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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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 Posted: Fri Nov 04, 2011 11:45 pm Post subject: |
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| chachee99 wrote: |
| Stan Rogers wrote: |
| hogwonguy1979 wrote: |
| OP make sure you show up to work on Monday and keep showing up, if you dont they could make an argument that you quit your job and would win a case in front of the Labor Board. They also have to give you written notice of your termination, an email/sms doesnt suffice |
Good point! Show up and get formal written notice of your termination. A lot of Korean employers want to get the foreigner to quit or resign because it washes them clean of any responsibility.
I knew a guy once who had an employer who put a lot of pressure on him to resign. He refused and they were quite annoyed by that fact. He told them if they wanted to terminate him that was their decision not his. They ended up letting him finsh his contract because they had no grounds to terminate employment. |
If they do terminate me, do they have to provide a 30 days notice? |
With few exceptions (defined in the labor standards act), provided you have been employed for more than 6 months, they are required to give you 30 days notice or 30 days pay (or a combination of the two).
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Sat Nov 05, 2011 12:07 am Post subject: |
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| ttompatz wrote: |
| chachee99 wrote: |
| Stan Rogers wrote: |
| hogwonguy1979 wrote: |
| OP make sure you show up to work on Monday and keep showing up, if you dont they could make an argument that you quit your job and would win a case in front of the Labor Board. They also have to give you written notice of your termination, an email/sms doesnt suffice |
Good point! Show up and get formal written notice of your termination. A lot of Korean employers want to get the foreigner to quit or resign because it washes them clean of any responsibility.
I knew a guy once who had an employer who put a lot of pressure on him to resign. He refused and they were quite annoyed by that fact. He told them if they wanted to terminate him that was their decision not his. They ended up letting him finsh his contract because they had no grounds to terminate employment. |
If they do terminate me, do they have to provide a 30 days notice? |
With few exceptions (defined in the labor standards act), provided you have been employed for more than 6 months, they are required to give you 30 days notice or 30 days pay (or a combination of the two).
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Well I have been there over 6 months, so that's covered. I have to see what the labour standards act says, but i have not violated any laws in korea. |
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Feloria
Joined: 02 Sep 2006
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| Posted: Sat Nov 05, 2011 1:00 am Post subject: |
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If they've already found a "replacement teacher", it's pretty obvious they were planning this for a while.
They could have easily given you 30 days notice--why didn't they?
Question for the labor board, I guess! 
I'm sorry this is happening to you--good luck! |
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hogwonguy1979
Joined: 22 Dec 2003
Location: the racoon den
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| Posted: Sat Nov 05, 2011 1:11 am Post subject: |
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| chachee99 wrote: |
| ttompatz wrote: |
| chachee99 wrote: |
| Stan Rogers wrote: |
| hogwonguy1979 wrote: |
| OP make sure you show up to work on Monday and keep showing up, if you dont they could make an argument that you quit your job and would win a case in front of the Labor Board. They also have to give you written notice of your termination, an email/sms doesnt suffice |
Good point! Show up and get formal written notice of your termination. A lot of Korean employers want to get the foreigner to quit or resign because it washes them clean of any responsibility.
I knew a guy once who had an employer who put a lot of pressure on him to resign. He refused and they were quite annoyed by that fact. He told them if they wanted to terminate him that was their decision not his. They ended up letting him finsh his contract because they had no grounds to terminate employment. |
If they do terminate me, do they have to provide a 30 days notice? |
With few exceptions (defined in the labor standards act), provided you have been employed for more than 6 months, they are required to give you 30 days notice or 30 days pay (or a combination of the two).
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Well I have been there over 6 months, so that's covered. I have to see what the labour standards act says, but i have not violated any laws in korea. |
sounds like you haven't, so go in on Monday and shock the hell out of them, if they give you 8 days pay, reject it, laugh in their face and tell them you'll see them at the labor board (also tell your replacement what scumbags they are) |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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jamesd
Joined: 15 Aug 2011
Location: Korea
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| Posted: Sat Nov 05, 2011 4:49 am Post subject: |
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Your boss must have acquired a service of young pretty blond.
Yeah, show up for work and say hello to the new hire. |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Sat Nov 05, 2011 5:21 am Post subject: |
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| ttompatz wrote: |
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards
pay attention to articles 1, 2 and all of section II (articles 15-3 .
You have 2 choices. Be informed and prompt with your complaint or kiss it goodbye and move on.
At least you were offered a LOR.
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Thanks for the link. I am reading it and going to install it on my smart phone. What is the number for the labor board? I am pretty sure I have a strong case on my point, because of (1) how the termination was conducted oversms and email. (2) the company hired a replacement. (3) there are no marks on my record to grant an immediate dismissal.
I am going to try and talk to the people at the school again on Monday. If they refuse I will contact the labor board immediately plead my case. |
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bbunce
Joined: 28 Sep 2011
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| Posted: Sat Nov 05, 2011 5:57 am Post subject: |
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| Perhaps they are just trying to get out of paying the 1 month severance pay? You are getting close to when they have to either get rid of you or pay. Show up to work like usual on Monday. Don't make a scene, just ask them for the LOR and paperwork explaining your termination. If they refuse, start yelling and let them know you are going to see the labor board. 8 days pay is nothing. They owe you for plane ticket and severance which totals 3-4 million. |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Sat Nov 05, 2011 6:46 pm Post subject: |
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| bbunce wrote: |
| Perhaps they are just trying to get out of paying the 1 month severance pay? You are getting close to when they have to either get rid of you or pay. Show up to work like usual on Monday. Don't make a scene, just ask them for the LOR and paperwork explaining your termination. If they refuse, start yelling and let them know you are going to see the labor board. 8 days pay is nothing. They owe you for plane ticket and severance which totals 3-4 million. |
Getting a letter of release is not a problem. However, what bothers me the how the company cut off my income immediately without any prior notice and basically told me not to come into the school on Monday. Secondly, sending an email and SMS is not the classiest way to terminate an employee. Thridly, refusing to answer my phone calls, SMS requests, and emails.
