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lhasa
Joined: 26 Jan 2008
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 Posted: Fri Jun 14, 2013 5:56 am Post subject: Ttompatz, please |
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Hi,
I'm in a little bit of a sticky situation and have 2 questions.
I'll be completing my 1 year contract at a hagwon next week and waiting for my last months salary, severance, and airfare.
My school was hoping that I would get on an airplane and they would wire/transfer severance to me in "a month" when I was back home. Given their history, I knew the money wouldn't come so I told them that I would stay in Korea until all payments were received. They are now angry and have told me to vacate my apartment on my final day and that they will pay my severance in 1 month due to "financial problems". I told them about the 2 week labour law and they didn't care.
My ARC has an expiry date on the back of July 19th. I'm pretty sure that means I can stay in Korea until that date.
Question:
Can the school do anything to change that date? In other words, can they contact immigration and cancel my visa which would shorten my legal stay in Korea? Should I check with immigration?
My plan as of now is to wait the 2 week period and then go to the Labour Board and hope that they can force the payment of severance asap along with the flight home (assuming I get paid my last months salary). If that's not possible, I guess I would need to change to a D10 in order to extend my stay and wait for the benefits.
Question:
Should my plan be rethought?
Thank you |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Jun 14, 2013 11:11 am Post subject: |
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1) No, they can't do anything to change your expiry date on your ARC.
2) Your plan is OK but I would suggest changing to a D10 right after your contract ends. That will effectively give you 3-6 months before you have to exit the country instead of 30 days (or less).
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri Jun 14, 2013 11:37 am Post subject: Re: Ttompatz, please |
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| lhasa wrote: |
Hi,
I'm in a little bit of a sticky situation and have 2 questions.
I'll be completing my 1 year contract at a hagwon next week and waiting for my last months salary, severance, and airfare.
My school was hoping that I would get on an airplane and they would wire/transfer severance to me in "a month" when I was back home. Given their history, I knew the money wouldn't come so I told them that I would stay in Korea until all payments were received. They are now angry and have told me to vacate my apartment on my final day and that they will pay my severance in 1 month due to "financial problems". I told them about the 2 week labour law and they didn't care.
My ARC has an expiry date on the back of July 19th. I'm pretty sure that means I can stay in Korea until that date.
Question:
Can the school do anything to change that date? In other words, can they contact immigration and cancel my visa which would shorten my legal stay in Korea? Should I check with immigration?
My plan as of now is to wait the 2 week period and then go to the Labour Board and hope that they can force the payment of severance asap along with the flight home (assuming I get paid my last months salary). If that's not possible, I guess I would need to change to a D10 in order to extend my stay and wait for the benefits.
Question:
Should my plan be rethought?
Thank you |
It is a good idea to stay in Korea until you get all of your amounts due. Any decent school would pay you everything on your last day of work, after you vacate your school provided housing. Switching to a D10 is also a good plan so that you have adequate time and you are free from your employer.
However, you should be sure to find a new place to stay while you are waiting for your money. You don't want the legal problems, or potential confrontation, that will compound your difficulties by staying after your contract expires and after you no longer entitled to be in your apartment. You should try to move out a day before your last day.
If they don't pay you on your last day, you should make sure they know that you are in town and waiting - the following day, week etc. You can file a claim immediately if two weeks go by without collecting your money. |
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lhasa
Joined: 26 Jan 2008
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| Posted: Fri Jun 14, 2013 12:50 pm Post subject: |
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Many thanks ttompatz.
Ontheway....
"You should try to move out a day before your last day."
....good advice....i had an odd feeling about that.
The school will not be paying my final salary on my last day. At best, it will be 5 days later.
Severance....30 days later....according to their itinerary....14 days according to the Labour Board |
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R. S. Refugee
Joined: 29 Sep 2004
Location: Shangra La, ROK
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| Posted: Tue Jun 18, 2013 4:24 am Post subject: Re: Ttompatz, please |
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| lhasa wrote: |
. . . and then go to the Labour Board and hope that they can force the payment of severance asap along with the flight home . . .
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My recollection from when I had to do this is that you have to wait until 14 days after your last day before you can file a complaint with the Labor Board. The Labor Board was then relatively quick about scheduling a hearing. At the hearing they listened to the dissembling Korean "Dean" dissembling and gave him a couple of weeks to get the severance paid.
However, as they told me then (a couple of years ago), they don't handle complaints about air fare not being paid. They said that for that, I would have to sue.
Haven't sued for that yet, but apparently you have 10 years to do so. Maybe later.
Good luck. |
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