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Blanca
Joined: 19 Apr 2012
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Posted: Fri Aug 30, 2013 2:15 am Post subject: Shady Hagwon Dealings Over Final Pay |
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A friend of mine recently finished a contract at a hagwon. Partially as a favour to the boss (and partially, I think, because she felt she couldn't say no), she agreed to work 4 extra days for an extra 400,000W and a letter of recommendation. Surprise, surprise (for this school), they're dragging their feet over final payment (of 5.55mil) and are outright refusing to sign a letter of recommendation (despite promising one). They are dragging their feet because the apartment wasn't cleared properly (it's in better condition than when we found it), and aren't giving a letter of recommendation for a few bullsh!t reasons about books or whatever.
My question is about the 400k. Is there any way to prove to the labour board (should it get to that) that this time was worked (ie overtime/work outside contract hours) or would she be pissing into the wind? I'm not worried about the other 5.15 for flights, final pay and severance, they're an open-and-shut case if it goes to the labour board, but I'm worried about the other 400k. |
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littlelisa
Joined: 12 Jun 2007 Location: Seoul
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Posted: Fri Aug 30, 2013 2:22 am Post subject: |
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Is there any signed contract extension or proof of this in writing? Email, even? |
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Blanca
Joined: 19 Apr 2012
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Posted: Fri Aug 30, 2013 2:33 am Post subject: |
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Apparently not, although there is a camera in the classroom that will have recorded all four days. |
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littlelisa
Joined: 12 Jun 2007 Location: Seoul
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Posted: Fri Aug 30, 2013 3:07 am Post subject: |
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Phew... good luck getting to the camera footage. I think you'll have to forget about that extra pay, sorry!
Edit: Lesson learned: GET EVERYTHING IN WRITING ALWAYS. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Fri Aug 30, 2013 3:57 am Post subject: |
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Blanca wrote: |
Apparently not, although there is a camera in the classroom that will have recorded all four days. |
So you want to have 4 days proof that a teacher was teaching illegally? This is if the contract period finished which I assume did. You don't want anyone to know about extra days finished unless immigration ok'd it. The school gets a slap on the wrist, the teacher gets more.
I would just take severance, flight money, last pay, and check with pension office. |
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Blanca
Joined: 19 Apr 2012
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Posted: Fri Aug 30, 2013 4:17 am Post subject: |
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Yes I feared that would be the case. I guess our best hope is that the boss does actually decide to just pay it anyway when her tutor money comes in on Monday from the parents. We're hoping this stalling is just smoke and mirrors but we'll see.
Can anyone confirm it was illegal under immigration law? It was outside the one-year contract but the visa is still valid and it's for the same employer at the same location so I'm not too sure that it's not allowed. |
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Skippy

Joined: 18 Jan 2003 Location: Daejeon
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Posted: Fri Aug 30, 2013 4:19 am Post subject: Re: Shady Hagwon Dealings Over Final Pay |
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Blanca wrote: |
A friend of mine recently finished a contract at a hagwon. Partially as a favour to the boss (and partially, I think, because she felt she couldn't say no), she agreed to work 4 extra days for an extra 400,000W and a letter of recommendation. Surprise, surprise (for this school), they're dragging their feet over final payment (of 5.55mil) and are outright refusing to sign a letter of recommendation (despite promising one). They are dragging their feet because the apartment wasn't cleared properly (it's in better condition than when we found it), and aren't giving a letter of recommendation for a few bullsh!t reasons about books or whatever.
My question is about the 400k. Is there any way to prove to the labour board (should it get to that) that this time was worked (ie overtime/work outside contract hours) or would she be pissing into the wind? I'm not worried about the other 5.15 for flights, final pay and severance, they're an open-and-shut case if it goes to the labour board, but I'm worried about the other 400k. |
As for the letter of recommendation. Ask the school to provide a Certificate of Employment. It may not be a nice a recommendation letter but they can not refuse. They have to legally provide one.
Another option is to write the letter yourself and have them sign it. |
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jlee83
Joined: 20 Sep 2010 Location: Gangnam
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Posted: Fri Aug 30, 2013 5:02 am Post subject: |
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What do you mean by 'a few bullshit reasons about books'?
Did she take and/or lose a bunch of school books? |
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Blanca
Joined: 19 Apr 2012
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Posted: Fri Aug 30, 2013 6:06 am Post subject: |
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Thanks for the info Skippy, we'll look into getting a certificate of employment.
jlee83, I mean her boss has said she wasn't satisfied with progress through the books, and how much she used her computer in lessons. Bollocks, basically, the usual hagwon smoke-and-mirrors trick to justify shady behaviour. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Fri Aug 30, 2013 8:27 am Post subject: Re: Shady Hagwon Dealings Over Final Pay |
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Blanca wrote: |
A friend of mine recently finished a contract at a hagwon. Partially as a favour to the boss (and partially, I think, because she felt she couldn't say no), she agreed to work 4 extra days for an extra 400,000W and a letter of recommendation. Surprise, surprise (for this school), they're dragging their feet over final payment (of 5.55mil) and are outright refusing to sign a letter of recommendation (despite promising one). They are dragging their feet because the apartment wasn't cleared properly (it's in better condition than when we found it), and aren't giving a letter of recommendation for a few bullsh!t reasons about books or whatever.
