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Dismissal - what are our rights????
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luckylady



Joined: 30 Jan 2012
Location: u.s. of occupied territories

PostPosted: Wed Feb 29, 2012 7:19 pm    Post subject: Reply with quote

as soon as they hire a new teacher you will be history, and I would bet my last won no one will pay you what you are owed.

that is the only reason they want you to stay 30 days.

seriously, you've done nothing wrong, only foolish. know the difference and try not to be intimidated.

and no search warrant would be out for you, it doesn't work that way.

this hakwon owner has lost face, perhaps someone such as a student (or worse, a mother) was the one who pointed out the FB post - he needs to re-assert himself and show who is in charge here.

as others have said (and me) no one has any right to withhold money from you for this - they have to sue if they want damages compensation.
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L_orna



Joined: 29 Sep 2010
Location: Ireland

PostPosted: Thu Mar 01, 2012 12:09 am    Post subject: Reply with quote

Ok So now I have decided just to leave. As in, go into work tomorrow (Friday) and act normal. have my bags packed and leave on Saturday. Im scared theyll intercept me in the elevator (they live in the same building) or something like that but I know it will probably be fine. Im considering bringing a male friend to my apartment to help me move my bags just in case.
Thing is, when I go into work tomorrow, Im pretty sure they will try and get me to sign something to guarantee I will stay the 30 days.

Ive been advised to not sign a thing but if I refuse he'll get the horn and start threatening me again. The thing is, my friend has left (gone to her job) and Ill be fighting a battle on my own against them. I would rather keep em sweet (as is possible in this situation - Im pretty sure they are wondering will I just up and leave tonight).

The thing is, if I sign something to agree Ill stay and I leave...can they actually do anything? ie - send my family letters or emails?
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plchron



Joined: 26 Feb 2011
Location: Korea

PostPosted: Thu Mar 01, 2012 1:27 am    Post subject: Reply with quote

I understand that you have lived in a cult-like hagwon bubble ever since you got here. Working and just pending a lot of time at the hagwon to the point that it has become the center of your life in Korea. Wait until payday. leave the day after. If you are never coming back to korea then don't worry about signing anything. If you want to stay then file formal complaints with the labor board, etc.
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L_orna



Joined: 29 Sep 2010
Location: Ireland

PostPosted: Thu Mar 01, 2012 3:07 am    Post subject: Reply with quote

Thanks for that. Thing is,we got paid only three days ago, so I am Ok for money to get out of here. Im totally spooked about moving my stuff out because they live in the same complex so Im getting a male friend to help me move it. Just in case .. plus its good for moral support.

If I stay I risk the chance of being totally screwed, plus in the minority. I will be the only foreign teacher there and I dont want to think what my manager may have told them that I 'said' about them etc (in otherwords, bullshit)

I have no intention of coming back to Korea so not concerned about that.
Just hope they dont make me sign anything tomorrow but will have to wait and see.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu Mar 01, 2012 5:26 am    Post subject: Reply with quote

L_orna wrote:
Thanks for that. Thing is,we got paid only three days ago, so I am Ok for money to get out of here. Im totally spooked about moving my stuff out because they live in the same complex so Im getting a male friend to help me move it. Just in case .. plus its good for moral support.

If I stay I risk the chance of being totally screwed, plus in the minority. I will be the only foreign teacher there and I dont want to think what my manager may have told them that I 'said' about them etc (in otherwords, bullshit)

I have no intention of coming back to Korea so not concerned about that.
Just hope they dont make me sign anything tomorrow but will have to wait and see.


If you have no intention of coming back to Korea then it doesn't matter what you sign.

They can not and will not be able to do ANYTHING to you once you are out of the country,
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luckylady



Joined: 30 Jan 2012
Location: u.s. of occupied territories

PostPosted: Thu Mar 01, 2012 4:38 pm    Post subject: Reply with quote

yeah sign whatever just to keep the peace and then scram

be careful tho, of neighbors who might be watching you for your boss - that is very spooky living in the same building. it is a good thing you'll have a friend helping you to leave - hope all goes well - post us an update afterwards
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YTMND



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

PostPosted: Thu Mar 01, 2012 4:56 pm    Post subject: Reply with quote

Quote:
Im getting a male friend to help me move it.


So are you moving to a new location? Where is your stuff directly going to? The airport? When I left, I just told the school to come 3 hours after I left to check up on the apartment.

Tell them there is a water or ant/roach problem. That way it will give reason for you to be shuffling your stuff around and taking it out the apartment.

If you are really worried, don't pack or fully pack your suitcases/luggage. Don't make it look like you are carrying heavy stuff. Carry it to the car and pack there. Neighbors are less likely to notice anything wrong.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Mar 01, 2012 5:14 pm    Post subject: Reply with quote

Just pack and leave.

They can't force you to work and quitting is your legal right.
You cannot contract away your rights under a labor contract so there is NO legal repercussion from quitting.

They can't force you to stay - kidnapping is illegal here too.

If they fuss tell them to kiss your azz and leave anyway.
If you are assaulted, call the police.

.
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plchron



Joined: 26 Feb 2011
Location: Korea

PostPosted: Thu Mar 01, 2012 5:40 pm    Post subject: Reply with quote

my brother pulled a runner a couple of years ago. he was very spooked about the same things (confrontation on the way to the airport). he waited until saturday or sunday morning, when more than half the country is passed out from binge drinking the night before. The funny thing was that it was the start of some sort of holiday, so he ended up sharing the bus/ shuttle with some of his students and their family members. I think it tripped him out even more (as far as his anxiety level on the way to the airport).
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akcrono



Joined: 11 Mar 2010

PostPosted: Fri Mar 02, 2012 3:35 am    Post subject: Reply with quote

While it is within your right to pull a runner and the information here has been correct I feel like it's a bad idea to pull one unless you're absolutely miserable and have no way out. I'm generally against runners unless they are a last resort.

