| View previous topic :: View next topic |
| Author |
Message |
TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
|
 Posted: Sun Aug 12, 2012 4:20 am Post subject: |
 |
|
]
| iggyb wrote: |
| I could be wrong, but I believe he has to give you a LOR if he is voiding your contract by firing you. Has to legally, that is... |
You are wrong. There is NO legal obligation to provide a LOR.
All the documents that Labor Law provides for in this case is a written dismisal (see Article 27) and a Certificate of Employment (see Article 39) |
|
| Back to top |
|
 |
Bollocks
Joined: 12 Feb 2009
|
| Posted: Sun Aug 12, 2012 4:50 am Post subject: |
|
|
| Hence I refrain from telling him where he can stick his daily reports, and smile nicely and thank him for the chance to work there. |
|
| Back to top |
|
|
iggyb
Joined: 29 Oct 2003
|
| Posted: Sun Aug 12, 2012 9:02 am Post subject: |
|
|
http://www.korea4expats.com/article-unfair%20dismissal-letter-of-release.html
| Quote: |
| Also, should your employer refuse to give you either a Letter of Termination or Letter of Release, you can advise the Ministry of Employment and Labor. The MOEL does not look favourably upon employers who do not provide the letters. This can be helpful if you are pursuing an Unfair Dismissal claim. |
So, like with calls from the Labor Board, contacting the ministry might get the LOR for a person... |
|
| Back to top |
|
|
TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
|
| Posted: Sun Aug 12, 2012 5:40 pm Post subject: |
|
|
| iggyb wrote: |
http://www.korea4expats.com/article-unfair%20dismissal-letter-of-release.html
| Quote: |
| Also, should your employer refuse to give you either a Letter of Termination or Letter of Release, you can advise the Ministry of Employment and Labor. The MOEL does not look favourably upon employers who do not provide the letters. This can be helpful if you are pursuing an Unfair Dismissal claim. |
So, like with calls from the Labor Board, contacting the ministry might get the LOR for a person... |
The Letter of Termination yes...because it is a legal requirement.
The Letter of Termination is NOT the same as the Letter of Release.
| Quote: |
Letter of Termination and Letter of Release
If your contract is terminated early, your employment is required by law to give you a Letter of Termination in which the reason the employment contract was terminated is clearly stated.
Immigration also requires that you obtain a Letter of Release from your employer before you can begin a new position (or get another visa). Best to ask your employer for the Letter of Release when you receive the Letter of Termination. |
The LOT is the written dismissal which I mentioned above and your employer is required by law to provide one.
The LOR on the other hand is NOT a legal requirement and as seen above in the section I quoted from your link is a different document altogether. |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Sun Aug 12, 2012 6:37 pm Post subject: |
|
|
| Maybe it works the other way around. It might be true that you need a letter of release even if there is a letter of termination, but is it possible to use a letter of release as a letter of termination? |
|
| Back to top |
|
|
Joe Boxer
Joined: 25 Dec 2007
Location: Bundang, South Korea
|
| Posted: Sun Aug 12, 2012 7:28 pm Post subject: |
|
|
| OP, he's not going to simply give you a letter of termination. He'll make you sign something that says you are agreeing to leave. |
|
| Back to top |
|
|
iggyb
Joined: 29 Oct 2003
|
| Posted: Sun Aug 12, 2012 7:37 pm Post subject: |
|
|
The key sentences in what I quoted and wrote:
| Quote: |
| The MOEL does not look favourably upon employers who do not provide the letters. |
| Quote: |
| So, like with calls from the Labor Board, contacting the ministry might get the LOR for a person... |
The link did not say the LOR had to be given by law nor did I offer it as such.
The link and what I quoted did say the Ministry of Labor is someone to contact if a LOR is refused. |
|
| Back to top |
|
|
luckylady
Joined: 30 Jan 2012
Location: u.s. of occupied territories
|
| Posted: Sun Aug 12, 2012 7:48 pm Post subject: |
|
|
oh jees people
an LOR is when both sides agree to end the contract early - maybe the teacher wants to move and change jobs, the director agrees, whatever. they part ways, the LOR allows the teacher to go to the other job
a ltr of termination is regarding the fact the teacher's job has ended, period. it's simply in writing by the school that the teacher no longer works there as of such and such date. visa to be canceled. perhaps so a teacher can't just walk into an immi office and say their job is over please cancel my visa I want to get another job elsewhere. they have to have proof.
