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oliby
Joined: 28 Mar 2013
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 Posted: Sun Mar 31, 2013 2:28 am Post subject: Ah Hagwons...advice please!! |
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Hi guys and girls,
Long time lurker, first time poster. I've had a look around various FAQs/stickys etc, but can't find the necessary information, so I thought I'd post to get more direct responses to my specific case. Don't shoot me if I've missed it elsewhere  But thanks in advance for any help.
So, I'm a somewhat Korean vet now. On my 3rd school. And 1st two schools were fine. Hell, my 3rd/current was fine. For long enough.
Long enough. Now two issues have come up...
1. I'm almost 8 months in. And my incompetent owner/boss didn't realize you had to take out tax from my pay. Also, apparently there's a 80k Won maintenance fee on school accommodation. I'm aware of this before, but my first schools maxed out at 30k each. So, I was shocked to learn 80k. Now, she's missed both of these on first 6 months pay. Took both out of recent pay. And said from next month she'll take out the tax (I don't live in school apartment any more) and a 'catch up' payment of tax+80k times by 6 and divided by 5 (remaining months).
So...question/query #1. Can she do this?! Legally or otherwise. Speaking with friends and Korean GF (and her in turn her friends/her experiences), they think she made the mistake and cannot back-track it to me. Speaking with the English boss (who is almost as incompetent - the 'translator' in the Hagwon) he says she's adamant she can do this. She didn't know that she needs to take tax from employees but knows this.  Can I fight it at the labor board? Should I just suck it up? Advice needed.
2. On our weekly meeting last week the English boss said how speaking with owner/boss that she's 'concerned' of replacing the foreign teacher being replaced mid-semester. So, basically asked me to resign end of May. My contract is due to end August 5th. It's also the day after we're due to come back from summer vacation. We finish spring semester end of May, summer semester end of August. I said a few things in reply. One, it's the nature of foreign teacher contracts to be like this. Also, I replaced the previous foreign teacher mid-semester. Also, said I can't stay till end of summer semester cos of family issues I need to get home for. And, that the summer vacation is a good time to replace foreign teacher. Then the bell went and I had to go teach.
So...question/query #2. I know this is huge breach of contract. And (likely) huge BS cos she don't want to pay the severance and airfare etc (think she got shocked when her first foreign teacher left at end of her contract and how much money she owed her!! That was her first experience of end of foreign teacher contract and payment). And if she was to get rid of me would be the 'unfair' dismissal that labor board could deal with. That's "no problem". It's more with what I should do in the meantime. The English boss, only spoke with me for about 5 minutes 1-to-1 at the end of our meeting. I'm going to need a meeting with the two of them to sort out issue #1 next week (looking forward to it...NOT! ) and wonder what people think I should do about this? Should I be reserved? Should I say, "OK, if you're concerned, I'll go, but you have to pay me X amount of Won + flight"? Should I be even more forthright and mention the labor board? So, again, any advice needed would be beneficial.
I've got pretty good idea (cos reading various topics on here) what should do if she gets rid of me end of May without my consent because of being "concerned". But, what do you more vets (especially probably within bad Hagwon situations) think about it in the meantime? And, also with issue regarding missed payments.
Cheers guys and girls,
Happy Easter,
Oli |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sun Mar 31, 2013 3:40 am Post subject: |
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| So...question/query #1. Can she do this?! Legally or otherwise. Speaking with friends and Korean GF (and her in turn her friends/her experiences), they think she made the mistake and cannot back-track it to me. |
Her experiences have nothing to do with your situation. You owed it, you haven't paid it, so pay up.
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| Can I fight it at the labor board? Should I just suck it up? Advice needed. |
There is nothing to suck up, give back is more like it.
Look up "garnishing wages".
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| wonder what people think I should do about this? Should I be reserved? Should I say, "OK, if you're concerned, I'll go, but you have to pay me X amount of Won + flight"? Should I be even more forthright and mention the labor board? So, again, any advice needed would be beneficial. |
Both parties have "veto" power. My last school would have paid me for January and February holiday months. Instead, they let me go and I didn't get 2 months salary. I didn't like it either, but they have every right to give you legal notice and you get 1 more month of pay regardless if you work it or not.
