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Been here over a month and no pay... Advice?
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Mon May 07, 2012 12:30 am    Post subject: Reply with quote

TheUrbanMyth wrote:
Weigookin74 wrote:
mcorteau wrote:
Sorry for the confusion. I arrived at the end of march and have no been paid. I was not paid from the time I arrived to the first payday which was April 10th. Then, instead of being paid this Thursday, the scheduled pay day, they are saying we will get paid at the end of May. Hope that helps.

The reason I seem a bit early to go, is that they boosted my hours exponentially, they started to have us foreign teachers cleaning the floors when we are on break refuse to turn on the AC and now of course not being paid is a real problem.

Thanks for your help guys!


Tell your boss to pay your for everything owed up until the tenth of May, then he can pay the rest at the end of the month. Give him until then, no pay, on the eleventh, go straight to the labor board and file a complaint. Then go to work and sit there but teach no classes until you are paid. If he won't pay, ask for a letter of release, get a D10, and seek a new job that will pay you.



This is terrible advice. Specifically the remark about going to the labor board on the 11th. Under Korean Labor Law the boss has 14 days to pay you AFTER the pay date has come due.


He said he came in late March and was suppose to get a partial pay on April 10th. Now it's approaching May 10th. I think he will have waited long enough and acted on "good faith". Time for him to go to the mattresses.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Mon May 07, 2012 12:32 am    Post subject: Reply with quote

mcorteau wrote:
Sorry for the confusion. I arrived at the end of march and have no been paid. I was not paid from the time I arrived to the first payday which was April 10th. Then, instead of being paid this Thursday, the scheduled pay day, they are saying we will get paid at the end of May. Hope that helps.

The reason I seem a bit early to go, is that they boosted my hours exponentially, they started to have us foreign teachers cleaning the floors when we are on break refuse to turn on the AC and now of course not being paid is a real problem.

Thanks for your help guys!


This is the clarification of the OP's conditions.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Mon May 07, 2012 2:27 am    Post subject: Reply with quote

If you didn't work any days in March then you can't bring it up at the labor board until 24 May (2 weeks after your contracted pay day). In fact, even if you worked 1 or 2 days, it might be hard to convince the labor board that it's worth complaining over. BUT, if you aren't receiving a break every 4 hours, then you can definitely complain about that. It may be hard to prove but you can complain about it.

Again, how many days did you work in March? (Doesn't matter when you arrived. It only matters how many days you worked.)

What does your contract say about overtime? Does it say that you're obligated to work overtime in certain situations? How many hours of overtime is the boss actually giving you? (I somehow doubt it's an exponential increase.)

Do you get a copy of the monthly or weekly timetable showing your work hours? Is it signed by the boss? If not, don't work the overtime because you have no way of proving it later.

If I were you, I'd refuse to mop the floors. I don't mind tidying up after class, but that doesn't go much beyond picking up papers and litter in the classroom, and giving it a quick sweep sometimes. Unless I myself spilled something on the floor, or maybe if one of my students spilled something messy that needed to be cleaned up, I wouldn't even touch the mop.


Still, I'd recommend that you get another copy of your visa documents ready. It doesn't look like you'll be sticking around there for much longer. My guess is that either you'll be fired, the school will close, or you'll just leave. If you have a set of documents ready then you don't have to worry about whether or not you can get a D10. If it's clear that the boss is cheating you by not paying on time (or within 14 days) then you'll probably be allowed to transfer your visa. But who know? Maybe he'll just fire you for some odd reason before you get a chance to report him and transfer.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Mon May 07, 2012 7:42 am    Post subject: Reply with quote

mcorteau wrote:
Sorry for the confusion. I arrived at the end of march and have no been paid. I was not paid from the time I arrived to the first payday which was April 10th. Then, instead of being paid this Thursday, the scheduled pay day, they are saying we will get paid at the end of May. Hope that helps.

The reason I seem a bit early to go, is that they boosted my hours exponentially, they started to have us foreign teachers cleaning the floors when we are on break refuse to turn on the AC and now of course not being paid is a real problem.

Thanks for your help guys!



This clears it up a bit, but there is still some confusion.

Your April 10th payday should have paid you only for the days you actually worked in March. You do not get paid through April 10th on April 10th. April 10th you get paid for March.

So, did you actually teach students on March 29th or before? You still haven't answered that one.

If you did not teach in March, nothing was due to be paid to you until May 10th - your first payday. Your April teaching salary - one whole month - is due to be paid on May 10th. Since it sounds like you didn't actually teach in March, your pay isn't late, yet, and won't be late until May 11th. Of course you've been warned that this pay will come 3 weeks late - and even that date could be pushed back again or you could see partial pay.

Since you weren't due to be paid until May 10th, you generally can't file with the Labor Board until your boss is 2 weeks late.

But, you have a bigger problem. If you can't run the A/C and you no longer have a cleaning person - and these things are some of the least costly expenses for a school like yours - then your school is on the way out. Don't worry so much about your pay. You'd best be worrying about your next job. Your school is going broke.

You will need a new job soon. If your school can't pay you there's a good chance you can transfer to a new job. But, as advised before in this thread, you should get busy getting new documents and enough cash to live on until you can land a new job and get paid. You may never see any money from your school if they are bankrupt. Even Labor and the courts can't collect when there is no money to be had.