it's my understanding if someone from the school accompanies the teacher to immigration to cancel the visa the ltr is unnecessary but probably there will still be something to sign in front of kimmi. |
|
| Back to top |
|
|
Weigookin74
Joined: 26 Oct 2009
|
| Posted: Sun Aug 12, 2012 8:43 pm Post subject: |
|
|
"Also I expressed some concern that the school has middleschool classes that end at 10:15pm, which is after 10:00pm, which is illegal. I mentioned this to the recruiter in July and they haven't responded to my messages since. "
Bet that's numero uno reason for being dismissed..... |
|
| Back to top |
|
|
TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
|
| Posted: Sun Aug 12, 2012 9:44 pm Post subject: |
|
|
| YTMND wrote: |
| Maybe it works the other way around. It might be true that you need a letter of release even if there is a letter of termination, but is it possible to use a letter of release as a letter of termination? |
Well a LOT is a legal requirement(as per the Labor Laws) so it would probably best to have that in hand.
I should think Immigration would want to sign off on the actual document rather than some kind of substitute.
Your point does sound logical...but then again logic is not a strong suit of most government services...anywhere. |
|
| Back to top |
|
|
ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
|
| Posted: Mon Aug 13, 2012 7:44 am Post subject: |
|
|
| Bollocks wrote: |
| Also I expressed some concern that the school has middleschool classes that end at 10:15pm, which is after 10:00pm, which is illegal. I mentioned this to the recruiter in July and they haven't responded to my messages since. |
This may well be the rule where you work, but this is not universal throughout Korea. Many parts of Korea allow schools to remain open until 11pm or midnight. Some have different times by which students must be dismissed based on the age or school level of the students. |
|
| Back to top |
|
|
Bollocks
Joined: 12 Feb 2009
|
| Posted: Mon Aug 13, 2012 9:31 am Post subject: |
|
|
The director failed to report the previous foreign teachers migration to another job. Consequently, the ministry of education sent a pair of investigators to check out the school.
On that day, the Korean teachers went about the school in a hurried manner and took down the old class schedules and posted in their place a new class schedule which depicted classes as ending at 10:00pm. Their stated reason for doing so was that their operations were illegal and that they were not authorized to hold classes after 10:00pm.
Therefore I conclude they they are not one of the schools which is authorized to hold classes after 10:00pm.
But this is uninteresting. My school is operated by criminals. So what? Can I legally refute their claim to my plane ticket? My contract says otherwise.
They promise to give a LoR, and I have contacted other schools and recruiters for employment.
Are there ways for me to extract money from them without jeopardizing my LoR? |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Mon Aug 13, 2012 11:15 am Post subject: |
|
|
| Quote: |
| Are there ways for me to extract money from them without jeopardizing my LoR? |
A LOR is not 100% necessary, but it does make things easier. I think I asked and haven't seen an answer yet to the following question. Have they already paid your airfare? It sounds like they have.
So, if you want to take action, my argument would be that they didn't pay all your salary. I think it is easier to collect on that premise than saying they didn't reimburse your airfare.
You argue:
1) You were already paid for airfare, show a bank statement to indicate the amount.
2) You were not paid fully for your salary, show a bank statement to indicate the amount.
3) Cross your fingers and hope Labor Board sees in your favor. |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Mon Aug 13, 2012 11:39 am Post subject: |
|
|
| Bollocks wrote: |
| There never were smells? Or you never noticed smells? |
Sorry for answering late. The washing machine was faulty and probably old, so there was a smell, but it wasn't due to any smell of food in the clothes. Unless you eat fish every day, I would think that wouldn't be an issue.
Right now, I live in an officetel like apartment in China. It's about 1.5 times the size as the officetel I had in Bucheon. Besides having 2 bathrooms, a taller loft area where I don't have to crawl, and the exact location of the rooms it's an exact replica. It's square and boxy shaped, as opposed to the long one floor apartment villa style places. You can touch the kitchen ceiling with your fingers. It would not make sense to hang your clothes anywhere near the kitchen. You get those A shaped hanger sets and place them near a window.
There is a vent area in case you are grilling, maybe that is something you experiencing. Is the smoke getting into the clothes? |
|
| Back to top |
|
|
Bollocks
Joined: 12 Feb 2009
|
| Posted: Fri Aug 17, 2012 4:58 pm Post subject: |
|
|
Other than here, and craigslist, where else are teaching jobs posted? I have two weeks before this job ends. Realistically, I have one week before I have to decide whether to stay or go. There should be more resources available in Korea than outside of it.
Where is the best place to look locally for job openings? |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
