Korean Job Discussion Forums

[delirium]

Please help!

I have worked for Avalon Jeonju for a little over a year. In March, I discovered that I need a minor surgery. (I have a cyst on my left ovary...sorry, boys!). I was supposed to have the procedure done in April, but it was pushed back. My director allowed me to extend part time through the summer to have this taken care of. I was just offered a really great position with better pay and 18 vacation days.(Beginning in September, so it would not interfere with this semester.) I was supposed to go in this week to sign the contract. I received a call from my recruiter today telling me that the new school called my director for references and she told them I was really sick. Apparently, she made it sound like I missed work. I have never missed a single class, and in fact had to cover a lot of extra classes last semester because she fired a co-worker. I explained the situation to my recruiter, and he will speak to the new school.

Is there anything that can be done about a director lying about job performance and missed time? I even gave up a (paid!) vacation to Cambodia when this started because I didn't want to miss too much time and cause my friends to have to cover for me.

Thanks for any help and advice!

[ttompatz]

IF you want to pursue it you can file a claim at the labor board for a violation of article 40 of the labor standards act.

Otherwise... try to fix things with the new employer or move on and try again.

.

[delirium]

[delirium]

And I apologize in advance if there is a copy of Labor Protections on Dave's. I'm not sure where it might be.

[Troglodyte]

It's Article 39.

http://wiki.galbijim.com/Labor_Standards_Act#Article_39_.28Prohibition_of_Interference_with_Employment.29

You're correct in that it's pretty much to prevent defamation. This doesn't just apply to foreigners. It's for all workers in Korea.

Most good jobs are going to ask for a reference. If you can't give one, or if your current employer is giving a bad reference, then you're going to lose out on some good jobs. Tell the labor board about it. With two strikes, they're much more likely to settle down and behave themselves. If you want to test it out, have a Korean friend call them up and pretend to be a prospective employer. See what they actually say about you. Better yet, have your friend record the conversation.

[ttompatz]

www.moel.go.kr/english/download_eng.jsp?type=&file=(31)LABORSTANDARDSACT_2011.pdf

Straight from the horse.

Article 39 (Certificate of Employment)
(1) If a worker makes a request to issue a certificate
specifying term of employment, job specification, title and wages
or other necessary information even after the retirement of the
worker, the employer shall immediately prepare and issue the
factually correct certificate.

(2) The certificate referred to in paragraph (1) shall only
contain the items that the worker concerned has requested.

Article 40 (Prohibition of Interference with Employment)
No one shall prepare and use secret signs or lists, or have
communication for the purpose of interfering with employment
of a worker.

galbijim is using the (outdated) 2003 version of the act.
That particular version is also posted in the sticky threads at the top of this forum.

The Ministry of Employment and Labor version is correct as of Oct. 2011.
http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards

.

[Troglodyte]

My bad. I should have gone with an original source.

[delirium]

Thank you both so very much for your help!

[PigeonFart]

In relation to article 40...

Article 40 (Prohibition of Interference with Employment)
No one shall prepare and use secret signs or lists, or have
communication for the purpose of interfering with employment
of a worker

Does a principal violate article 40 if he/she simply gives a bad reference? Or would the principal have to tell lies, or imply something that isn't true for it to be a violation? Such things would seem to be quite subjective and hard to verify.

[ttompatz]

[Emark]

Not sure if this will help, I have to look at the documents myself, but here is a site with very recent Korean Labor Standards documents.
http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=KOR&p_classification=01.02&p_origin=SUBJECT

It would be nice to find some documents on line that discuss previous cases and how they were fought, won, or lost. Search and ye may find ...

I think it's difficult to get a judgement in your favor. I doubt even further that the police would step in and the courts would levy a fine or penalty in a case like this. If there are any people that can give first hand account to the contrary, I (and so many others) would love to see it.

It is definitely worth while reporting this. Perhaps the slap on the wrist your boss gets will prevent the same activity to another teacher in the future.

[delirium]

I just wanted to update: I received a text message yesterday from the new school, and they want me to come and mock teach a 30 to 40 minute lesson plan next Tuesday. It looks like my director hasn't completely knocked me out.

With that said, I'm doing my best to avoid her for the time being. I'm still angry about her interference and disclosing (and exaggerating) my personal health issue.

I do think you all for your help!