My question is about the 400k. Is there any way to prove to the labour board (should it get to that) that this time was worked (ie overtime/work outside contract hours) or would she be pissing into the wind? I'm not worried about the other 5.15 for flights, final pay and severance, they're an open-and-shut case if it goes to the labour board, but I'm worried about the other 400k. |
1) It's not illegal to teach the 4 extra days as long as the teacher was teaching with a valid ARC. So, don't worry about being illegal.
2) It doesn't pay to fight with your boss before getting the first big payment. If you're expecting to get 5.15 million won with no problems, then don't make a stink about the possibility of not collecting the additional 400,000 won or about the letter of recommendation. Try to play nice until you get the 5.15 in hand.
3) After you get the 5.15 - and assuming you don't get the 400k or the letter, you should then proceed to go after the 400k. You can still take this to the Labor Board.
4) Your boss has no legal requirement to give a letter of recommendation, so fighting for one only increases the likelyhood of not getting one.
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jlee83, I mean her boss has said she wasn't satisfied with progress through the books, and how much she used her computer in lessons. Bollocks, basically, the usual hagwon smoke-and-mirrors trick to justify shady behaviour. |
There could be times when a boss is justified in non-payment of wages, for example, if a teacher shows up, sits in a chair, but doesn't actually teach the students. This could justify non-payment for the time present but not actually teaching.
Being dissatisfied with your performance, after the fact, is no justification for non-payment of wages. You worked, so your boss owes you the money. If your performance was unsatisfactory, it would have been grounds for dismissal, but not for non-payment. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Fri Aug 30, 2013 4:27 pm Post subject: |
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Quote: |
1) It's not illegal to teach the 4 extra days as long as the teacher was teaching with a valid ARC. So, don't worry about being illegal. |
When the teacher and school are in agreement there is nothing illegal. However, if the school is upset with the teacher they could say the teacher scheduled privates without their permission. That is illegal on an E2 visa.
I think it's best to just collect what was earned up to the end of the contract period and then try to get the recommendation letter. |
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littlelisa
Joined: 12 Jun 2007 Location: Seoul
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Posted: Fri Aug 30, 2013 7:09 pm Post subject: |
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Agreed, plus there is no record of how much was agreed upon for the four extra days. For all immigration knows, even if it weren't illegal, it could have been done as a favour. You have to forget about that extra money if you have no records of agreement or extension of the contract.
Definitely go after them for all the rest, though. |
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Blanca
Joined: 19 Apr 2012
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Posted: Fri Aug 30, 2013 8:06 pm Post subject: |
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Thanks for the responses everyone, it's helped iron a few things out.
An update: the boss is going to inspect the apartment on Monday and if she's happy she will pay up. Nothing said about the letter of recommendation, and the extra 400k is entirely down to whether she does the decent, honest thing so I won't hold my breath.
I'll be there to meet this boss on Monday, and I'll find it hard to hold my tongue (after all the shit she's put my girlfriend through over the last 6 months), but am I right in presuming I should smile through gritted teeth rather than tearing her head off and making threats if she won't pay up properly? |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sat Aug 31, 2013 6:05 am Post subject: |
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Blanca wrote: |
Thanks for the responses everyone, it's helped iron a few things out.
An update: the boss is going to inspect the apartment on Monday and if she's happy she will pay up. Nothing said about the letter of recommendation, and the extra 400k is entirely down to whether she does the decent, honest thing so I won't hold my breath.
I'll be there to meet this boss on Monday, and I'll find it hard to hold my tongue (after all the shit she's put my girlfriend through over the last 6 months), but am I right in presuming I should smile through gritted teeth rather than tearing her head off and making threats if she won't pay up properly? |
Grin, bow and get the first 5.15 million won. That's the bulk of the cash.
Then, if your friend doesn't get the final 400k won, she can file at the Labor Office to get paid.
It is perfectly legal to continue teaching on a valid ARC at the registered address. It sounds like the teaching was just a continuation of the same classes at the same location - not illegal privates held in another location - meaning your friend can collect and the Labor Office will take the case. But it's much better to only have to fight for 400k instead of the whole 5.55 mil. |
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Blanca
Joined: 19 Apr 2012
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Posted: Sun Sep 01, 2013 7:06 pm Post subject: |
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Update:
We are currently sat in the spotless apartment waiting for the boss who promised to be here at 12 to inspect it, but is now going to be "20 minutes late". If she's not here by 12.30 we're going into the school. |
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