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[email protected]
Joined: 16 Nov 2014
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 Posted: Fri Jan 23, 2015 11:34 pm Post subject: Re: Fired! What next... |
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| Troglodyte wrote: |
| beentheredonethat777 wrote: |
| motiontodismiss wrote: |
| ttompatz wrote: |
If you have been there for less than 6 months you don't have any protections or a leg to stand on. Under 6 months and even as an employee you are considered to be "Probationary" and subject to release without notice or cause. Pray you get your LOR and can find other work.
. |
Probation is three months max. |
^^. Who told you this?
Probation is six months. "probationary period is six months" and employee can be released without warning or reason by law |
You are correct that it's six months and that you can be released without ADVANCED notice (i.e., they can fire you on the spot but they do have to notify you) but they can't fire you without a reason (and a justified one at that). |
Labor Standard Act
Article 35 (Exceptions for Advanced Notice of Dismissal)
The provisions of Article 26 (Advanced Notice of Dismissal) shall not apply to workers who fall within the purview of each of the following subparagraphs:
1.
2.
3.
4.
5. a worker in a probationary period
Presidential Decree to Labor Standard Act
Article 16 (Definition of Probationary Worker)
For the purposes of subparagraph 5 of Article 35 of the Act, the term "probationary worker" means a worker for whom less than three months have passed since the start of his/her probationary period. |
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beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
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| Posted: Sat Jan 24, 2015 12:35 am Post subject: Re: Fired! What next... |
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| [email protected] wrote: |
| Troglodyte wrote: |
| beentheredonethat777 wrote: |
| motiontodismiss wrote: |
| ttompatz wrote: |
If you have been there for less than 6 months you don't have any protections or a leg to stand on. Under 6 months and even as an employee you are considered to be "Probationary" and subject to release without notice or cause. Pray you get your LOR and can find other work.
. |
Probation is three months max. |
^^. Who told you this?
Probation is six months. "probationary period is six months" and employee can be released without warning or reason by law |
You are correct that it's six months and that you can be released without ADVANCED notice (i.e., they can fire you on the spot but they do have to notify you) but they can't fire you without a reason (and a justified one at that). |
Labor Standard Act
Article 35 (Exceptions for Advanced Notice of Dismissal)
The provisions of Article 26 (Advanced Notice of Dismissal) shall not apply to workers who fall within the purview of each of the following subparagraphs:
1.
2.
3.
4.
5. a worker in a probationary period
Presidential Decree to Labor Standard Act
Article 16 (Definition of Probationary Worker)
For the purposes of subparagraph 5 of Article 35 of the Act, the term "probationary worker" means a worker for whom less than three months have passed since the start of his/her probationary period. |
^^.Fair enough. I stand corrected.
However, most schools use the "six month" salaried worker period that is mentioned in the smae Article 35 of the Act from which you quoted
Korean labor law
Information on employment laws of Korea
Probationary period
The probationary period, here, means a period that a company, after concluding a labor contract with a worker, sets a certain period of time to assess the worker’s aptitude for his job, train him to get familiar with the job, and etc.
Incidentally, the Labor Standards Act of Korea does not have an explicit regulation on this matter.
The only article that mentions a probationary worker is the article 35 of the act.
Article 35 of the LSA
In the event of dismissal of an employee with any of the following status of employment, the employer is not obliged to give a 30-day notice.
– Salary employees who have worked for less than 6 months
The Labor Standard Acts is open for interpretation, but should be used in a consistent manner by each company
–
I believe the OP didn't even have 3 months in. #justguessing# |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sat Jan 24, 2015 7:20 am Post subject: Re: Fired! What next... |
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| [email protected] wrote: |
| Troglodyte wrote: |
| beentheredonethat777 wrote: |
| motiontodismiss wrote: |
| ttompatz wrote: |
If you have been there for less than 6 months you don't have any protections or a leg to stand on. Under 6 months and even as an employee you are considered to be "Probationary" and subject to release without notice or cause. Pray you get your LOR and can find other work.
. |
Probation is three months max. |
^^. Who told you this?
Probation is six months. "probationary period is six months" and employee can be released without warning or reason by law |
You are correct that it's six months and that you can be released without ADVANCED notice (i.e., they can fire you on the spot but they do have to notify you) but they can't fire you without a reason (and a justified one at that). |
Labor Standard Act
Article 35 (Exceptions for Advanced Notice of Dismissal)
The provisions of Article 26 (Advanced Notice of Dismissal) shall not apply to workers who fall within the purview of each of the following subparagraphs:
1.
