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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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 Posted: Sat Feb 22, 2014 7:17 pm Post subject: Severance due after 1 month work stoppage? |
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I worked 3 years at the same place in Seoul, they gave me a 10 day notice at the end of last November saying they would not renew again. I didn't work in December but about 20 days later or on Dec. 10th I signed another contract with the same company that began January 1st. I've been asking for my severance but they refuse to pay saying the tax office says they don't have to.
Should I file a labor complaint?
I'm not working with this company like the previous 3 years, they're only sponsoring my visa. I'm working with someone affiliated with them and located upstairs. The company upstairs has a contract with the place I'm working at outside of Seoul. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat Feb 22, 2014 9:00 pm Post subject: Re: Severance due after 1 month work stoppage? |
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| Los Angeloser wrote: |
I worked 3 years at the same place in Seoul, they gave me a 10 day notice at the end of last November saying they would not renew again. I didn't work in December but about 20 days later or on Dec. 10th I signed another contract with the same company that began January 1st. I've been asking for my severance but they refuse to pay saying the tax office says they don't have to.
Should I file a labor complaint?
I'm not working with this company like the previous 3 years, they're only sponsoring my visa. I'm working with someone affiliated with them and located upstairs. The company upstairs has a contract with the place I'm working at outside of Seoul. |
The tax office has nothing to do with it.
If you no longer work for your previous employer then they are required to pay it out.
If your previous employer however is sponsoring your visa (saying that you still work for them when in fact you work for another employer/company) then your previous employer does have to pay it out until you no longer "work for them".
(you all of put your severance at risk due to muddy waters about who is the actual employer and visa issues).
If you file a complaint at labor you will get your severance BUT you open the door to immigration charges of visa fraud, working illegally outside of your visa, etc.
You don't get to have your cake and eat it too and you may have effectively kissed away the equivalent of about 3 months wages (6+ million won) by fudging the paperwork to work upstairs.
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Sat Feb 22, 2014 9:25 pm Post subject: |
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"The tax office has nothing to do with it."
When they mention the tax office I tell them they're talking to the wrong office and they don't respond. When I ask them if they know the correct office they don't say anything. They're playing dumb(Si chi me Teda) I'm sure.
Just like the tax office, Immigration has nothing to do with whether I'm working illegally or not in a labor complaint. They don't care if I'm working illegally, they only care about whether there is a working contract or not. Of course the legality of my working situation is always in play but I'm not worried about that becoming an issue at the labor office. For the record I told them from the beginning to get a 2nd address placed on my ARC and have continued to mention it.
In December I was unemployed and that's what I'm hoping is the main issue. Who the heck do they think they are holding onto my money? On paper I'm working for the same company again and I would hope to win at the labor office. and yes I am afraid of "muddying the water" but I don't think they will get in between the company upstairs and the place I'm working at outside of Seoul.
Talking about the water, it's already muddy since they cheated me or broke their promise in November to pay me for working through my vacation. By cheating me on that effects the amount of my severance pay so I'll also be filing a complaint about my working vacation pay. I'm thinking about also including the lack of a 30 notice as well, that would give me an extra 20 days pay. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Feb 23, 2014 1:53 am Post subject: |
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| Los Angeloser wrote: |
"The tax office has nothing to do with it."
When they mention the tax office I tell them they're talking to the wrong office and they don't respond. When I ask them if they know the correct office they don't say anything. They're playing dumb(Si chi me Teda) I'm sure.
Just like the tax office, Immigration has nothing to do with whether I'm working illegally or not in a labor complaint. They don't care if I'm working illegally, they only care about whether there is a working contract or not. Of course the legality of my working situation is always in play but I'm not worried about that becoming an issue at the labor office. For the record I told them from the beginning to get a 2nd address placed on my ARC and have continued to mention it.
In December I was unemployed and that's what I'm hoping is the main issue. Who the heck do they think they are holding onto my money? On paper I'm working for the same company again and I would hope to win at the labor office. and yes I am afraid of "muddying the water" but I don't think they will get in between the company upstairs and the place I'm working at outside of Seoul.
