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Dicey situation ? Opinions appreciated !

 
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ptaza



Joined: 03 Mar 2011

PostPosted: Tue Jan 31, 2012 5:49 am    Post subject: Dicey situation ? Opinions appreciated ! Reply with quote

Lies, transfers and now late pay.

In a nutshell, this is what happened:
We moved to Korea in June 2011 to work at Reading Town. By September, we found out that the man who hired both my husband and me wanted to revamp this 'old hogwan' and get a newer, shinier one, which required only one native teacher. This new brand had the stipulation that he couldn't own another hogwan so he moved Reading Town out of his name and found some poor schlub to go 50/50 with him on it. He moved it to a town an hour away ...me along with it. He released my visa and my new boss signed another contract with me--the same as the first one I signed, only photocopied, with the only difference being that she signed it and we made the necessary changes from 12 months to 9 months. They didn't tell me that they were releasing my visa until I was there at the office handing in my ARC card and they only told me that I would be working at the now moved Reading Town a few days before hand. (in true Korean fashion)

He then made sure that the new brand was put into his wife's name so he wouldn't have to worry about anything on paper-- strictly legally speaking, he was doing what JLS (the new brand) stipulated. My husband was told that his visa was released from the husband and moved over to the wife, but my husband never signed any paperwork. They chose him to be the native teacher for their new hogwan and they've really put him through hell and back.

They never gave him a new contract to sign, so we realise that we're in a type of limbo of sorts. He has a Reading Town contract that was never cancelled (but does it become null and void after the hogwan ceases to exist even though the new one is operated by the same husband and wife and is in the same location?) but he has been working an entirely different curriculum for a different brand. He just went through intensives and has a lot of overtime. We're going to present them the hours that he worked overtime tomorrow. But we are concerned that there's no 'overtime' because he wasn't working under a JLS contract. For a week, he was working 12 hours a day due to their own mismanagement and lack of planning. This also brings concerns about return airfare and severance, which was in the Reading Town contract, but we fear that they will try to deny since he's now working at JLS without a JLS contract.

We know they haven't been keeping track of his overtime as they are exceptionally disorganised. Not the least of which stems as a result of how unscrupulous and conniving they are and continue to lose teachers on a monthly basis. We've seen them screw over several Korean employees to the point that THEY went to the labor board, and another one is suing them. When they moved the Reading Town hogwan, they transferred over four of the former Reading Town employees. They told one to quit three days in. They fired another with no notice, and got away with it because she hadn't signed a new contract with them for their new location, even though she went to the labor board to complain.

We went to the Pension Office today to discover that they'd been paying my husband's pension, but not mine. They also marked our pay down as 700,000 won less than what we do get paid. They didn't pay me 700,000 won from my last paycheck for a month and then this most recent paycheck took them eight days to pay at all.

The lure of a potential 10,000 dollars in bonus money at the end of this contract in four short months is too great a temptation for our impoverished finances...but we don't want to get screwed out of what we're supposed to get after suffering another four months in this hogwan hell.

1) What, if any, recourse do we have regarding the contract/no contract situation?

2) Do we have anything that we can take to the labor board to add to their file of complaints? And would this be beneficial?

Please any advice, words of wisdom or caution, would be much appreciated.
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NYC_Gal 2.0



Joined: 10 Dec 2010

PostPosted: Tue Jan 31, 2012 6:31 am    Post subject: Reply with quote

Does he get paid via bank transfer? You have proof that the same boss has been paying you, so that might help. I'd say go to the labor board, but I'm sure that others with similar experiences might have better advice. Best of luck!
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Harpeau



Joined: 01 Feb 2003
Location: Coquitlam, BC

PostPosted: Tue Jan 31, 2012 9:37 am    Post subject: Reply with quote

I just want to say that I feel for you. I hope that the two of you find your way through this "valley of shadows" ~and remember, we are all pulling for you! Keep us posted.
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iggyb



Joined: 29 Oct 2003

PostPosted: Tue Jan 31, 2012 3:24 pm    Post subject: Reply with quote

Search the internet for an English-speaking lawyer who is willing to offer basic legal advice. They are out there. Not many and maybe it will take a little time to get a reply, but I've done it before.

Your situation is complex enough to warrant professional advice, and it sounds like your boss is having money trouble or is planning to screw you anyway. You might need paid representation in the end since this involves a full year teaching and 2 of you. That is a fair chunk of money.
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ptaza



Joined: 03 Mar 2011

PostPosted: Tue Jan 31, 2012 4:06 pm    Post subject: Reply with quote

Thanks for your responses - I will check into an English speaking lawyer
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ptaza



Joined: 03 Mar 2011

PostPosted: Tue Jan 31, 2012 4:47 pm    Post subject: Reply with quote

NYC_Gal 2.0 wrote:
Does he get paid via bank transfer? You have proof that the same boss has been paying you, so that might help. I'd say go to the labor board, but I'm sure that others with similar experiences might have better advice. Best of luck!


he does. that's a great point. both of our paychecks are paid electronically into my account (they don't even have his info--see: lack of organisation)

We also found out yesterday that apparently my old boss, and my husband's current boss, is paying half of my wages...

thanks for the advice Very Happy
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NYC_Gal 2.0



Joined: 10 Dec 2010

PostPosted: Tue Jan 31, 2012 5:39 pm    Post subject: Reply with quote

ptaza wrote:
NYC_Gal 2.0 wrote:
Does he get paid via bank transfer? You have proof that the same boss has been paying you, so that might help. I'd say go to the labor board, but I'm sure that others with similar experiences might have better advice. Best of luck!


he does. that's a great point. both of our paychecks are paid electronically into my account (they don't even have his info--see: lack of organisation)

We also found out yesterday that apparently my old boss, and my husband's current boss, is paying half of my wages...

thanks for the advice Very Happy


Worst case, if the money has been paid to you over the whole time, if you can't prove that he's employed by them, you could always say that the double salary is your actual salary, and claim for severance at the end... Again, see a lawyer for the best advice.
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