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jamesd
Joined: 15 Aug 2011 Location: Korea
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Posted: Sun Nov 06, 2011 3:46 am Post subject: |
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| young_clinton wrote: |
and you should talk to your replacement and tell him what they did to you. |
Sure. But I doubt the young fresh outta college pretty blond replacement gonna really care as long as she's pampered by her boss. |
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Maserial

Joined: 31 Jul 2005 Location: The Web
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Posted: Sun Nov 06, 2011 4:38 am Post subject: |
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| young_clinton wrote: |
| please list the hogwan here, and you should talk to your replacement and tell him what they did to you. |
I would refrain from doing that - at least for the time being. |
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Stan Rogers
Joined: 20 Aug 2010
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Posted: Sun Nov 06, 2011 5:30 am Post subject: |
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| Maserial wrote: |
| young_clinton wrote: |
| please list the hogwan here, and you should talk to your replacement and tell him what they did to you. |
I would refrain from doing that - at least for the time being. |
Yes! OP don't jump the gun and do something foolish. Go to work on time Monday and see what happens. Then you can react accordingly. |
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nathanrutledge
Joined: 01 May 2008 Location: Marakesh
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Posted: Sun Nov 06, 2011 5:40 am Post subject: |
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Just to add my two cents...
I would NOT ask for a LOR OR any extra pay or ANYTHING. I would go to work like nothing happened and see what they say.
Here's why.
I doubt that they have another teacher lined up. You've been around Korea awhile, they have to know that, so they have to know that you're not going to be the easiest person to push around.
If you go in and start off right away asking for a LOR, it could be used against you - "Well, he came to work on Monday and demanded we pay him and give him a letter of release - HE wanted to quit, so we let him."
Don't even try to negotiate with them. Read the labor standards act that ttompatz posted. Read your contract. Go to work, let them fire you. If it's an unjust firing as you claim, as you read it by the law and by your contract, don't negotiate a single thing - take it to the labor board. You try and negotiate something, that could be seen as you being complicit in the whole thing. You're not going to get a better deal than what the law allows. The 8 days and a LOR is BS. Fact is, you are entitled to 30 days pay/notice. The LOR has minimal value. If I'm not mistaken, immigration has been more flexible on transfers without a LOR IF the school in question is shady - as this one seems to be.
So, go to work, do your job, do it well. They want to fire you, accept it quietly and go to the labor board immediately and get whats yours. |
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chachee99

Joined: 20 Oct 2004 Location: Seoul Korea
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Posted: Sun Nov 06, 2011 6:24 am Post subject: |
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| nathanrutledge wrote: |
Just to add my two cents...
I would NOT ask for a LOR OR any extra pay or ANYTHING. I would go to work like nothing happened and see what they say.
Here's why.
I doubt that they have another teacher lined up. You've been around Korea awhile, they have to know that, so they have to know that you're not going to be the easiest person to push around.
If you go in and start off right away asking for a LOR, it could be used against you - "Well, he came to work on Monday and demanded we pay him and give him a letter of release - HE wanted to quit, so we let him."
Don't even try to negotiate with them. Read the labor standards act that ttompatz posted. Read your contract. Go to work, let them fire you. If it's an unjust firing as you claim, as you read it by the law and by your contract, don't negotiate a single thing - take it to the labor board. You try and negotiate something, that could be seen as you being complicit in the whole thing. You're not going to get a better deal than what the law allows. The 8 days and a LOR is BS. Fact is, you are entitled to 30 days pay/notice. The LOR has minimal value. If I'm not mistaken, immigration has been more flexible on transfers without a LOR IF the school in question is shady - as this one seems to be.
So, go to work, do your job, do it well. They want to fire you, accept it quietly and go to the labor board immediately and get whats yours. |
That's my plan. I am not going to demand any LOR or 30 days pay. If they want to fire me they can do it in person. Yes, I have read the labor laws. I know I am entitled to 30 days notice. I am not going to try and negotiation anything. This dismissal via email just doesn't cut it. If they are serious about getting rid of me they can do it the right way.
I have no idea how flexible immigration is or is not regarding LOR. Anytime I changed positions I had to submit one. |
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Stan Rogers
Joined: 20 Aug 2010
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Posted: Sun Nov 06, 2011 6:25 am Post subject: |
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| Good luck. |
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Feloria
Joined: 02 Sep 2006
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Posted: Mon Nov 07, 2011 4:15 am Post subject: |
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OP-
How did it go? |
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Juregen
Joined: 30 May 2006
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Posted: Mon Nov 07, 2011 4:23 am Post subject: Re: immediate termination of contract |
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| chachee99 wrote: |
| On Friday I was sent an email by my school stating that my contract has been terminated and I am not to go in to the school on Monday because they have already found a replacement teacher. I have worked with the company for 9 months and I was shocked when I received the email. It is really shocking because the contract states that I need three letters of warning before they can terminate my contract. What can I do? Doesn't the school have to provide a 30 day notice period before terminating the contract? |
They can terminate the contract one sided, immediately, but you have all the right to go for compensation. |
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chachee99

