Korean Job Discussion Forums

[Joe Boxer]

In another thread, I claimed that it is possible for E2 visa holders, with less than six months under their belt, to sue for wrongful dismissal if they can prove that there was no just cause for the firing.

Others cut-and-pasted Labor Law articles that said that the employer does not have to give 30 days' notice, nor 30 days' pay to an employee if the employee had worked for less than six months.

Yes, that is true. BUT, the employer must still have just cause for firing an employee.

Below are links to two cases.

In the first case, an English language instructor had signed two contracts: a 3-week temporary contract, and a 1-year contract. After the temporary term was completed, the employer did not want the teacher to work at the institute for the 1-year term.

In the second case, a teacher arrived on an E2 visa, but was fired for not passing the training course.

One case is a win, the other a loss. Both are examples of an employee with less than six months' employment bringing termination lawsuits against their employers.

1) A Question of Dismissal or Voluntary Resignation, and an Order for Financial Compensation (중노위 2010부해122) http://www.scribd.com/doc/103336928/20100506A-Question-of-Dismissal-or-Voluntary-Resignation-and-an-Order-for-Financial-Compensation?secret_password=2bzw78qbudr7727jklti

2) Disappointing Decision on the Dismissal of a Foreign Teacher (충남2009부해350)
http://www.scribd.com/doc/103336849/20100105-Disappointing-Decision-on-the-Dismissal-of-a-Foreign-Teacher?secret_password=29yfhchkptjc7t0d668g

* I decided to start a new thread as the other thread had become too convoluted.

EDIT: "Who do I approach next /complaints against teacher/school"
http://forums.eslcafe.com/korea/viewtopic.php?t=222354&postdays=0&postorder=asc&start=0

[YTMND]

You are bringing up oddball scenarios to try to prove the normal situations people face.

1) In the first one, people normally don't sign 2 contracts with one of them only being 3 weeks. My comments and I am sure those of other posters were meant in the context of yearly contract signers.

2) In the second, it clearly states, "an employee was unable to receive legal remedy."

Later, it states, "The Labor Relations Commission determined this dismissal to be justifiable because the employee did not complete the training course successfully, which was the condition for the employment contract to come into effect."

I have heard about grasping for straws, but I don't see how you would want to stick around in Korea and sue based on the above 2 cases.

Try to find 1 case where:

1) The teacher is on an E2 visa
2) The teacher signs a 1 year contract
3) The school pays 100% owed
4) The teacher is given a notice of termination
5) The teacher sues and wins for extra money

[Joe Boxer]

A foreign teacher with less than six months employment can sue for wrongful dismissal, if there is just cause.

I've provided two cases that show that. One teacher had an E2 visa, and one hadn't even received it yet.

Remember the point is that fired teachers can contact a labor lawyer, see if they have a case, and FIGHT.

Up until now, many teachers on this board had been told that they can be fired for any reason if they have been working for less than six months.

It's simply not true.

[viciousdinosaur]

Exception, not the rule.

It's like telling people they have a 1% chance of survival. That faint hope keeps people doing from what they should really be doing, preparing for death.

[YTMND]

[YTMND]

For anyone else reading this or newcomers, here is the key point in the case the teacher won:

"Accordingly, the Commission ruled that this was an unfair dismissal as the Employer did not comply with necessary procedures for dismissal (i.e., written notification)."

1. Joe Boxer is claiming you can sue for lack of "just cause"
2. What he missed was that this person was never dismissed (the employer never went to immigration to report the teacher not working, therefore they were owed wages), so establishing just cause is not an issue here, and interestingly enough neither the Seoul Labor Commission or National Labor Relations Commission showed any problems with the school's "just cause" claim that the teacher was not qualified. It was simply swept under the rug just as Joe Boxer has done in his initial post. What happened to the just cause claim Joe Boxer?

This teacher won because the employer didn't fire the teacher (they were probably working illegally) and did not give a notice of termination, and they only won on a technicality, not because the employer fired the teacher by giving a notice of termination and not supplying just cause. This is what Joe Boxer was arguing in another thread.

So close, yet, still so far away. Put another quarter in, try again.

[plchron]

Sometimes it isn't about the e-2 visa holder winning, it is about the boss losing. Losing time, losing face, being inconvenienced, etc. I'm with the OP. If you have the time and resources than go for it.

[YTMND]