Talking about the water, it's already muddy since they cheated me or broke their promise in November to pay me for working through my vacation. By cheating me on that effects the amount of my severance pay so I'll also be filing a complaint about my working vacation pay. I'm thinking about also including the lack of a 30 notice as well, that would give me an extra 20 days pay. |
If they hold your visa then they don't have to pay severance - they are still you employer.
If they are NOT your employer then you are an illegal.
You get your severance and someone drops a 100 won on a call to immigration and your azz is grass.
If you lose (labor determines that as your visa sponsor they are still your employer and don't have to pay till your employment is terminated) then you lose.
If you win (labor determines they are not your current employer and have to pay you) then you lose (you are an illegal and subject to all that entails).
Sucks to be you.
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sun Feb 23, 2014 4:56 am Post subject: |
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I think that we need a bit of clarification on one point. After your first employer opted not to renew your contract and you were unemployed for a while, did you transfer your existing visa to the new job? Or did you get a completely new visa. If it's a new visa then you might have a chance of getting severance from the first employer. If you simply renewed the visa with the same employer/sponsor then technically you're still employed and they don't have to give you severance until you finish completely with them.
Your current situation is not as dire as Ttompatz paints it. These days it's legal for your employer to farm you out to other companies. There are still restrictions on hours and ultimately any pay problems are the responsibility of the company that's officially sponsoring your visa. The fact that you're working at the same address makes the situation even simpler. Immigration only gets concerned about these type things when you work off-site (without your boss registering it). They honestly don't care which company transfers your salary into your bank account. They could pay you with cash or even pass you a cashier's check that one of the mothers paid tuition with. There is really no difference between what you're doing now and what happens when a large company contracts a hagwon to teach courses for employees.
If you want, you could try to get the severance for the first 3 years. If you get it, then you'll definitely have to work at the current place for 12 months to get another severance payout. At present, if they fire you tomorrow, you'll get severance for all the time you've worked there (3 years and 2 months).
If I were you, I would watch your actual employer (the original company) very closely to make sure that they don't go out of business. If they DO then they're legally required to give you 30 days notice (after getting approval from the Ministry of Employment and Labor) but in reality if they are crooks then they'll hide the money and make it difficult for you. The second company will have NO responsibility at all to pay you or keep you employed. |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Sun Feb 23, 2014 5:48 am Post subject: |
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| ttompatz wrote: |
| Los Angeloser wrote: |
"The tax office has nothing to do with it."
When they mention the tax office I tell them they're talking to the wrong office and they don't respond. When I ask them if they know the correct office they don't say anything. They're playing dumb(Si chi me Teda) I'm sure.
Just like the tax office, Immigration has nothing to do with whether I'm working illegally or not in a labor complaint. They don't care if I'm working illegally, they only care about whether there is a working contract or not. Of course the legality of my working situation is always in play but I'm not worried about that becoming an issue at the labor office. For the record I told them from the beginning to get a 2nd address placed on my ARC and have continued to mention it.
In December I was unemployed and that's what I'm hoping is the main issue. Who the heck do they think they are holding onto my money? On paper I'm working for the same company again and I would hope to win at the labor office. and yes I am afraid of "muddying the water" but I don't think they will get in between the company upstairs and the place I'm working at outside of Seoul.
Talking about the water, it's already muddy since they cheated me or broke their promise in November to pay me for working through my vacation. By cheating me on that effects the amount of my severance pay so I'll also be filing a complaint about my working vacation pay. I'm thinking about also including the lack of a 30 notice as well, that would give me an extra 20 days pay. |
If they hold your visa then they don't have to pay severance - they are still you employer.
If they are NOT your employer then you are an illegal.
You get your severance and someone drops a 100 won on a call to immigration and your azz is grass.
If you lose (labor determines that as your visa sponsor they are still your employer and don't have to pay till your employment is terminated) then you lose.
If you win (labor determines they are not your current employer and have to pay you) then you lose (you are an illegal and subject to all that entails).
Sucks to be you.
. |
"If they hold your visa then they don't have to pay severance - they are still you employer."
