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Just another possible 11th month firing-Seeking Reassurance

 
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sokobobbie



Joined: 04 Nov 2009

PostPosted: Tue Feb 07, 2012 4:34 am    Post subject: Just another possible 11th month firing-Seeking Reassurance Reply with quote

After working at a kindie for 11 months now, I confirmed I wasn't re-signing because I want to go home and train to be a teacher at home and a member of close family is sick. As far as I know there was no resentment from management on this decision. Also two other teachers are reaching the end of their contract and not re-signing. No problem there.

Yesterday I asked for about my return flight and printed off several options for destination from skyscanner. I wrote down three local airports and printed off the cheapest flights. I couldn't talk directly to the director as I was "asked" to be the bus teacher as there was to be a Korean teacher meeting.

Cut a long story short, today I was threatened with being fired. A case of forgotten items in a child's locker was stated. It was a very heated meeting - with the director shouting at me in Korean for 15 minutes. I have been in this kind of meeting before and know it is better not to respond. I stated my case - I was teaching a different class at the time and therefore couldn't ensure the items went home but always place coats, bags and possessions in the same place for when the child goes home.

The director's response involved my private life (I understand a little Korean): 'She leaves everyday at 6.30pm and goes to yoga after school!' and 'Everyday I get complaints from parents'. My working hours are 9am-6.30pm and she has never mentioned parent's complaints to me since June 2011. It is the kind of environment where if such complaints were made I would hear of it.

Digressing - sorry! Anyway, the director made a point that if such a situation occured again I would not be returning to the school and I would be paying for my own airfare.

Just looking for some reassurance, it's my understanding that:
Korean law states a thirty day notice/ 30 days payment in lieu
.... should I be fired I should have a valid case for wrongful dismissal with the labor court on the grounds she doesn't want to book my flight home or pay my severance?
If worst case scenario happened - what are my chances of getting my severance, pay and airfare?

Just in case I intend to start recording my arrival and departure times (she claimed I was consistently late but didn't remember the 2 months I worked 30 minutes extra unpaid overtime as there were no Korean teachers to man the buses) and documenting all the admin, original worksheets and resources I make during non-teaching work hours. Any other plans I should be making?

(edited to try remove any personal information for obvious reasons)
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iggyb



Joined: 29 Oct 2003

PostPosted: Tue Feb 07, 2012 5:12 am    Post subject: Reply with quote

They do have to give you a notice.

Any time you get fired in the 10th or 11th month, you've got a good shot
with the labor board. They aren't new on the block. They've seen this kind of thing again and again with hakwons.

A good thing now is that they have visas that allow you to stay in country and look for work or until your labor case is solved. I don't know when that became law, but I don't remember it from my first time around in the 1990s.

Just to prepare, find the link to the labor laws online and read them. If you get into one of these fights with the boss that includes being fired or having significant deductions taken out of your pay, you can cite articles in the labor law and talk about calling the labor board. Often just mentioning getting the labor board involved works.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Tue Feb 07, 2012 5:31 am    Post subject: Reply with quote

Looks like panic time for the school. Getting 3 Kindergarten teachers in a short time is hard. OP did you hem and haw about resigning. IF so when they got the final answer from you, they might have not been be prepared and in panic decided to get vengeful.

Honestly what f-ing parents are complaining about a teacher leaving at the end of the day. Are there parents out there waiting by the door or phone to see the waygook teacher.

Plus for YOGA! Yea I could see maybe some about smoking or drinking!

OP you sound like an OK teacher. Schools sounds petty, but it sounds like they are trying to build a case to fire you. Start getting your ducks in a row. This might need some labor board intervention. But if that happens you will need to be prepared for time.

Good Luck and keeps up informed.
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PRagic



Joined: 24 Feb 2006

PostPosted: Tue Feb 07, 2012 8:45 pm    Post subject: Reply with quote

First off, you did the right thing by not losing your cool at that meeting. Second, you are correct in that they must provide notice if they intend on canning you.

Wait to see how things pan out. If you don't get your last month's pay, your severance, and your ticket home, simply take the documentation you have and go to the labour board. The labour board will then take your case and contact the school. In many cases, the school might just pay up in order to avoid the mess. If not, then you'll be scheduled for a sit down with the labour board and a representative from the school. Looks like the odds are very strongly in your favor and resolution can be achieved relatively quickly.

