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Labor Board/Commission

 
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capitalone



Joined: 06 Jul 2011
PostPosted: Thu Oct 06, 2011 8:29 pm    Post subject: Labor Board/Commission Reply with quote
Hi all,

I have a question for everyone. You may have seen my previous posts, but things have changed a little.

My contract is to finish on November 23rd. My boss is going to fire me on October 16th for 'financial reasons'. The school, however, will stay open after I leave. In private, he's admitted to me that it's just a matter of not wanting to pay my return airfare and one month bonus. I know, it's just a private conversation, but I mention it here so others know the details.

I've been to the Changwon labor board, but they can't help with the situation. The labor commission is saying that I am unable to file a wrongful termination complaint because if I were to be reinstated, it would not be until mid December (the process takes two months, apparently). As the reinstatement date would occur after my the final date on my contract, they say it is impossible to reinstated even if my employer is in the wrong. This seems really screwed up and it would pretty much allow an employer to fire a foreign worker from 10 months onward. The commission knows my details and is certain that it's 'wrongful', but do not seem to be able to do anything about it.

I am able to file a civil suit, but I've been told that it's not as effective if I leave the country (which I plan to do at the end of November).

Is there anyone out there who can let me know what options I have? If anyone has any advice please god let me know. I'm sick and tired of this hagwon!

Cheers,
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koreatimes



Joined: 07 Jun 2011
PostPosted: Thu Oct 06, 2011 9:11 pm    Post subject: Reply with quote
Quote:
In private, he's admitted to me that it's just a matter of not wanting to pay my return airfare and one month bonus.


Assume none of this is happening. Assume you will finish the year and not renew. Assume he is willing to pay the severance and airfare. What would you do in that case?

If you would stay in Korea and work for another school, then you are not really out of airfare. This leaves only your severance. So, work out a deal as best you can with him to get a letter of release and 11/12 of your severance. I didn't look closely to see which month you will stop, so if it is the 10th month then 10/12 of severance.

Then move on. If he refuses, then say you will take this up in court when you return to Korea and he will have to pay all of it, severance and airfare. Tell him you have discussed it with your lawyer and labor board and that they advised you (tell him "suggested") to give this offer as a way to end things now instead of taking some of his assets until he paid.

Then just sit there until he agrees or kicks you out. Don't get in a shouting match with him.
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capitalone



Joined: 06 Jul 2011
PostPosted: Thu Oct 06, 2011 9:21 pm    Post subject: Reply with quote
Hello,

Thanks for the response, I appreciate it.

I'll be finished November 23rd , being fired October 16th. At the end of November, I'll be leaving Korea for good. I'd therefore be out airfare and severance.

I've also thought of asking for the 10/12 severance/airfare, but I know it's not going to happen with this guy. I've suggested it to him before and he just sits back and says 'we can't afford it'.

It would definitely come to a point where he just kicks me out. I'll be going to work on the 17th with a camera to document what happens. I don't want to be in a position where they say I just didn't show up for work.
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koreatimes



Joined: 07 Jun 2011
PostPosted: Thu Oct 06, 2011 10:21 pm    Post subject: Reply with quote
Quote:
I'll be going to work on the 17th with a camera to document what happens. I don't want to be in a position where they say I just didn't show up for work.


Wouldn't it make more sense to have him give you written notice? I don't see why you are bringing a camera there. Also, 1 day after the "termination" day could just be a sick day. That's not enough for them to go on to say you left, just that you missed one day of work.
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capitalone



Joined: 06 Jul 2011
PostPosted: Fri Oct 07, 2011 6:01 am    Post subject: Reply with quote
It definitely would, but my manager doesn't operate according to logic. He won't put it in writing.
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