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isisaredead
Joined: 18 May 2010
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 Posted: Wed Apr 17, 2013 8:27 pm Post subject: Need legal advice on three seperate issues |
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I'll keep it brief:
1. A month after I started this job with this hagwon, my boss asked me to work two days a week at another hagwon of the same chain. I had done this before, so I agreed - all the while waiting for the appropriate immigration documents to sign, and have my ARC updated.
That never happened, and the other academy is a nightmare. What are my options?
2. My contract states that I am to have five days in winter and five days in summer as vacation. It specifically states that red days and weekends are not to be counted. I never got a single day off for winter vacation, and when asked, my boss said he didn't have to give me any vacation. He claimed he didn't have to give me the election day we had in December (I think?), and that they acts as a holiday. He also claimed that we had too many red days during the winter.
My recruiter is acting like she has no idea what's going on, and is absolutely no help. But that's fine, because she's a liar and a cheat anyway. Any ideas what I can do?
3. Nowhere in my contract does it say that I'm an independent contractor or any such rubbish. It specifically says that I am an employee, yet I am not getting pension taken out of my pay, nor am I paying it.
I know the pension issue got a bit hazy recently with some new rules, but my boss claims he has never, ever paid the pension to his employees. What can I do?
This job has been a nightmare since day one, and I hate it. My boss, co-workers and recruiter are all the most manipulative morons I've ever come across. Do I have anything at all I can go to the labour board or immigration with, and get a change to a D10 visa?
I'm pretty tolerant, and I also really need this job, so I haven't done anything about it so far. But I'm at my end. This is really affecting me. |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Wed Apr 17, 2013 9:07 pm Post subject: |
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| Looks like you have enough to make a complaint with the labor board. The election day, however, is not a "red" day and companies have the option to have the day off or continue working. Save your money for the pension back payments for your part also. |
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Wildbore
Joined: 17 Jun 2009
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| Posted: Wed Apr 17, 2013 10:18 pm Post subject: |
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What is the labor dispute? Pay is on time, right? Labor board won't help him with anything.
You can make a complaint at the immigration and pension office, because it appears he is violating some laws there. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Wed Apr 17, 2013 11:44 pm Post subject: Re: Need legal advice on three seperate issues |
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| Quote: |
I'll keep it brief:
1. A month after I started this job with this hagwon, my boss asked me to work two days a week at another hagwon of the same chain. I had done this before, so I agreed - all the while waiting for the appropriate immigration documents to sign, and have my ARC updated.
That never happened, and the other academy is a nightmare. What are my options? |
Well, the school might have done the paperwork without you. Still give immigration a call and find out where you are registered. Honestly I do not thing the ARC needs to be updated, just your immi file.
| Quote: |
| 2. My contract states that I am to have five days in winter and five days in summer as vacation. It specifically states that red days and weekends are not to be counted. I never got a single day off for winter vacation, and when asked, my boss said he didn't have to give me any vacation. He claimed he didn't have to give me the election day we had in December (I think?), and that they acts as a holiday. He also claimed that we had too many red days during the winter. |
You should get your vacation time, problem is with recent changes at public schools and the nature of hagwons, giving those days off is hard.
As to election, sorry unless you are a citizen why would you get it off. It is not a red day.
| Quote: |
| My recruiter is acting like she has no idea what's going on, and is absolutely no help. But that's fine, because she's a liar and a cheat anyway. Any ideas what I can do? |
Sorry I am going to be rude. Well Duhhhh! She is not your recruiter, she was the schools recruiter. Once she has placed you and waited the request time to be paid by the school, you were not her problem anymore.
| Quote: |
3. Nowhere in my contract does it say that I'm an independent contractor or any such rubbish. It specifically says that I am an employee, yet I am not getting pension taken out of my pay, nor am I paying it.
I know the pension issue got a bit hazy recently with some new rules, but my boss claims he has never, ever paid the pension to his employees. What can I do? |
Well with pension, questions like health insurance, tax rate and that have to be answered. You could get the ball rolling by informing the pension office.
Some schools will not out right say a person is a IC. Also sometimes schools are clueless of certain regulations and rules.
| Quote: |
| This job has been a nightmare since day one, and I hate it. My boss, co-workers and recruiter are all the most manipulative morons I've ever come across. Do I have anything at all I can go to the labour board or immigration with, and get a change to a D10 visa? |
I'm pretty tolerant, and I also really need this job, so I haven't done anything about it so far. But I'm at my end. This is really affecting me.[/quote]
I do not see a lot of ammo in which to go to the labor board. You can try and make a case but it will take effort on your part.
Good Luck |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Thu Apr 18, 2013 12:20 am Post subject: Re: Need legal advice on three seperate issues |
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| isisaredead wrote: |
I'll keep it brief:
1. A month after I started this job with this hagwon, my boss asked me to work two days a week at another hagwon of the same chain. I had done this before, so I agreed - all the while waiting for the appropriate immigration documents to sign, and have my ARC updated. |
Take this up with immigration, but I've heard stories wear both the employee and employer were fined if it wasn't done legally.
| isisaredead wrote: |
2. My contract states that I am to have five days in winter and five days in summer as vacation. It specifically states that red days and weekends are not to be counted. I never got a single day off for winter vacation, and when asked, my boss said he didn't have to give me any vacation. He claimed he didn't have to give me the election day we had in December (I think?), and that they acts as a holiday. He also claimed that we had too many red days during the winter.
My recruiter is acting like she has no idea what's going on, and is absolutely no help. But that's fine, because she's a liar and a cheat anyway. Any ideas what I can do? |
I'm sure this is enough to go the labor board. It can't hurt to file a complaint. Why let them get away with not giving you time off? Are they giving you enough break time as well? I knew someone who worked at my old school and they were giving her only 10 minutes to eat lunch with no breaks in between classes and she was working 9:30-6:30. They also wouldn't give her time off and said they would just let her go home earlier. If they were going to do that in the first place then they shouldn't offer something different in the contract.
| isisaredead wrote: |
3. Nowhere in my contract does it say that I'm an independent contractor or any such rubbish. It specifically says that I am an employee, yet I am not getting pension taken out of my pay, nor am I paying it.
I know the pension issue got a bit hazy recently with some new rules, but my boss claims he has never, ever paid the pension to his employees. What can I do? |
I thought the labor board would help you with this too,but I guess the pension office does? Get the ball rolling on that, you don't want to have to pay a huge lump sum back payment later on.
| isisaredead wrote: |
| This job has been a nightmare since day one, and I hate it. My boss, co-workers and recruiter are all the most manipulative morons I've ever come across. Do I have anything at all I can go to the labour board or immigration with, and get a change to a D10 visa? |
Still I think so, they are cheating you out of a lot of things that were stated in the contract and setting you up to have problems in the future if you are staying in Korea longer. |
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tardisrider
Joined: 13 Mar 2003
Location: Seoul
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| Posted: Thu Apr 18, 2013 8:19 am Post subject: Re: Need legal advice on three seperate issues |
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| isisaredead wrote: |
My recruiter is acting like she has no idea what's going on, and is absolutely no help. But that's fine, because she's a liar and a cheat anyway. Any ideas what I can do?
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In all likelihood, your recruiter actually has no idea what is going on. Furthermore, she doesn't care and she shouldn't care. It has nothing to do with her job. The only thing a recruiter does is find employees for schools.
Complaining to a recruiter is like complaining about a bad restaurant experience to the truck driver who delivered the meat to the kitchen. |
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