Korean Job Discussion Forums

[cirval]

I was recently terminated by my hagwon after 10 1/2 months. The reasoning was completely unjustified and since the time of the termination, I have been living with my boyfriend and going through the process of filing a grievance with both the Human Rights Commission of the Labor Board. The only problem is that my boyfriend finishes his contract on March 4th and it seems like this process might take longer to complete. Neither one of us want to sign another contract, especially after my experience. Basically, I'm wondering if there is any way of going through the labor board process in absentia.

Any advice is appreciated, as I am a little overwhelmed right now.

Thanks

[ttompatz]

2 options:

Switch to a "G" visa until your legal matter is completed.

Appoint someone to act as your agent on your behalf (you need to file some paperwork with he labor office to do this). Do be aware that the chances of obtaining anything by agent are somewhere between slim and none.

.

[Troglodyte]

The problem is that he LB have very little power to enforce stuff. They can say that the employer was unjustified in firing you but it's hard for them to force the employer to pay you or re-hire you. Usually they convince the employer to pay to comply by negotiating a situation in which you the employee drops the complaint in exchange for getting paid. If the employer refuses to comply then you need to go to court. The court can and well enforce its rulings.

Court can easily take 3 months. If your former employer knows that you'll be leaving Korea then she'll likely hold out until you're gone. You could get someone to represent you but you will have less success.

An important question is "what do you want out of it?"
If you want money then get a representative. You'll probably get SOME money but maybe not much. If you want to get most of your money then you'll have to stick around. If the LB agreed that you were fired without justification then you can easily transfer to another job for a short 3 month contract.
If you just want to make a point, then file the complaint with the LB and leave it at that. That file will be on permanent record. If anyone else every makes a complaint against the company, it will be there. If the government suspects them of tax evasions or such, that record on file will make the company look worse.
What you want out of it will determine the best course of action.

[YTMND]