Then, that's it. No severance, no airfare home, and no more pension contributions. I suggest waiting until it ends to collect on pension. That is extra money they owe and you can "garnish" their "wages/earnings" after you leave. I think you have up to 3 years, but don't wait that long.
Just make a happy transfer, "Ok, I will leave but I need your help to transfer to another school".
Then when you go to the next school, check with the pension office and if they didn't pay into that, then you can try to get that. That's easier money to collect on and will be at least 9/12 of your monthly salary (You said you worked 8 and if they give notice, that's 1 more month).
That's the best you can do. If you are really good, then play the "busy" game. Don't talk about quitting with them. Try to postpone every time they want to talk to you about this. See how many weeks or months you can get. The more months, the more money, and then it will look more like an 11th month firing.
That's a labor board issue, but probably won't happen. This school seems to be doing nothing wrong with letting you go to avoid expenses, and I don't see how it is really bad.
Good luck with a new school. Tell them in the meantime, "I am looking for a school to transfer to". That is if you want that.
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| if she gets rid of me end of May without my consent because of being "concerned". |
No one needs your consent. This is a 50/50 agreement and both of you have a right to back out (veto power). They don't own you like a slave, and you don't own them like they are an abusive husband you still want to stay married to. Both scenarios spell "GET OUT".
Capice? |
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Kepler
Joined: 24 Sep 2007
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| Posted: Sun Mar 31, 2013 5:34 am Post subject: |
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Read articles 30 and 32:
http://wiki.galbijim.com/Labor_Standards_Act
She must have justifiable reason to fire you and give you thirty days' notice. Obviously, if you agree to voluntarily resign as she wants you to do then these things don't apply. So it may be better to make clear that it's a firing. |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Sun Mar 31, 2013 7:01 am Post subject: Re: Ah Hagwons...advice please!! |
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| oliby wrote: |
So...question/query #1. Can she do this?! Legally or otherwise. Speaking with friends and Korean GF (and her in turn her friends/her experiences), they think she made the mistake and cannot back-track it to me.
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Don't you have to pay so much tax during your employment? Why wouldn't she be able to take it out and why shouldn't she?
What the Hogwan has to do epends on what your contract stipulates. Although I believe they at least have to give you one months notice before releasing you. |
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EZE
Joined: 05 May 2012
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| Posted: Sun Mar 31, 2013 7:26 am Post subject: |
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| If the OP chooses to go the "get fired" route, won't the boss probably withhold the letter of release, making it impossible to legally get a new job until the current work visa expires? |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon Apr 01, 2013 2:26 am Post subject: |
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| Quote: |
| She must have justifiable reason to fire you and give you thirty days' notice. Obviously, if you agree to voluntarily resign as she wants you to do then these things don't apply. So it may be better to make clear that it's a firing. |
1. She can make up something and use that as a reason. It's not easy to get out of a 30 day notice and I can't understand why someone would want to work for an employer who wants to fire them. Work a transfer out amicably. It doesn't matter if it says you were fired or if you left. This isn't the 11th month.
2. Resigning usually is the way to go. It's a saving face thing. In exchange you get this release letter and in my experiences, I have been paid in full before leaving.
3. I think it is best to make clear the agreement, you leave and that's it. Just 1 more month of pay. Try to get some more time by requesting to find a place to go to. Then when you get a place, try to negotiate letting them stay in the apartment so you can move your stuff out. I got 2 weeks once. Wasn't paid, but I got 2 weeks added on and used that as a vacation period. Not too bad if you don't have to wait the year.
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| If the OP chooses to go the "get fired" route, won't the boss probably withhold the letter of release, making it impossible to legally get a new job until the current work visa expires? |
That's something you have to gauge. Again, if you work amicably with the school and have a new school go to, the old school is more likely to just sign off on a transfer sheet. Have the new recruiter fax them a sheet or email one all ready to go. By releasing you, they also free up responsibility over you. If they are saving money, that is a good indication they want you to go. This isn't like a teacher coming to a new school and wanting to leave 2 months into it. |
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