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Notice pay dispute

 
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K-monster



Joined: 20 Aug 2012

PostPosted: Sun Nov 04, 2012 1:54 am    Post subject: Notice pay dispute Reply with quote

My last contract was due to end on September 21. However, on August 23 my ex-(hagwon) boss dropped the bombshell on me that the next day would be my last and I would have to move out of my apartment in a week's time. She didn't want me starting the new term and thought I had been told about the situation already.

I pointed out that under Korea Labor Standards Act, she had to give me 30 days written notice. Up until then, we'd had a good relationship/no problems and she assured me that she would pay me everything I was owed. Stupidly, and somewhat naively, I believed her. I left without fuss (I had something in the pipeline anyway, and I she'd given me her word that I'd be paid for the last month/severance+benefits).

Oh how wrong I was.

It took me more than a month to get me severance pay, flight money and vacation pay off her - she claimed I hadn't completed the contract - and now, she's refusing to pay my 30 days notice. Oh, and my last paycheck was 500,000 won short - no explanation has been forthcoming/no pay stubs.

She called my recruiter and tried to get them to convince me to drop my claim, but given her attitude, I really don't want to. She seems to think it's ok to give teachers one day's notice because it suits her. She told the recruiter she'd paid me my severance etc. as a goodwill gesture, even though she was legally obligated to pay me as August 23 plus 30 days notice meant my contract was completed. It's like she is totally blind to the whole notice period thing.

I now want to make a complaint to the Labor Board.

Does any one have experience of going to the Labor Board with a notice pay dispute? How seriously do they take it? Or am I just wasting my time? How long do cases usually take to get settled? and, can I go to any Labor Board or does it have to be the one closest to my old hagwon?

Also, the woman is obviously a fairly archetypal greedy, unscrupulous operator, and I would like any prospective employees to be made aware of her. However, the school is fairly new with only a small number of foreign staff, so any negative posts can easily be linked back to me. I'm aware that Korean defamation laws are quite strict. What are the chances of being sued?
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sun Nov 04, 2012 2:23 am    Post subject: Reply with quote

Quote:
It took me more than a month to get me severance pay, flight money and vacation pay off her - she claimed I hadn't completed the contract - and now, she's refusing to pay my 30 days notice.


Well, I think the time to behave according to the 30 day notice rule has come and gone.

If I read this correctly, you worked 11 months, paid 12 (1 being severance), and you are into or completed your first month already with a second school?

It's hard to see the problem because you got another job as you noted. If you started the job after September 21, then maybe you have a case.
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newb



Joined: 27 Aug 2012
Location: Korea

PostPosted: Sun Nov 04, 2012 2:25 am    Post subject: Reply with quote

Did you get a written notice?

If not, you may have a little difficulty making a labor board claim. It's her word against yours. With that said, it never hurts to try.

Take a Korean speaking friend when you make the labor claim. It's very easy to make your claim. It causes lots of headache for your boss more than anything else.
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EZE



Joined: 05 May 2012

PostPosted: Wed Nov 07, 2012 6:14 pm    Post subject: Re: Notice pay dispute Reply with quote

K-monster wrote:
I would like any prospective employees to be made aware of her. However, the school is fairly new with only a small number of foreign staff, so any negative posts can easily be linked back to me. I'm aware that Korean defamation laws are quite strict. What are the chances of being sued?


I've done it before and wasn't sued. However, I was detained at Incheon Airport because my former boss at Wonderland Anyang said I violated Korean law by not paying unemployment, which apparently isn't even illegal for an E-2 visa holder.

I wasn't detained very long, but it just goes to show if your former boss wants to blame you for crimes or non-crimes, you can be detained by government agents. You're foreign and if a Korean says you're guilty, even of a non-crime, you'll likely be detained until the Korean government agents can't figure out what the penalty is for a non-crime and end up releasing you.
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