Good luck witih it. Sounds like your boss is being a dork.
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akcrono



Joined: 11 Mar 2010

PostPosted: Tue Feb 07, 2012 8:52 pm    Post subject: Reply with quote

Something no one else addressed is that if you do decide to get the labor board involved (and it benefits other foreign teachers if you do), it is a long time before they will actually settle the issue, 6 months I believe. You might have to figure out whether the final amount owed to you is worth spending an extra 6 months in Korea (IMO it is).
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sokobobbie



Joined: 04 Nov 2009

PostPosted: Wed Feb 08, 2012 2:27 am    Post subject: Reply with quote

Update - as of today I have heard nothing else. However I have been permanently given the bus duty on Monday/Wednesday/Friday - another perk not in my job contract. But it means I don't have to clean my room or attend any staff meetings (although because I don't know information disclosed in these meetings I expect there will be problems). Though less contact with the management for me is great!

Hoping this outburst was just another moody impulse of management. But feel a lot better from the replies. Even this six month business as I have friends and a background in Korea so I expect a suggestion of going to the labor board might rock the boat should I need to mention it.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Wed Feb 08, 2012 2:31 am    Post subject: Reply with quote

My approach would be to play dumb. Show up to work, and when they tell you that you no longer work there pull out a copy of your contract. You don't need to point to any exact condition, but ask them what you should do about ending a contract early. Never make it appear that you are the one quitting. Since you might not be teaching, bring something along to read in the teacher's room. However, don't leave the school.

After a few days of this, then go on with a more aggressive attitude that you "learned about a 30 day notice or payment".

Realize you have your severance to lose also if you haven't worked a full year. Make sure they have been paying pension as well. This all could add up. Since the other teachers are leaving too, I would work together on this to make your cases stronger. Or are you being singled out?
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akcrono



Joined: 11 Mar 2010

PostPosted: Wed Feb 08, 2012 3:11 am    Post subject: Reply with quote

YTMND wrote:
but ask them what you should do about ending a contract early. Never make it appear that you are the one quitting.


Don't ask them about ending a contract early, that WILL make it appear that you are quitting.

Regardless, he's right. Don't go home unless they kick you out. The law is definitely on your side on this one (and they have been known to award extra compensation for your troubles), but you will need to stick around in Korea for awhile to get it resolved.

Not sure I would feign ignorance about the 30 day law; showing you're informed might save you some hardship. They might just suck it up instead of bullying you around.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Wed Feb 08, 2012 9:59 am    Post subject: Reply with quote

Quote:
Don't ask them about ending a contract early, that WILL make it appear that you are quitting.


I think you misunderstood. I said GO TO WORK, and when they tell you to leave, talking about ending the contract early doesn't mean YOU are leaving early. It means there is a blank, a blank for them to fill in. If they say, "Ok, then here is your 30 day notice" or "Ok, here is your month's pay, now leave", then leave.

You give them chances to make a deal early on. Don't escalate it to demands on day 1. Give them chances. Make them see the escalation, this will drive home that you aren't leaving until you get something.

This can be done with pay day also. The earlier they pay, the less you nag them. The later they pay, the more annoyance you become to them. This conditions them to pay you on time. Do it early enough in the contract period, and you don't have to worry about it.

Quote:
Not sure I would feign ignorance about the 30 day law; showing you're informed might save you some hardship.


If the 30 day notice is a legitimate argument, then the longer you wait the better. It means they have less of a chance to apply a 30 day notice. If they give the 30 day notice sooner, it increases the chances that you haven't completed a year. Therefore, you aren't entitled to severance.

It's always better to hold out if law is on your side. If you go in with guns blazing, you will most likely get burned. I tend to be very methodical and plan my exits after fully getting another place. This means I need time, and if I am entitled to the money, I ALWAYS return to collect. I don't call, I don't give warnings. I just show up like a silent ninja and freak the boss out. "Here, take your money, get out!!", fine, now I am out.
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The Floating World



Joined: 01 Oct 2011
Location: Here

PostPosted: Thu Feb 09, 2012 3:16 am    Post subject: Reply with quote

They are going to try and screw you. Find out NOW, the correct Labour office for your part of the city and get those forms ready.

Always go in and threaten with the forms first (when the eventuality comes) as that will freak them out and give them a chance to payup.

There's an odd aspect about Korean culture that if you went and told them you had already filed the forms at the labour ffice, they will lose face and then feel backed into a corner and then fight all the way despite any extra costs or problems they might incurr along the way. Heck they'd lose 10mil to stop you getting your 4mil if it saved their 'Pride.'

So always show them you know what you're doing and are serious FIRST before taking action, then they are more likely ime to play ball. A lot of the time they think the waygook has no clue what to do / and / or / is going straight home, so can't stick around to get their money even if they did know how to.

You need to make them lose these illusions.

Been there twice myself.
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CentralCali



Joined: 17 May 2007

PostPosted: Thu Feb 09, 2012 2:39 pm    Post subject: Reply with quote

You do not have to stay in Korea yourself to pursue a complaint at the Labor Board and still prevail. You can designate another person to appear on your behalf before the board.
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