2.
3.
4.
5. a worker in a probationary period
Presidential Decree to Labor Standard Act
Article 16 (Definition of Probationary Worker)
For the purposes of subparagraph 5 of Article 35 of the Act, the term "probationary worker" means a worker for whom less than three months have passed since the start of his/her probationary period. |
You didn't quote all of Article 35. Number 3 states the following.
3. a worker who has been employed as a monthly-paid worker for less than six months; |
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[email protected]
Joined: 16 Nov 2014
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| Posted: Sat Jan 24, 2015 8:10 pm Post subject: Re: Fired! What next... |
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| Troglodyte wrote: |
| [email protected] wrote: |
| Troglodyte wrote: |
| beentheredonethat777 wrote: |
| motiontodismiss wrote: |
| ttompatz wrote: |
If you have been there for less than 6 months you don't have any protections or a leg to stand on. Under 6 months and even as an employee you are considered to be "Probationary" and subject to release without notice or cause. Pray you get your LOR and can find other work.
. |
Probation is three months max. |
^^. Who told you this?
Probation is six months. "probationary period is six months" and employee can be released without warning or reason by law |
You are correct that it's six months and that you can be released without ADVANCED notice (i.e., they can fire you on the spot but they do have to notify you) but they can't fire you without a reason (and a justified one at that). |
Labor Standard Act
Article 35 (Exceptions for Advanced Notice of Dismissal)
The provisions of Article 26 (Advanced Notice of Dismissal) shall not apply to workers who fall within the purview of each of the following subparagraphs:
1.
2.
3.
4.
5. a worker in a probationary period
Presidential Decree to Labor Standard Act
Article 16 (Definition of Probationary Worker)
For the purposes of subparagraph 5 of Article 35 of the Act, the term "probationary worker" means a worker for whom less than three months have passed since the start of his/her probationary period. |
You didn't quote all of Article 35. Number 3 states the following.
3. a worker who has been employed as a monthly-paid worker for less than six months; |
Sorry, but I think I have to remind you,
'A worker who has been employed as a monthly-paid worker for less than six months' doesn't mean the person is a probationary worker.
By the way, there is no legal limit on the length of probationary period. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sun Jan 25, 2015 1:45 am Post subject: Re: Fired! What next... |
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| [email protected] wrote: |
| Troglodyte wrote: |
| [email protected] wrote: |
| Troglodyte wrote: |
| beentheredonethat777 wrote: |
| motiontodismiss wrote: |
| ttompatz wrote: |
If you have been there for less than 6 months you don't have any protections or a leg to stand on. Under 6 months and even as an employee you are considered to be "Probationary" and subject to release without notice or cause. Pray you get your LOR and can find other work.
. |
Probation is three months max. |
^^. Who told you this?
Probation is six months. "probationary period is six months" and employee can be released without warning or reason by law |
You are correct that it's six months and that you can be released without ADVANCED notice (i.e., they can fire you on the spot but they do have to notify you) but they can't fire you without a reason (and a justified one at that). |
Labor Standard Act
Article 35 (Exceptions for Advanced Notice of Dismissal)
The provisions of Article 26 (Advanced Notice of Dismissal) shall not apply to workers who fall within the purview of each of the following subparagraphs:
1.
2.
3.
4.
5. a worker in a probationary period
Presidential Decree to Labor Standard Act
Article 16 (Definition of Probationary Worker)
For the purposes of subparagraph 5 of Article 35 of the Act, the term "probationary worker" means a worker for whom less than three months have passed since the start of his/her probationary period. |
You didn't quote all of Article 35. Number 3 states the following.
3. a worker who has been employed as a monthly-paid worker for less than six months; |
Sorry, but I think I have to remind you,
'A worker who has been employed as a monthly-paid worker for less than six months' doesn't mean the person is a probationary worker.
By the way, there is no legal limit on the length of probationary period. |
I'm not sure what you're getting at or what you feel you need to remind me of. The court uses the 6 month period for people working on a monthly salary contract. If you've heard of other cases where this didn't apply (particularly with teachers or some sort), I'd be interested in hearing about them. Personally, I've never heard of a foreign English teacher who was able to claim the 30 day notice period who had been working less than 6 months and I've met people who tried. |
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[email protected]
Joined: 16 Nov 2014
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| Posted: Sun Jan 25, 2015 3:13 am Post subject: Re: Fired! What next... |
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|
| Troglodyte wrote: |
| [email protected] wrote: |
| Troglodyte wrote: |
| [email protected] wrote: |
| Troglodyte wrote: |
| beentheredonethat777 wrote: |
| motiontodismiss wrote: |
| ttompatz wrote: |
If you have been there for less than 6 months you don't have any protections or a leg to stand on. Under 6 months and even as an employee you are considered to be "Probationary" and subject to release without notice or cause. Pray you get your LOR and can find other work.