Why is that an "If"? If it wasn't clear to you that I wasn't working for them in December then maybe you should read again what I wrote. Since there was NO working contract then they were NOT my employer in December. Don't you understand that?
"If they are NOT your employer then you are an illegal."
As I said, the labor ministry doesn't care if I'm illegal. Can't you get that through your skull? |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Sun Feb 23, 2014 6:03 am Post subject: |
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| Troglodyte wrote: |
I think that we need a bit of clarification on one point. After your first employer opted not to renew your contract and you were unemployed for a while, did you transfer your existing visa to the new job? Or did you get a completely new visa. If it's a new visa then you might have a chance of getting severance from the first employer. If you simply renewed the visa with the same employer/sponsor then technically you're still employed and they don't have to give you severance until you finish completely with them.
Your current situation is not as dire as Ttompatz paints it. These days it's legal for your employer to farm you out to other companies. There are still restrictions on hours and ultimately any pay problems are the responsibility of the company that's officially sponsoring your visa. The fact that you're working at the same address makes the situation even simpler. Immigration only gets concerned about these type things when you work off-site (without your boss registering it). They honestly don't care which company transfers your salary into your bank account. They could pay you with cash or even pass you a cashier's check that one of the mothers paid tuition with. There is really no difference between what you're doing now and what happens when a large company contracts a hagwon to teach courses for employees.
If you want, you could try to get the severance for the first 3 years. If you get it, then you'll definitely have to work at the current place for 12 months to get another severance payout. At present, if they fire you tomorrow, you'll get severance for all the time you've worked there (3 years and 2 months).
If I were you, I would watch your actual employer (the original company) very closely to make sure that they don't go out of business. If they DO then they're legally required to give you 30 days notice (after getting approval from the Ministry of Employment and Labor) but in reality if they are crooks then they'll hide the money and make it difficult for you. The second company will have NO responsibility at all to pay you or keep you employed. |
The visa doesn't have anything to do with the labor ministry, the contract is the ONLY thing that matters. That's what I learned a long time ago. If you or ttompatz knows of a revision of some sort then let me know. But, I doubt ttompatz does which is why he didn't address the issue.
Hint: My employer said..."We asked the tax office and they said we don't have to pay your severance."
And yes I know, "Ttompatz painting" isn't on top of his game today. What's funny is that he suggested I was "muddying the water" when my employer is the one doing so by not paying me my severance.
In your 2nd paragraph..."The fact that you're working at the same address makes the situation even simpler"
But, I am not working at the same address, why would you think I was? I know I need to have a 2nd address put on my ARC.
I received severance after my 1st year but since then a new regulation was passed, employers don't have to pay severance unless there is a work stoppage in which I'm stating that in this case there was. I didn't have a working contract nor did I receive any pay in December. They owe me for 2 years severance.
Last edited by Los Angeloser on Sun Feb 23, 2014 7:08 am; edited 2 times in total |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Sun Feb 23, 2014 6:35 am Post subject: |
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| ttompatz wrote: |
| Los Angeloser wrote: |
"The tax office has nothing to do with it."
When they mention the tax office I tell them they're talking to the wrong office and they don't respond. When I ask them if they know the correct office they don't say anything. They're playing dumb(Si chi me Teda) I'm sure.
Just like the tax office, Immigration has nothing to do with whether I'm working illegally or not in a labor complaint. They don't care if I'm working illegally, they only care about whether there is a working contract or not. Of course the legality of my working situation is always in play but I'm not worried about that becoming an issue at the labor office. For the record I told them from the beginning to get a 2nd address placed on my ARC and have continued to mention it.
In December I was unemployed and that's what I'm hoping is the main issue. Who the heck do they think they are holding onto my money? On paper I'm working for the same company again and I would hope to win at the labor office. and yes I am afraid of "muddying the water" but I don't think they will get in between the company upstairs and the place I'm working at outside of Seoul.
Talking about the water, it's already muddy since they cheated me or broke their promise in November to pay me for working through my vacation. By cheating me on that effects the amount of my severance pay so I'll also be filing a complaint about my working vacation pay. I'm thinking about also including the lack of a 30 notice as well, that would give me an extra 20 days pay. |
If they hold your visa then they don't have to pay severance - they are still you employer.
