Korean Job Discussion Forums

[ja2dared]

Hey all,
I need some help from you legal experts out there(or anyone that might of gone through this before)

I have 2 friends(married) that are coming up on their 6 month mark on teaching here in Korea. They found out a couple of months ago that they were expecting their first baby(due in late January)one month before the end of their contract. The school seemed to have no problem with the situation until last week when they said that they would both be let go at the end of the month.

Reasons given:
1. Being pregnant makes the school look bad(Don't understand that one at all)
2. She would not have the energy to teach and interact with the children that she has now(understand a little bit.. but still stupid reasoning)

Questions:
1. Is this legal? Nowhere in the contract does it say pregnancy is not allowed, but the school is saying that it makes them look bad(which is in the contract)
2. What course of action should be taken?
3. Even if the wife does get fired, and for some weird reason it is legal, would it be legal to fire the husband too? He's still able and willing to work, and would like to stay here through the completion of the contract.

Any help would be appreciated!

[War Eagle]

It's illegal to fire someone because they are pregnant. But, really, what are they going to do? Stay in the country without pay while they hire a lawyer to fight for their right to stay and work for 2.(something) a month? In the meantime pay for rent, utilities, etc. My guess would be if they recently came to Korea for work, chances are they don't have that kind of money saved to stay and fight it.

Besides, who would want to work for a hagwon that doesn't want you there? It's bad enough when they DO want you.

Cut their losses and go home I say. Sorry, not trying to be an ass, just realistic.

They have my sympathy though. The situation sucks.

[YTMND]

If a husband and wife can make more money at home then I would go home. If they can afford having one person work while they other stays home, that's an option.

Do they think the husband will be finished before the wife has "the final solution"? The 3 could come back to Korea, and if that wasn't part of the plan, then going back home may not be a bad headstart.

You really need to ask these 2 what they want. Do they want to stay in Korea with a baby or go back home after it is born?

[ttompatz]

Ministry of labor:
http://www.moel.go.kr/english/main.jsp

Labor standards act (if you want to stay and fight it out you better know where you stand):
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards
(chapter V deals with women and children)

.

[beentheredonethat777]

[IPayInCash]

[sirius black]

If this was in the west, I'd lead the march on the school. The school's point of view isn't a shock. If it happened to a Korean teacher, one, there are laws against it and two, its normal for a married Korean woman to have a baby while on the job.

I'd love it if the pregnant foreign teacher could stay. Its messed up actually. I think the school should have been more accommodating but we know what Korea is like for foreign teachers. The schools worry (often overly so) about their reputation. Foreigners have a bad reputation socially. Drunks. Petty criminals. Party animals, etc.

Getting pregnant is a huge risk to take. It may have been accidental but the school's reaction isn't surprising. Plus, what if there are complications with the pregnancy? Missed days, etc. The answer 'treat her as you would a female Korean teacher' is right in theory but not in practice because we're not seen the same.

The lesson is NOT to give schools a reason. Sometimes impossible depending on the situation (unavoidable medical condition, etc.) but mostly its avoidable. Pregnancy is one such thing that is avoidable. Again, accidental pregnancies can happen and this may be the case. I know I sound unsympathetic. I'm not. I just think its naïve to expect flowers and congrats from the school (I'm being sarcastic) them being neutral at best about the situation.

I've known one pregnant person in my time here and another from a rumor. Both told their school when they were starting to show and decided to go back.
Some of us expect the same rights, etiquette, etc. as back home and forget we are NOT back home and we are NOT citizens. I doubt many Koreans would take a sympathetic view. Some may even view it along the lines as when immigrants come to our countries and get pregnant. NOT saying its the same, I am saying its possible to viewed that way generally by Koreans.
Best of luck to the OPs friends.

[sirius black]

If this was in the west, I'd lead the march on the school. The school's point of view isn't a shock. If it happened to a Korean teacher, one, there are laws against it and two, its normal for a married Korean woman to have a baby while on the job.

I'd love it if the pregnant foreign teacher could stay. Its messed up actually. I think the school should have been more accommodating but we know what Korea is like for foreign teachers. The schools worry (often overly so) about their reputation. Foreigners have a bad reputation socially. Drunks. Petty criminals. Party animals, etc.

Getting pregnant is a huge risk to take. It may have been accidental but the school's reaction isn't surprising. Plus, what if there are complications with the pregnancy? Missed days, etc. The answer 'treat her as you would a female Korean teacher' is right in theory but not in practice because we're not seen the same.

The lesson is NOT to give schools a reason. Sometimes impossible depending on the situation (unavoidable medical condition, etc.) but mostly its avoidable. Pregnancy is one such thing that is avoidable. Again, accidental pregnancies can happen and this may be the case. I know I sound unsympathetic. I'm not. I just think its naïve to expect flowers and congrats from the school (I'm being sarcastic) them being neutral at best about the situation.

I've known one pregnant person in my time here and another from a rumor. Both told their school when they were starting to show and decided to go back.
Some of us expect the same rights, etiquette, etc. as back home and forget we are NOT back home and we are NOT citizens. I doubt many Koreans would take a sympathetic view. Some may even view it along the lines as when immigrants come to our countries and get pregnant. NOT saying its the same, I am saying its possible to viewed that way generally by Koreans.
Best of luck to the OPs friends.

[Stan Rogers]

I knew a female teacher at a university who took maternity leave for a semester. When she came back the school demanded she make up all the classes she didn't teach while on leave. The school expected her to teach double the hours of her collegues for 1 semester. She refused to do it and was fired.

[beentheredonethat777]

[? Once again the MEN of Dave's telling the women how to act in an ignorant manner. [/size][/quote]

^^. Do you know something I don't know?

[12ax7]

[beentheredonethat777]

[YTMND]

[Seoulman69]

[NYC_Gal 2.0]

I think that men who are pregnant should totally get paternity leave.

Joking aside, though, for future reference, Koreans are used to fat westerners. If you get pregnant, just complain about being fat until after you've worked there for at least 6 months.