First of all, if your Facebook feed is like many peoples', it's private. If you delete the comment, and they have no record of it, they will have no proof (because they were never able to access your wall to get a printout/screenshot). Your only concern is the person who told them, find out who they are if you can. The 2 rules that could qualify you for dismissal (found here: http://www.moel.go.kr/english/dont_miss/faq_view.jsp?idx=3120 page 91) are:
"Causing financial damage to the company"
"Undermining the company�s reputation"

Financial damage is unlikely and hard to prove here. Undermining the company's reputation would likely depend on your Facebook privacy settings and whether or not they have a copy of the comments (or can get anyone to testify that they saw them). Even then, the audience affected by your comments most likely does not contain anyone who knew the company before.

If they don't have a case, then they cannot dismiss you over this (if I've read the rules correctly). Unless you'll actually receive airfare and severance for working the last 30 days (and have it in writing), continuing to work for the remaining 4 months is worth much more than 4 month's salary with the airfare and severance (that's almost an extra grand a month).

If I were you, I'd ask for 2/3 of your severance and airfare (since you fulfilled 2/3 of your contract), and then work whatever they wanted you to and promise to be a good little worker. If they refuse, tell them that they have no legal grounds to terminate the contract and that you will fight them every step of the way. The only wrench in this plan is the public availability of your FB account and the person who ratted you out.

On a runner, you lose money, and the reputation of other teachers here gets hurt a little more. It seems better to stick it out a little longer for a lot more cash (around 2 grand + the unpaid hours you sacrifice by running).

I don't think you should worry about a libel suit here. Between the medium, audience, and vagueness of the comments, it looks like it wasn't seen by people that know the school and affect their reputation or business.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Fri Mar 02, 2012 5:49 am    Post subject: Reply with quote

If I was in that situation, I would hammer the owner at the labor board. All his threats are just a load of smoke coming out of his backside.

If you really want to leave then go ahead. There will be no repercussions to it. If you really want to screw him over, then do a midnight run and enjoy knowing that he'll have problems because of it. But it's not necessary. If the boss fired you without showing cause then you can just transfer to another school. As others have said you can switch from your work visa to a temporary visa to search for jobs and then switch back to a work visa when you find an employer. If you're not looking for airfare or other benefits, then you can probably even get a short term job with a school that's willing sponsor your new E2 visa. In fact you can probably get one that will start within a week or two if you contact dozens of recruiters right away and tell them the situation.

Sticking around in Korea also means that you can stick it to your boss at the labor board. Plus.... was he paying pension and health insurance for you? If so, you can reclaim the pension. If he wasn't you can tell the pension office and they'll force him to do it. They hate getting cheated as much as you do, and they have the teeth to do something about it. So if he owes you any money (e.g. deductions or last pay, or flight reimbursement, etc.) then you can make sure that you get every Won that's owed to you. Plus, in the process the owner of the hogwon will then be on file at the labor board. THOSE two things will really affect him. After you pull a runner, it will only take him a few days to get a temp replacement for your classes - damage minimalized. If he not only loses a teacher but ALSO has to pay a lot of money and goes on file at the labor board and the pension office... then you really get to stick it to him.

If you do pull a runner, don't worry about it. Lots of teachers do it. So far, no one has ever reported having any troubles with it. Just don't tell the boss in advance or else he'll throw a fit and possible try to throw your stuff out of the apartment or change the locks. It's not totally legal but that wont necessarily stop him. If he does see you leaving, then just tell him shove off. He may yell at you while you're taking your stuff to the taxi but if he puts a hand on you, start screaming to draw attention and then call the police. There is NO way at all for him to stop you leaving the country. Immigration doesn't care one bit about labor disputes. They only care if you are a wanted criminal, someone that the court forbade from leaving the country, or someone who overstayed their visa. Even if your boss cancels your work permit, you still have a few weeks to leave.

And like others have said, delete the FB posts. And if anyone asks, deny that they ever existed.
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Carbon



Joined: 28 Jan 2011

PostPosted: Fri Mar 02, 2012 5:54 pm    Post subject: Reply with quote

Troglodyte wrote:

And like others have said, delete the FB posts. And if anyone asks, deny that they ever existed.


Don't do this. It isn't hard to take a screenshot or for him to have witnesses or whatever to verify that the post was there. You start lying you lose any advantage at all you may have.

If you want to go, go. If you want to hang around for a bit and fight him, you probably have grounds to do something, but honestly, if you are set on leaving Korea for good, then just go. Staying will cost you time and money better spent on getting settled wherever you are heading.

It's tough here; you really have to watch what you say. Never use names of specific people or places unless you are set on getting the heck out of here.
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Julius



Joined: 27 Jul 2006

PostPosted: Fri Mar 02, 2012 7:12 pm    Post subject: Reply with quote

Troglodyte wrote:
if he puts a hand on you, start screaming to draw attention .


I've seen Koreans walk right by as some poor woman gets her face kicked in. They will even step over the victim if they're between them and their favourite department store.


Screaming will not help you in Korea. It just merges with the rest of the wild animal sounds that fill up every neighbourhood.
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