If they are NOT your employer then you are an illegal.
You get your severance and someone drops a 100 won on a call to immigration and your azz is grass.
If you lose (labor determines that as your visa sponsor they are still your employer and don't have to pay till your employment is terminated) then you lose.
If you win (labor determines they are not your current employer and have to pay you) then you lose (you are an illegal and subject to all that entails).
Sucks to be you.
. |
"Sucks to be you"
Likewise, since you feel a need to tell someone such a thing. Are you a perfect person? But go ahead and explain to everyone how you are. Hahahahahahahahahahaha!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
"Illegals" or those without working visas sometimes file labor complaints but the labor ministry stands behind signed contracts. They don't care about visas. We can't do much about stupid Immigration visa laws, but that doesn't stop people from working and signing working contracts which the labor ministry luckily cares about.
Ttompatz says..."You get your severance and someone drops a 100 won on a call to immigration and your azz is grass."
Don't you wish? What goes through your mind? Have you done this before or can you show us an instance when/where this happened or are you just dreaming/trying to frighten the newbie?
You are so quick to make the disconnect between the tax office and labor office so why can't you do the same with the immigration office and the labor office? You should think about that and then get back with us in the future with a more equal opportunity ideology. Instead you try desperately to make a connection between the immigration office and labor office. Please, show us when an English teacher was ever fined or deported by immigration for filing a labor ministry complaint? Ah ha, you can't, I knew it  You haven't told me anything I didn't already know but thanks for trying, if fact you've only tried to twist things. Sucks to be good at the game "Twister."
You are just like my employer the way they connect the tax office and labor while you desperately try to connect labor with immigration. 
I think you get excited by pretending to be better than other people, especially newbies. Let me tell you if nobody has ever done so before, you ain't no better than anybody, especially newbies. You might think you are because you earn more money than them but as a person who knows? You're anonymous.
Last edited by Los Angeloser on Sun Feb 23, 2014 8:16 am; edited 2 times in total |
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Savant
Joined: 25 May 2007
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| Posted: Sun Feb 23, 2014 7:16 am Post subject: |
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I think what ttompatz and Troglodyte are getting at is that even though you can win the Labor Board case you may still get screwed by Immigration on your current contract.
You are sponsored by your first company but now not working for them? Is that correct?
You have advocated to get your current working place of address on your ARC but so far have not been able to do this? Why? Couldn't you have done this by yourself? Or are you waylaid by the fact that your place of employment does not match your sponsor's place of address?
It seems that your first employer is using every trick in the book to not pay you severance but they are likely more crafty than you are. One anonymous call to Immigration could jeopardize your standing in Korea or if you are lucky you get away with a fine.
Your overall situation sounds shifty, perhaps you have good reasons for remaining in your situation but it sounds like you are in up to your head in BS. I hope you brought a snorkel. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sun Feb 23, 2014 7:19 am Post subject: |
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| Los Angeloser wrote: |
| Troglodyte wrote: |
I think that we need a bit of clarification on one point. After your first employer opted not to renew your contract and you were unemployed for a while, did you transfer your existing visa to the new job? Or did you get a completely new visa. If it's a new visa then you might have a chance of getting severance from the first employer. If you simply renewed the visa with the same employer/sponsor then technically you're still employed and they don't have to give you severance until you finish completely with them.
Your current situation is not as dire as Ttompatz paints it. These days it's legal for your employer to farm you out to other companies. There are still restrictions on hours and ultimately any pay problems are the responsibility of the company that's officially sponsoring your visa. The fact that you're working at the same address makes the situation even simpler. Immigration only gets concerned about these type things when you work off-site (without your boss registering it). They honestly don't care which company transfers your salary into your bank account. They could pay you with cash or even pass you a cashier's check that one of the mothers paid tuition with. There is really no difference between what you're doing now and what happens when a large company contracts a hagwon to teach courses for employees.
