|
Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
r.
Joined: 06 May 2006
|
 Posted: Tue May 08, 2012 9:55 pm Post subject: Q about contract fight after laid off from afterschool job |
 |
|
Up until recently I worked the afterschool program at a Public school. The public school contracted out with an English company to make the program, and that company served as my manager basically. However, my contract is directly with the public school.
About 3 months before my contract was due to end, I was given about 1 week of notice that the school made a contract with a new after school company and that I was out of a job.
My question is, what am I owed here? I believe I am owed at least 30 days pay (in lieu of not receiving 30 days notice). Am I also owed all salary until the end of my contract? They did not fire me for cause and I was never given an oral or written warning notice once about anything regarding my performance for my nearly 2 years there. Can anyone help me out? Can they just let me go with no cause and only have to give or pay 30 days notice? --there is no provision within the contract that allows them to let me go with no cause. |
|
| Back to top |
|
 |
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Tue May 08, 2012 10:53 pm Post subject: |
|
|
| Quote: |
| My question is, what am I owed here? I believe I am owed at least 30 days pay (in lieu of not receiving 30 days notice). |
In my case, they gave me 2 weeks to stay in the apartment and find another school. They also made some other agreements which allowed me to find other work. So, I didn't fight it.
However, if you are staying in Korea, then I would definitely fight it. Make sure you get paid for your other months though. You can take legal action after. If they know you will fight it now, then they might not give you your second to last payment owed. That's they way they do things.
| Quote: |
| Am I also owed all salary until the end of my contract? |
No, that is why you have a strong case to get the 1 month salary for not giving you notice. There should be a 30 day clause for both employer and employee in the contract.
Also, find out if they have been contributing to your pension. If not you will need to back pay, but that's a lot of money for 2 years so it's worth it to get them to pay up. You would pay 4.5% and so would they. At a 2.1 salary, that's almost $2,000.
It would be funny if they didn't and then they find out that they not only owe you a month because they didn't give notice, but they owe almost another month because they didn't contribute money to pension. Definitely an easy win for you and a surprise for them. Collecting on that win might be another story.
On a legal note, make sure to get your notice of termination in writing as early as you can. Otherwise, they might balk and make you work that month.
Last edited by YTMND on Tue May 08, 2012 11:15 pm; edited 3 times in total |
|
| Back to top |
|
|
big_fella1
Joined: 08 Dec 2005
|
| Posted: Tue May 08, 2012 11:03 pm Post subject: |
|
|
Are you sure your contract is with the school, signed or stamped by the principal of the school. It would be highly irregular for your contract to be with the school. It is more likely that the English company (recruiter) has written the schools name on the contract and signed/stamped it on behalf of the school.
If you contract is with the school then you need to get 30 days notice or payment in lieu. You could be entitled to be paid out the rest of the contract but that would require a large fight through the labor board and you may not win as you would need to confirm that you are an employee, as many hagwons claim that we're independent contractors. Then you would need to demonstrate your dismissal was unreasonable. The complexity of a public school and 2 different recruiters could make this difficult.
If your contract is in fact with the recruiter they may be able to dismiss you with no notice if they lost the contract with no notice, as there isn't a job anymore.
Some after school programs don't pay tax so a request to receive your entitlements or you will visit the tax office is likely to be a useful threat once reason fails. The tax office loves it when you bring them evidence of tax evasion as it makes their job much easier.
The best thing to do is seek advice, I believe there's a thread how to hammer your hagwon boss, you may want to contact people named there.
Good luck |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Tue May 08, 2012 11:09 pm Post subject: |
|
|
| Quote: |
| It would be highly irregular for your contract to be with the school. |
I never saw that in Korea. When I did an afterschool position, I sat down with the vice-principal and we put 2 contracts side by side. We turned them so one was above the other (on the table facing down). Then we signed it with the top of our signatures on one end of the contract and the bottom on the other.
It was definitely not with the recruiter, and I never signed or was given a contract from a recruiter where they were my employer in Korea. In China, they do that all the time. Are they now doing that in Korea? |
|
| Back to top |
|
|
r.
Joined: 06 May 2006
|
| Posted: Tue May 08, 2012 11:55 pm Post subject: |
|
|
| big_fella1 wrote: |
Are you sure your contract is with the school, signed or stamped by the principal of the school. It would be highly irregular for your contract to be with the school. It is more likely that the English company (recruiter) has written the schools name on the contract and signed/stamped it on behalf of the school.
If you contract is with the school then you need to get 30 days notice or payment in lieu. You could be entitled to be paid out the rest of the contract but that would require a large fight through the labor board and you may not win as you would need to confirm that you are an employee, as many hagwons claim that we're independent contractors. Then you would need to demonstrate your dismissal was unreasonable. The complexity of a public school and 2 different recruiters could make this difficult.
If your contract is in fact with the recruiter they may be able to dismiss you with no notice if they lost the contract with no notice, as there isn't a job anymore.
Some after school programs don't pay tax so a request to receive your entitlements or you will visit the tax office is likely to be a useful threat once reason fails. The tax office loves it when you bring them evidence of tax evasion as it makes their job much easier.
The best thing to do is seek advice, I believe there's a thread how to hammer your hagwon boss, you may want to contact people named there.
Good luck |
My contract is definitely with the school's name on it, but the English company definitely wrote the contract and who knows maybe forged the school's signature, too. But for labor board purposes, it is definitely the school on the contract.
And I don't know what more I can do to show it is an unreasonable dismissal other than stating that I have never received any written warnings for anything (required for dismissal except in cases like child abuse or something). |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Wed May 09, 2012 2:03 am Post subject: |
|
|
| Quote: |
| unreasonable dismissal |
You don't seem to understand how things work here. Everyone has the ability to end the contract.
YOU DO NOT GET TO PLAY DICTATOR AND FORCE A SCHOOL TO EMPLOY YOU FOR A YEAR.
So, 30 day notice, you are out. Collect on your 30 days. Be gone if you don't like it. Stay if you don't mind. |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