I feel that if they were planning on changing me the very least the company could have done is given me 30 days notice. That's at the very least. I am looking to get 30 days pay out the company since they already have a replacement. If they want me to continue working at the school for those thirty days, I would do it, but I doubt that will happen.
The offer they provided was a LOR and 8 days pay, which would be paid at the end of the month. If I do not find a job by the end of the month then they would cancel my visa and i would be given a 30 day "Exit Order" by immigration.
Finding another position in Korea is going to be difficult because employers are going to ask why I was terminated from my previous position. Considering the company and school stated in the email that we are to be considered strangers. If I do provide another employer with their reference number, I seriously doubt they will provide in a positive reference.
I am going to reject the 8 days pay because i feel it is unjust, considering I have no written violations against me. My goal is to get thirty days pay out of them. If they refuse then I file a complaint with the board of education. They say that they have evidence that I violated the rules. I would like to see it. I am pretty sure I have a strong case behind me because I am in the 9th month of my contract and they handled the matter completely inappropriately.
If they want to cancel my visa , then so be it. I am also not too worried about their threat of having me blacklisted form Korean immigration since i have not done any crime. As far as I'm aware of, being terminated is not considered to be an illegal offense in Korea. |
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plchron
Joined: 26 Feb 2011
Location: Korea
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| Posted: Sat Nov 05, 2011 7:25 pm Post subject: |
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| I don't know the exact process, but because you have an ongoing dispute, immigration will give you an extension on your visa. Might have to go to the labor board first and then immigration. Don't know the specifics though. |
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hogwonguy1979
Joined: 22 Dec 2003
Location: the racoon den
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| Posted: Sat Nov 05, 2011 8:40 pm Post subject: |
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| chachee99 wrote: |
| bbunce wrote: |
| Perhaps they are just trying to get out of paying the 1 month severance pay? You are getting close to when they have to either get rid of you or pay. Show up to work like usual on Monday. Don't make a scene, just ask them for the LOR and paperwork explaining your termination. If they refuse, start yelling and let them know you are going to see the labor board. 8 days pay is nothing. They owe you for plane ticket and severance which totals 3-4 million. |
Getting a letter of release is not a problem. However, what bothers me the how the company cut off my income immediately without any prior notice and basically told me not to come into the school on Monday. Secondly, sending an email and SMS is not the classiest way to terminate an employee. Thridly, refusing to answer my phone calls, SMS requests, and emails.
I feel that if they were planning on changing me the very least the company could have done is given me 30 days notice. That's at the very least. I am looking to get 30 days pay out the company since they already have a replacement. If they want me to continue working at the school for those thirty days, I would do it, but I doubt that will happen.
The offer they provided was a LOR and 8 days pay, which would be paid at the end of the month. If I do not find a job by the end of the month then they would cancel my visa and i would be given a 30 day "Exit Order" by immigration.
Finding another position in Korea is going to be difficult because employers are going to ask why I was terminated from my previous position. Considering the company and school stated in the email that we are to be considered strangers. If I do provide another employer with their reference number, I seriously doubt they will provide in a positive reference.
I am going to reject the 8 days pay because i feel it is unjust, considering I have no written violations against me. My goal is to get thirty days pay out of them. If they refuse then I file a complaint with the board of education. They say that they have evidence that I violated the rules. I would like to see it. I am pretty sure I have a strong case behind me because I am in the 9th month of my contract and they handled the matter completely inappropriately.
If they want to cancel my visa , then so be it. I am also not too worried about their threat of having me blacklisted form Korean immigration since i have not done any crime. As far as I'm aware of, being terminated is not considered to be an illegal offense in Korea. |
I've said this twice before here but PLEASE GO INTO WORK TOMORROW, IT IS ESSENTIAL YOU DO!!!!! They need to give you written notice of your dismissal and 30 days pay if they do terminate you now. You dont want to take the risk of not going and they telling the Labor Board you quit. This 8 days of pay is utter and complete B S DO NOT TAKE IT!!!! |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Sat Nov 05, 2011 11:32 pm Post subject: |
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| I've said this twice before here but PLEASE GO INTO WORK TOMORROW, IT IS ESSENTIAL YOU DO!!!!! They need to give you written notice of your dismissal and 30 days pay if they do terminate you now. You dont want to take the risk of not going and they telling the Labor Board you quit. This 8 days of pay is utter and complete B S DO NOT TAKE IT!!!! |
That's the plan. It is better to notify the laborboard first or should i do it after. I have a feeling that tomorrow is going to get pretty ugly. Who knows, they may have someone there to stop me from coming into the school. |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Sat Nov 05, 2011 11:33 pm Post subject: |
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| What is the phone number of the labor board? |
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Murakano
Joined: 10 Sep 2009
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young_clinton
Joined: 09 Sep 2009
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| Posted: Sun Nov 06, 2011 1:17 am Post subject: |
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| chachee99 wrote: |
| The reason they gave is apparently I was late for class and people were watching me. However, I showed up at least 30 minutes before class. Plus the letter stated that the parents were complaining and wanted a new teacher. . |
nope three warnings for those. It's a dirty hogwan. they just found someone they wanted more which is why he's coming to class on Monday already. This is why if you can send dirty hogwan owners to jail you should.
please list the hogwan here, and you should talk to your replacement and tell him what they did to you. |
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