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Possibly getting fired... legally or not???

 
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1stofthamonth



Joined: 11 Feb 2013

PostPosted: Fri Feb 22, 2013 8:33 am    Post subject: Possibly getting fired... legally or not??? Reply with quote

So my hagwon boss just told me that due to parent complaints and the possibility of many students leaving our school, I could be losing my job. She said she got the parents to wait two more weeks to see if they will change their mind about me but I doubt they will change their mind. I don't have a concrete answer for what the complaints are about but I certainly have not been a horrible teacher, and have not met any criteria of what my contract states is grounds for dismissal.

Anyway, I was told that if after two weeks the parents don't change their minds that I would have to leave the school and also pay back my airfare. Now, my contract says that the employer has to give me at least a month's notice for dismissal, and, it only says that I have to pay back the airfare if I leave the school within six months, not if I get fired (it's been 3 months). So, my question is whether my boss can actually do this to me legally?

Help me!
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Fri Feb 22, 2013 9:54 am    Post subject: Reply with quote

Make sure you get everything in writing/email. This will build your case against the school when you take them to labour. The school will have to give you 30 days notice (if you have completed over 3 months with the school).

You should get all complaints in writing. If the director wishes to speak with you, record the conversation and then save it with your computer. You can record conversations with these smart phones nowadays and are quite easy to setup. If you wish to share your views/opinions with the directors, write them up.

This is the best I can advise you regarding your matter. I am sure that Ttompatz is the best to provide further help.

The final question: have you witnessed a noticeable decline in your classes?
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Fri Feb 22, 2013 10:00 am    Post subject: Reply with quote

I would also check to see if your employer is contributing with Health Insurance and National Pension. If not, then you could make your employer's life pretty difficult. I am guessing that this would be the case.

Personally, you could use this against them.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri Feb 22, 2013 11:32 am    Post subject: Reply with quote

http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards

If you have been employed for less than 6 months (considered to be a "probationary employee" under labor law) or terminated for cause (as defined in labor law) then your employer does not have to give notice.

If there is a 6 month "airfare repayment clause" in your contract then at 3-4 months in you can expect the airfare to be taken from your pay.

MAKE DAMNED SURE you get a letter from your employer stipulating that your employment is terminated AND that you are free to seek other work.
(without it you will be headed for another country for 8 more months and need to get new documents from home).

.
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1stofthamonth



Joined: 11 Feb 2013

PostPosted: Sat Feb 23, 2013 3:28 am    Post subject: Reply with quote

@whistleblower Only a few students have actually left but supposedly as many as 15 are threatening to leave. I am going to ask for a meeting with these parents and my director. I'm not sure what the issue is, but I'm starting to think it could be related to race. Can you clarify what you meant about the Health Insurance and National Pension?

@ttompatz Are you saying that there is nothing I can do about my situation except get a letter a release letter???

thanks for the help...
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YTMND



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

PostPosted: Sat Feb 23, 2013 4:21 am    Post subject: Reply with quote

Quote:
supposedly as many as 15


How do you know it is 15? That is a veryhigh number. If you teach classes of 10 or more, then it's like losing 1 whole class or more of students.

Do you have an "accent" (One that would stand out too much)? How well do students treat you? You can gauge the truth more by what the students do.

My instincts tell me you are fine and this 15 figure is just to scare you so you will quit and then that will save face for them because THEY, not you, are losing money.

If they really felt you weren't doing well, they could have told you what to do. Did they do any of this with you?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Feb 23, 2013 4:30 am    Post subject: Reply with quote

1stofthamonth wrote:

@ttompatz Are you saying that there is nothing I can do about my situation except get a letter a release letter???


I strongly suggest you actually READ the labor standards act.

And, yes, as it stands there is probably NOTHING you can legally do about getting fired AND they are NOT obligated to give you a release should they decide not to.

You may want to negotiate a letter of release (LOR) in return for leaving quietly. It will enable you to transfer to a new employer rather than leave Korea until your old contract end date.

Otherwise, you could very well be quickly on your way to China (good news is that it is relatively easy to get a "Z" visa if you have 6 months or more remaining on your ARC), Thailand (plane tickets aren't that expensive and will be even cheaper after March 2), Taiwan (still lots of work in buxibans if you have the drive to work at them) or go home.

.
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Sat Feb 23, 2013 5:18 am    Post subject: Reply with quote

Health Insurance is a requirement for any E2 visa holders where the employer and employee contribute a small amount. National Pension is also a requirement for both parties to contribute and you could claim it back when you leave Korea (providing you are not from the UK).

Look at the Labor Standards Act and search for Health Insurance/National Pension contributions.

You need to look in your contract as well to find out what provisions are made for Health and Pension. Your employer could very well be pocketing your entitlement. Imagine you have an accident and you need hospital treatment, without National Health Insurance you will have to pay very expensive charges but with the aforementioned Insurance you will pay a cheaper amount. It is your right and your fight so best of luck.
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