If you want, you could try to get the severance for the first 3 years. If you get it, then you'll definitely have to work at the current place for 12 months to get another severance payout. At present, if they fire you tomorrow, you'll get severance for all the time you've worked there (3 years and 2 months).
If I were you, I would watch your actual employer (the original company) very closely to make sure that they don't go out of business. If they DO then they're legally required to give you 30 days notice (after getting approval from the Ministry of Employment and Labor) but in reality if they are crooks then they'll hide the money and make it difficult for you. The second company will have NO responsibility at all to pay you or keep you employed. |
The visa doesn't have anything to do with the labor ministry, the contract is the ONLY thing that matters. That's what I learned a long time ago. If you or ttompatz knows of a revision of some sort then let me know. But, I doubt ttompatz does which is why he didn't address the issue.
Hint: My employer said..."We asked the tax office and they said we don't have to pay your severance."
And yes I know, "Ttompatz painting" isn't on top of his game today. What's funny is that he suggested I was "muddying the water" when my employer is the one doing so by not paying me my severance.
In your 2nd paragraph..."The fact that you're working at the same address makes the situation even simpler"
But, I am not working at the same address, why would you think I was? I know I need to have a 2nd address put on my ARC.
I received severance after my 1st year but since then a new regulation was passed, employers don't have to pay severance unless there is a work stoppage in which I'm stating that in this case there was. I didn't have a working contract nor did I receive any pay in December. They owe me for 2 years severance. |
It honestly seems as though your just looking for a fight here. If you want to calm down and discuss the matter in a civil manner then you'll probably get more constructive advice.
On the other hand, if you already know everything there is to know about this matter then why bother asking for advice?
(And by the way, there are connections between the MOEL and your visa.) |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Sun Feb 23, 2014 7:37 am Post subject: |
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| Troglodyte wrote: |
| Los Angeloser wrote: |
| Troglodyte wrote: |
I think that we need a bit of clarification on one point. After your first employer opted not to renew your contract and you were unemployed for a while, did you transfer your existing visa to the new job? Or did you get a completely new visa. If it's a new visa then you might have a chance of getting severance from the first employer. If you simply renewed the visa with the same employer/sponsor then technically you're still employed and they don't have to give you severance until you finish completely with them.
Your current situation is not as dire as Ttompatz paints it. These days it's legal for your employer to farm you out to other companies. There are still restrictions on hours and ultimately any pay problems are the responsibility of the company that's officially sponsoring your visa. The fact that you're working at the same address makes the situation even simpler. Immigration only gets concerned about these type things when you work off-site (without your boss registering it). They honestly don't care which company transfers your salary into your bank account. They could pay you with cash or even pass you a cashier's check that one of the mothers paid tuition with. There is really no difference between what you're doing now and what happens when a large company contracts a hagwon to teach courses for employees.
If you want, you could try to get the severance for the first 3 years. If you get it, then you'll definitely have to work at the current place for 12 months to get another severance payout. At present, if they fire you tomorrow, you'll get severance for all the time you've worked there (3 years and 2 months).
If I were you, I would watch your actual employer (the original company) very closely to make sure that they don't go out of business. If they DO then they're legally required to give you 30 days notice (after getting approval from the Ministry of Employment and Labor) but in reality if they are crooks then they'll hide the money and make it difficult for you. The second company will have NO responsibility at all to pay you or keep you employed. |
The visa doesn't have anything to do with the labor ministry, the contract is the ONLY thing that matters. That's what I learned a long time ago. If you or ttompatz knows of a revision of some sort then let me know. But, I doubt ttompatz does which is why he didn't address the issue.
Hint: My employer said..."We asked the tax office and they said we don't have to pay your severance."
And yes I know, "Ttompatz painting" isn't on top of his game today. What's funny is that he suggested I was "muddying the water" when my employer is the one doing so by not paying me my severance.
In your 2nd paragraph..."The fact that you're working at the same address makes the situation even simpler"
But, I am not working at the same address, why would you think I was? I know I need to have a 2nd address put on my ARC.
