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Unpaid Final Salary

 
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s.tickbeat



Joined: 21 Feb 2010
Location: Gimhae

PostPosted: Thu Oct 25, 2012 2:45 am    Post subject: Unpaid Final Salary Reply with quote

So I posted a little while ago about being paid late and getting my release letter. I agreed to finish working for the month of September, with the obvious agreement that I would be paid my regular monthly salary for that month of work. I left my job on the most amicable of terms, even telling the students that I had to leave the country to take care of my sick father.

I was told I would be paid on October 1st, then October 5th, then the 20th, and so on.

Anyway, having not been paid, I went to the school on Tuesday night and told them straight-up that I'm going to the labor board tomorrow and they have until noon to pay up. They accepted it calmly and I went on my way, confident that they'd pay me.

Well, they didn't and I went to the labor board yesterday. The guy I was talking to called the school and spoke with the director. The director was really upset, I think he thought I was bluffing. Anyway, after they hung up the guy I was talking to told me that the director promised to pay my salary by October 31st. I told him that he has been promising for three weeks now. . . so we filed a complaint.

This morning, I got a text message:

귀하의 진정관 련 출석요구
일시: 11.01.13:30
고용 노동부 창원지청 근로 감독관 박상원

According to google, they want me to return to the labor office next Thursday for. . . something. I am gathering 'evidence' tomorrow (evidence, in this case, means updated bank passbooks and a copy of my release letter, proving that I worked and was unpaid).

The purpose of this post is twofold:

1) The labor board DOES take pay issues seriously. This is an easy, cut-and-dry case of the employer just *not* paying my salary, which is why things are moving so quickly. If you find yourself in this situation, you too can have it resolved!

2) What the hell can I expect at that meeting, and after?
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newb



Joined: 27 Aug 2012
Location: Korea

PostPosted: Thu Oct 25, 2012 5:09 am    Post subject: Reply with quote

With sufficient evidence you can expect your former boss to be charged and prosecuted unless he pays you your wages. I doubt it will go that far. Labor inspector will force him to pay for sure.
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s.tickbeat



Joined: 21 Feb 2010
Location: Gimhae

PostPosted: Thu Oct 25, 2012 5:32 am    Post subject: Reply with quote

What is sufficient evidence? I'm going to immigration on Friday to get copies of my signed contract and letter of release, and I'm updating my bank book things. That should pretty much cover it, I think. Am I missing anything?
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mnjetter



Joined: 21 Feb 2012
Location: Seoul, S. Korea

PostPosted: Thu Oct 25, 2012 6:23 am    Post subject: Reply with quote

I definitely assumed that the labor board takes stuff seriously. I parted amicably with my hagwon as well, and even gave verbal agreement to receive my severance pay within 30 days (instead of the standard 14) of leaving, just to be nice. 30 days passed, and nothing happened. I sent an email to my former boss, and she blamed Chuseok (the 30-day mark had passed during the holidays) and told me that I could expect it by that Friday afternoon. I told her that I understood and would check my balance over the weekend. Of course, the weekend finished and I still hadn't seen the payment, so I sent an email politely but firmly saying that I knew my rights and that I would take it to the labor board if I didn't see the money immediately. It was in my bank account the next day.
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newb



Joined: 27 Aug 2012
Location: Korea

PostPosted: Thu Oct 25, 2012 2:24 pm    Post subject: Reply with quote

s.tickbeat wrote:
What is sufficient evidence? I'm going to immigration on Friday to get copies of my signed contract and letter of release, and I'm updating my bank book things. That should pretty much cover it, I think. Am I missing anything?


I assume your former boss never issued pay statement. If so, he would be in violation of another labor code. I'm sure the labor inspector will order your boss to provide all the record (including pay statement), so three things you mentioned would be sufficient evidence. Relax and collect your money on Friday.
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s.tickbeat



Joined: 21 Feb 2010
Location: Gimhae

PostPosted: Thu Oct 25, 2012 6:03 pm    Post subject: Reply with quote

Hooray!
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CentralCali



Joined: 17 May 2007

PostPosted: Thu Oct 25, 2012 8:37 pm    Post subject: Reply with quote

Collect your money on Friday if the boss agrees to follow the advisory finding issued by the Labor Board. Otherwise, get your copy of said finding and take it to the court to sue the bum. Sadly, the Labor Board has no enforcement powers.
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newb



Joined: 27 Aug 2012
Location: Korea

PostPosted: Thu Oct 25, 2012 11:39 pm    Post subject: Reply with quote

CentralCali wrote:
Collect your money on Friday if the boss agrees to follow the advisory finding issued by the Labor Board. Otherwise, get your copy of said finding and take it to the court to sue the bum. Sadly, the Labor Board has no enforcement powers.


I don't know what you mean by no enforcement powers, but what I do know is that the labor board has the power to charge the op's boss and prosecute him criminally and slap him with a fine. The boss would then have a nice red mark in his criminal record.
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s.tickbeat



Joined: 21 Feb 2010
Location: Gimhae

PostPosted: Fri Oct 26, 2012 1:38 am    Post subject: Reply with quote

Yeah . . . he's already well overdue in paying my salary (due within 14 days of the final day of employment), so that's a 2 mil won fine. If he doesn't pay my salary that's a HUGE fine, 10 mil I think.

And if he acts in violation of a direct order to pay up, that's a criminal charge to boot.
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