor board? |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