I received severance after my 1st year but since then a new regulation was passed, employers don't have to pay severance unless there is a work stoppage in which I'm stating that in this case there was. I didn't have a working contract nor did I receive any pay in December. They owe me for 2 years severance. |
It honestly seems as though your just looking for a fight here. If you want to calm down and discuss the matter in a civil manner then you'll probably get more constructive advice.
On the other hand, if you already know everything there is to know about this matter then why bother asking for advice?
(And by the way, there are connections between the MOEL and your visa.) |
I'm not fighting with you, please show me why you think I'm fighting with you? And while you're at it the "connections(plural) bewteen MOEL and immigration"? The only way you can win is by showing us when/how an illegal was turned over to immigration for making a labor complaint. Good luck! |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Sun Feb 23, 2014 7:45 am Post subject: |
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| Savant wrote: |
I think what ttompatz and Troglodyte are getting at is that even though you can win the Labor Board case you may still get screwed by Immigration on your current contract.
You are sponsored by your first company but now not working for them? Is that correct?
You have advocated to get your current working place of address on your ARC but so far have not been able to do this? Why? Couldn't you have done this by yourself? Or are you waylaid by the fact that your place of employment does not match your sponsor's place of address?
It seems that your first employer is using every trick in the book to not pay you severance but they are likely more crafty than you are. One anonymous call to Immigration could jeopardize your standing in Korea or if you are lucky you get away with a fine.
Your overall situation sounds shifty, perhaps you have good reasons for remaining in your situation but it sounds like you are in up to your head in BS. I hope you brought a snorkel. |
I can get screwed if my employer tells the tax office that I'm a contract employer when I'm not(which they did the first month I worked for them). And guess what, I'm not going to pay taxes on that money. Oh oh, I'm a terrible person. Sic Ttompatz on me, hahahahahaah!!!!!!!! But yet, Ttompatz quickly disconnects labor and the tax office while STICKING to his guns on the other connection. DUH!!! Do you see what I did there? I brought in other shyte which doesn't matter in a labor complaint, exactly what Ttompatz has focused on. A tourist can file a labor complaint after signing a working contract and the labor ministry will abide by it by considering all labor laws, they will not call immigration. Does Ttompatz know any tourists who have filed labor complaints and as a result been deported because of "phone call" to immigration? Perhaps he can tell us when he or one of his buddies did so himself/themselves? |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Sun Feb 23, 2014 11:18 am Post subject: |
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| ttompatz wrote: |
| Los Angeloser wrote: |
"The tax office has nothing to do with it."
When they mention the tax office I tell them they're talking to the wrong office and they don't respond. When I ask them if they know the correct office they don't say anything. They're playing dumb(Si chi me Teda) I'm sure.
Just like the tax office, Immigration has nothing to do with whether I'm working illegally or not in a labor complaint. They don't care if I'm working illegally, they only care about whether there is a working contract or not. Of course the legality of my working situation is always in play but I'm not worried about that becoming an issue at the labor office. For the record I told them from the beginning to get a 2nd address placed on my ARC and have continued to mention it.
In December I was unemployed and that's what I'm hoping is the main issue. Who the heck do they think they are holding onto my money? On paper I'm working for the same company again and I would hope to win at the labor office. and yes I am afraid of "muddying the water" but I don't think they will get in between the company upstairs and the place I'm working at outside of Seoul.
Talking about the water, it's already muddy since they cheated me or broke their promise in November to pay me for working through my vacation. By cheating me on that effects the amount of my severance pay so I'll also be filing a complaint about my working vacation pay. I'm thinking about also including the lack of a 30 notice as well, that would give me an extra 20 days pay. |
If they hold your visa then they don't have to pay severance - they are still you employer.
If they are NOT your employer then you are an illegal.
You get your severance and someone drops a 100 won on a call to immigration and your azz is grass.
If you lose (labor determines that as your visa sponsor they are still your employer and don't have to pay till your employment is terminated) then you lose.
If you win (labor determines they are not your current employer and have to pay you) then you lose (you are an illegal and subject to all that entails).
Sucks to be you.