. |
Probation is three months max. |
^^. Who told you this?
Probation is six months. "probationary period is six months" and employee can be released without warning or reason by law |
You are correct that it's six months and that you can be released without ADVANCED notice (i.e., they can fire you on the spot but they do have to notify you) but they can't fire you without a reason (and a justified one at that). |
Labor Standard Act
Article 35 (Exceptions for Advanced Notice of Dismissal)
The provisions of Article 26 (Advanced Notice of Dismissal) shall not apply to workers who fall within the purview of each of the following subparagraphs:
1.
2.
3.
4.
5. a worker in a probationary period
Presidential Decree to Labor Standard Act
Article 16 (Definition of Probationary Worker)
For the purposes of subparagraph 5 of Article 35 of the Act, the term "probationary worker" means a worker for whom less than three months have passed since the start of his/her probationary period. |
You didn't quote all of Article 35. Number 3 states the following.
3. a worker who has been employed as a monthly-paid worker for less than six months; |
Sorry, but I think I have to remind you,
'A worker who has been employed as a monthly-paid worker for less than six months' doesn't mean the person is a probationary worker.
By the way, there is no legal limit on the length of probationary period. |
I'm not sure what you're getting at or what you feel you need to remind me of. The court uses the 6 month period for people working on a monthly salary contract. If you've heard of other cases where this didn't apply (particularly with teachers or some sort), I'd be interested in hearing about them. Personally, I've never heard of a foreign English teacher who was able to claim the 30 day notice period who had been working less than 6 months and I've met people who tried. |
You are correct.
My apologies for the confusion, I thought we were still talking about probationary workers. |
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tanklor1
Joined: 13 Jun 2006
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| Posted: Tue Jan 27, 2015 9:59 pm Post subject: |
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| Wait? You're going pay them money for the flight to Korea? So you're working for free till the end of February? |
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Drew345
Joined: 24 May 2005
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| Posted: Tue Jan 27, 2015 11:00 pm Post subject: |
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If a person is fired, wouldn't they then be eligible to look for another job immediately? Would they still need a "letter of release" even after being fired? It seems like being fired would be the best outcome here because they could look for another job immediately without having to "pay" for the letter of release.
I realize there must be something wrong with my logic there, but not sure what is wrong. Can someone look for another job immediately after being fired?
Thanks,
Andrew |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Wed Jan 28, 2015 12:46 am Post subject: |
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| Drew345 wrote: |
If a person is fired, wouldn't they then be eligible to look for another job immediately? Would they still need a "letter of release" even after being fired? It seems like being fired would be the best outcome here because they could look for another job immediately without having to "pay" for the letter of release.
I realize there must be something wrong with my logic there, but not sure what is wrong. Can someone look for another job immediately after being fired?
Thanks,
Andrew |
Being fired isn't sufficient. The LOR has to state that the current employer is ok with you transferring your work permit to another employer.
But, if you are fired without just cause and you can convince the LB of it, then you might have a chance to transfer without a LOR from your ex-boss. |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Sat Jan 31, 2015 5:06 am Post subject: Re: Fired! What next... |
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| ttompatz wrote: |
If you don't get a LOR (they are NOT legally required and not obligated to give you one) |
They are if he was wrongfully dismissed, surely?
-or at least the labor board will allow him to transition to a D10.
They didn't give him one months notice. that's illegal. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat Jan 31, 2015 7:25 am Post subject: Re: Fired! What next... |
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| Chaparrastique wrote: |
| ttompatz wrote: |
If you don't get a LOR (they are NOT legally required and not obligated to give you one) |
They are if he was wrongfully dismissed, surely?
-or at least the labor board will allow him to transition to a D10.
They didn't give him one months notice. that's illegal. |
The remedy for an illegal termination is reinstatement NOT a LOR.
The easiest way around it for the employer is to simply pay the month's pay in lieu of notice.
Yer thinkin like a one a them waygooks.
. |
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