The only reason to stay in your job for now is that you have free housing, you have a base to run a job search from, and you have a chance of seeing some of your pay someday - maybe all of it, but I wouldn't bet on that.
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mcorteau



Joined: 31 May 2009

PostPosted: Mon May 07, 2012 4:24 pm    Post subject: Reply with quote

I showed up the Monday of te last week of March and was teaching full days before the end of the week. I had one half day after my arrival of training, one full training day and then I started teaching full days from the first Thursday. The following Monday they merged two campuses at our facility and it has been going downhill since then.

To answer a question about working hours. I am still below the threshold of maximum teaching hours before I receive overtime, albeit barely. But I was given two extra classes a day and then told about the no pay. So it was more frustration, than a comment about being worked beyond the legal limit or something.

Thanks again guys.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon May 07, 2012 6:21 pm    Post subject: Reply with quote

Weigookin74 wrote:
TheUrbanMyth wrote:
Weigookin74 wrote:
mcorteau wrote:
Sorry for the confusion. I arrived at the end of march and have no been paid. I was not paid from the time I arrived to the first payday which was April 10th. Then, instead of being paid this Thursday, the scheduled pay day, they are saying we will get paid at the end of May. Hope that helps.

The reason I seem a bit early to go, is that they boosted my hours exponentially, they started to have us foreign teachers cleaning the floors when we are on break refuse to turn on the AC and now of course not being paid is a real problem.

Thanks for your help guys!


Tell your boss to pay your for everything owed up until the tenth of May, then he can pay the rest at the end of the month. Give him until then, no pay, on the eleventh, go straight to the labor board and file a complaint. Then go to work and sit there but teach no classes until you are paid. If he won't pay, ask for a letter of release, get a D10, and seek a new job that will pay you.



This is terrible advice. Specifically the remark about going to the labor board on the 11th. Under Korean Labor Law the boss has 14 days to pay you AFTER the pay date has come due.


He said he came in late March and was suppose to get a partial pay on April 10th. Now it's approaching May 10th. I think he will have waited long enough and acted on "good faith". Time for him to go to the mattresses.



He was supposed to get paid on the tenth of May. Under Korean Labor Law the boss has 14 days AFTER that date to pay. Only if he was not paid in April would he have a case at the labor board.
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The Sultan of Seoul



Joined: 17 Apr 2012
Location: right... behind.. YOU

PostPosted: Mon May 07, 2012 6:33 pm    Post subject: Reply with quote

Not being able to run the ac in Korean summer will be tough man, no lie.
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mcorteau



Joined: 31 May 2009

PostPosted: Tue May 08, 2012 4:05 am    Post subject: Reply with quote

The Sultan of Seoul wrote:
Not being able to run the ac in Korean summer will be tough man, no lie.


Yeah. Everyone sweating in class is pretty brutal.

TheUrbanMyth wrote:
He was supposed to get paid on the tenth of May. Under Korean Labor Law the boss has 14 days AFTER that date to pay. Only if he was not paid in April would he have a case at the labor board.


I am having trouble finding anything about 14 days in the Labor Act or Guaranteed Wage Act. Do you have an article or something to help me out? Thanks.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Tue May 08, 2012 4:40 am    Post subject: Reply with quote

mcorteau wrote:
The Sultan of Seoul wrote:
Not being able to run the ac in Korean summer will be tough man, no lie.


Yeah. Everyone sweating in class is pretty brutal.

TheUrbanMyth wrote:
He was supposed to get paid on the tenth of May. Under Korean Labor Law the boss has 14 days AFTER that date to pay. Only if he was not paid in April would he have a case at the labor board.


I am having trouble finding anything about 14 days in the Labor Act or Guaranteed Wage Act. Do you have an article or something to help me out? Thanks.



Since you asked so nicely here is the link


http://www.scribd.com/doc/12960127/Korean-Labor-Standards-Act-amended-in-2007

Scroll down. Find and read articles 36 and 37.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Tue May 08, 2012 7:29 am    Post subject: Reply with quote

You can also find it on the Galbijim site. Galbijim also has a lot of other useful resources.

http://wiki.galbijim.com/Labor_Standards_Act

If you're still working less than your contracted hours, then you have nothing to complain about on that topic. Consider yourself lucky that the school didn't give you a full schedule from day 1.

So far, the only thing that your boss has don't wrong is not paying you for TWO days from March. Sure, it's illegal, but the guys at the labor board might not consider it worth pursuing. Wait until the 10th. If he doesn't pay then wait until the 24th to go to the labor board.

Whatever you do, don't threaten the boss about reporting him. You won't gain anything. Most likely he'll just fire you BEFORE you report him to get more of an upper hand in the situation. It's best for you to report him first.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Tue May 08, 2012 9:57 am    Post subject: Reply with quote

mcorteau wrote:
I showed up the Monday of te last week of March and was teaching full days before the end of the week. I had one half day after my arrival of training, one full training day and then I started teaching full days from the first Thursday. The following Monday they merged two campuses at our facility and it has been going downhill since then.

To answer a question about working hours. I am still below the threshold of maximum teaching hours before I receive overtime, albeit barely. But I was given two extra classes a day and then told about the no pay. So it was more frustration, than a comment about being worked beyond the legal limit or something.

Thanks again guys.



Your boss owes you money from March. It's only a few hundred thousand won, but he should have been able to pay you on April 10. By paying you late he will hope to save one or two months' contributions to your health ins. and pension (both are billed in whole calendar months)- if he enrolls you at all. He will claim you had a later starting date.

So, one more warning sign that your school is going broke.

You need to make an exit plan. Dollars to doughnuts your school is going under.
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