Joined: 20 Oct 2004 Location: Seoul Korea
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Posted: Mon Nov 07, 2011 7:45 am Post subject: |
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Here is an update. Before going to the school I tried to call me managers of the company, but again did not see a response.
I went to the school today. I signed in and proceeded to the classroom. I met replacement teacher. Nice person, I have no grudges against him. A person from the company was at the school to give him a debriefing. Being nice, I helped the new teacher out. I showed him exactly where we were in the textbooks, the structure of the courses, and what needed to be done.
During that time the lady, as if by magic was able to get in contact with the manager who sent me the email. I wanted him to meet with me at the school, but apparently he was busy with some presentation. The lady told me that he would phone me after he was finished with his presentation. I went into the classroom and grab my belongings and files from the computer. Apparently, my co-teacher was not aware of my termination either. She said she felt sorry for me. I replied that I was most upset about how the company handled the termination via sms and email.
I asked if I could wait and meet him at the school, she said no because the students were not aware that I would be teaching the classes from now on. I hung around the school and waited around the school. After the first class the students were confused because they could not understand why another teacher was in the classroom, but I was still there. I kept my mouth shut though about the incident to the students. Then I was asked to leave the school by the company lady.
I called the English labor board office and told them my story. The man said that the company had to provide me with 30 days notice or 30 days pay. He told me to go the labor office in Seoul in Eujiro and speak to a person about my complaint.
I went to the office and told him my situation. I mentioned the start date and the date of termination. I then showed him a copy of the contract and showed him the email on my smart phone. He agreed that I should have been given 30 days notice and suggested I filed a 30 day severance grievance with the company. He search his computer and found out the company's information and faxed off a grievance to the labor board head quarters.
It was around 5pm and I have not received a call from the company manager. I called him back and once again no answer.
When i returned home I saw that he sent me an email. And this is where the story gets messed up. Apparently they are playing the blame game. The email stated that it was the school's decision to terminate me and the company had no choice but to send me the email notifying me of the termination, which would be effective immediately. The email also stated that since I "caused trouble" by going into the school, the will refuse to help and resulting in cutting my stay in Korea down from 60 days down to 30 days. The email ended with a portion of the original contract with the company which said that if the employee is unable to do their duties in the country they can terminate the contract immediately.
I emailed the company back and once again mentioned that I did not receive a proper written notice by either the school or the company. At the bottom of the email I attached a copy of the labor board act showing them that a 30 day notice must be provided. If they do not want to keep the employee for 30 days then 30 days pay must be provided to the employee.
My question is, who is the party to file the dispute with, the company or the school? FYI it is an afterschool program situation I am dealing with. I should also point out that the only copy of the contract is one provided to me by the company. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Mon Nov 07, 2011 8:06 am Post subject: |
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| chachee99 wrote: |
My question is, who is the party to file the dispute with, the company or the school? FYI it is an afterschool program situation I am dealing with. I should also point out that the only copy of the contract is one provided to me by the company. |
Since you will file the complaint through the Labor office, they will advise you on this, but at the outset you should name both the school and the company as parties, both jointly and separately. Perhaps it will mean two separate complaints. Either or both could be held liable and required to pay. This doubles your chances of having trouble (they can blame each other as well as you) and doubles your chances of collecting in the end (both should have adequate assets to pay). Unless they have some serious grounds for your dismissal, you will prevail. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Mon Nov 07, 2011 8:08 am Post subject: |
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| chachee99 wrote: |
The email ended with a portion of the original contract with the company which said that if the employee is unable to do their duties in the country they can terminate the contract immediately.
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So, was there any part of your job that you were unable to do? |
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Stan Rogers
Joined: 20 Aug 2010
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Posted: Mon Nov 07, 2011 4:16 pm Post subject: |
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"caused trouble" I love that one.
They caused their own trouble, but I guess it's their choice if they want to blame you for that. You are lucky to have access to informed people on this matter. You wouldn't believe how many people in the past who have gotten screwed by employers here who just don't honor contracts and obey the law. And hats off to the labor board for being so supportive. Sounds like you are handling things in a proper manner.
I wish you all the best with this. |
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I-am-me

Joined: 21 Feb 2006 Location: Hermit Kingdom
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Posted: Tue Nov 08, 2011 8:00 pm Post subject: |
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| where is new teacher going to live? They havent kicked you out of apartment yet? Go to the tax office and and pension office to check if they paid into it. Hagwons are afraid of the tax office. |
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PatrickGHBusan
Joined: 24 Jun 2008 Location: Busan (1997-2008) Canada 2008 -
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Posted: Wed Nov 09, 2011 5:43 am Post subject: |
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| I-am-me wrote: |
| where is new teacher going to live? They havent kicked you out of apartment yet? Go to the tax office and and pension office to check if they paid into it. Hagwons are afraid of the tax office. |
Decent idea. Do note however that if your Hakwon has not been paying into the pension fund it typically means you have not paid into it either. If that determination is made, the pension service will ask the school and the teacher to pay into the pension scheme for whatever money has not been paid. That means the OP could have to send a backpayment to the pension service.
Just something to keep in mind. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Nov 09, 2011 5:49 am Post subject: |
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| PatrickGHBusan wrote: |
| I-am-me wrote: |
| where is new teacher going to live? They havent kicked you out of apartment yet? Go to the tax office and and pension office to check if they paid into it. Hagwons are afraid of the tax office. |
Decent idea. Do note however that if your Hakwon has not been paying into the pension fund it typically means you have not paid into it either. If that determination is made, the pension service will ask the school and the teacher to pay into the pension scheme for whatever money has not been paid. That means the OP could have to send a backpayment to the pension service.
Just something to keep in mind. |
And along with the NPS back payments there are the NHIC back payments from the entry date into Korea to the termination of employment. Same may be true of the tax man if payments weren't properly deducted or remitted.
If he wants to go to the wall on the whole ball of wax, then go for it.
If not, then be careful who, besides the labor board, he files complaints with.
. |
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