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I work 4 days per week and earn more than most but I'm not claiming to be better or worse than anyone else, them is the breaks. It sounds as if you think you're better than most people, is this true? Are you better than most people in S. Korea? Please tell us how to not "suck" like you? Note: whether there is a 2nd address on my ARC doesn't really have much of an affect on me at all day to day, though I've already said I've asked to get the deed done. So, you know what you can do! I don't think I've ever worked for a totally straight employer on the up and up but I'm sure you've always been hired by employers that demand lawful acts by everyone so there isn't ever an illegal act done by you or by anyone you're affiliated with in S. Korea. You are perfect ttompatz. Gosh Golly Gee Wiz. My 2 contracts with the public school system found the man that signed my contracts busted, they ended up in JAIL. Now, tell all of us how you are GOLDEN. Can I give you a Gold star for the day? Hahahahaha!!!
The job I ended up with was posted on Daveseslcafe, it's the 2nd job I got that was posted on Daveseslcafe. Yeah, it "sucks to be me" |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sun Feb 23, 2014 8:40 pm Post subject: |
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| As I said, the labor ministry doesn't care if I'm illegal. Can't you get that through your skull? |
They don't care, and that's a red herring. The issue is that they can't help you if you are illegally working.
If you worked for a full year and don't work for the employer anymore, then you can't collect on severance. You didn't, so you don't get severance.
That's the beginning, middle, and end of it. Stay a year with the next school and be legal. Then, you can collect on unpaid wages. If not, it will be like suing someone in court because they didn't fully pay you for drugs you smuggled. |
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beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
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| Posted: Mon Feb 24, 2014 11:56 am Post subject: Re: Severance due after 1 month work stoppage? |
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I'm not working with this company like the previous 3 years, they're only sponsoring my visa. I'm working with someone affiliated with them and located upstairs. The company upstairs has a contract with the place I'm working at outside of Seoul]
^^
Hi, I haven't been available to respond to many queries here in the past few weeks, but I think I can help you understand your situation a little better.
Before I begin, I honestly don't think anyone was trying to make you feel bad, discredit you, or pull the "I'm better than you-I know it all card "
The information they provided you was correct. But it probably wasn't the info you were expecting to receive in response to your query.
You mentioned that you were NOT currently working for this company but they were
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| sponsoring your visa. |
Uh...this is 100% illegal
I think the other posters were trying to explain that while
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| this other company |
may owe severance, it is unlikely to ever be paid and they don't/won't have to pay you. [b]and[/b]if you ever tried to go after them to collect, it would cost you WAY more than the severance itself and you would be in legal trouble because your are illegally working in Korea at the moment. [color=red](at least, based upon the information you provided on this forum)AND
If they are still sponsoring your visa=no severance payment required to be paid "yet"
You stated,that, on paper, you were working for the same company, right?[/b] The law says severance will be paid upon completion/severing ties with company. Technically, you are STILL with the old company. If you did not change this at immigration and its been more then 30 days, then YES, you are in trouble even as you read this.
If they are NOT your employer=illegal worker
[b]YES, I am sure about this.Yes, I know people who have been fined, and deported .Yes. I have assisted others throughout the years in similar situations. Yes, ttompatz was correct and yes, he does know a lot of things. I think you should apologize to him .The people who took the time to respond to you(including me) have literally several decades of combined experience in work/related matters. Some of us, have even beentheredonthat777 and/or helped others(.VISAS, TAX, IMMIGRATION, KOREAN LABOR LAWS,SEVERANCE,PENSION, HEALTH,CONTRACTS,LABOR BOARD,RELATED-ISSUES,ETC.)
BTW:
The OLD law said, you could collect severance ANNUALLY, even if you were renewing a contract with the same company.
The New law states, upon severing ties with the company. By your own admission, on paper, you still work for the SAME company.
Oh, wait. I just reread your comments. WOW!!! You were "unemployed for a whole month and didn't notify immigration? "Yes, definitely illegal. Sorry. Los Angeloser and you're working at a DIFFERENT location than the one listed on your ARC?
Please try your best to accept that someone has bent you over and didn't use Vaseline. Do not waste time, resources, fighting a losing battle.
I've thought of every perceivable way you could win this, and I came up empty-handed. Please keep us informed. |
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