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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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 Posted: Wed Jan 28, 2015 5:23 am Post subject: Terminated then asked for resignation letter.... |
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Hi guys,
I just got terminated from my job for professional misconduct (lateness). This is half fact and half fiction but I'm sure I can't prove the fiction part so I guess I need to be philosophical about that.
Long commute and a split shift? NEVER sign up for that, it would break Hercules....
Anyhoo, I have my termination letter and a sense of relief that this job is nearly at an end when my boss starts insisting that I provide a letter of resignation.
Since this company has been guilty of a fair bit of sharp practice I assume this is another scam but I can't work it out....
Last edited by Suwon Fish on Wed Jan 28, 2015 6:32 am; edited 3 times in total |
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TheMeerkatLover
Joined: 26 Mar 2009
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| Posted: Wed Jan 28, 2015 5:29 am Post subject: |
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| Should have said no. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Jan 28, 2015 6:33 am Post subject: |
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Decline to give a letter of resignation.
They are trying to cover their butt at the labor office for violations of the labor standards acts.
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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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| Posted: Wed Jan 28, 2015 6:35 am Post subject: |
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| TheMeerkatLover wrote: |
| Should have said no. |
I normally would have as it's a maternal line thing rather than a religious thing. But the guy seemed interested...
Also sorry, I deleted that passage since it's a bit of a distraction. |
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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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| Posted: Wed Jan 28, 2015 6:43 am Post subject: |
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| ttompatz wrote: |
Decline to give a letter of resignation.
They are trying to cover their butt at the labor office for violations of the labor standards acts.
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Hmmm, good call. It's not far from a month 11 firing so I guess they are trying to avoid any accrued benefits, whatever they may be.
I just read that they should have provided a letter of release at the same time they terminated me. I didn't get one of those either.
I guess I need to demand my LOR and head to immigration for looking for work visa... D10? |
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pmwhittier
Joined: 03 Nov 2011
Location: Korea
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| Posted: Wed Jan 28, 2015 4:30 pm Post subject: |
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No, they don't have to give you a LOR no matter what. They are supposed to provide you with a termination letter (just says: You're Fired!) when they fire you.
Here's the deal: If you passed the 6 month mark with them, then the employer is required to give you 30 days notice or pay you for 30 days. (unless the reason for termination is something horrible like you hit a kid) Now, if they don't give you a termination letter and you go to the labor board because they broke the law, the employer can just say, "Oops, misunderstanding! We sorry! He can have 30 days!" and then they're off the hook. Ask me how I know...
If you give them a resignation letter, then they can kick your ass to the curb that minute, no discussion about LOR, 30 days or 30 days pay. YOU GET NOTHING.
Good luck. I have found that the labor board is really meant to coach nasty Korean employers on how to work within the "grey areas" of the law. |
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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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| Posted: Wed Jan 28, 2015 8:25 pm Post subject: |
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Well, I declinded to produce a letter of resignation. This initially resulted in the staff saying they would withold my letter of release but talking to the boss smoothed that one over.
I also asked them for an accounting of all latenesses. Since half (actually more than half) of these are fictions (creative dismissal) that should have them scratching their heads for a while ^^
Grrrrr..... Why can't people just play nice and do the right thing? |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Wed Jan 28, 2015 11:27 pm Post subject: |
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| Suwon Fish wrote: |
| Grrrrr..... Why can't people just play nice and do the right thing? |
I feel the same sometimes. Instead of direct communication, they view life as a grand chess game by which everyone has to "win" over the other. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu Jan 29, 2015 12:11 am Post subject: |
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| Suwon Fish wrote: |
Well, I declinded to produce a letter of resignation. This initially resulted in the staff saying they would withold my letter of release but talking to the boss smoothed that one over.
I also asked them for an accounting of all latenesses. Since half (actually more than half) of these are fictions (creative dismissal) that should have them scratching their heads for a while ^^
Grrrrr..... Why can't people just play nice and do the right thing? |
You don't need their LOR. If you're fired in or very near to the 11th month then the LB will likely give you a similar letter so that you can transfer your visa. If you make it to the end of the full contract then you won't need a LOR either. If you are really set on taking the LOR now and leaving early (and willing to accept the losses associated with that plan) then be sure that you have an example of what a proper LOR should look like and that you exchange letters at the same time. Make sure that theirs is signed and stamped. If they give you something other than what immigration wants to see, you'll be SOL. |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Thu Jan 29, 2015 5:50 pm Post subject: |
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| Troglodyte wrote: |
| Suwon Fish wrote: |
Well, I declinded to produce a letter of resignation. This initially resulted in the staff saying they would withold my letter of release but talking to the boss smoothed that one over.
I also asked them for an accounting of all latenesses. Since half (actually more than half) of these are fictions (creative dismissal) that should have them scratching their heads for a while ^^
Grrrrr..... Why can't people just play nice and do the right thing? |
You don't need their LOR. If you're fired in or very near to the 11th month then the LB will likely give you a similar letter so that you can transfer your visa. If you make it to the end of the full contract then you won't need a LOR either. If you are really set on taking the LOR now and leaving early (and willing to accept the losses associated with that plan) then be sure that you have an example of what a proper LOR should look like and that you exchange letters at the same time. Make sure that theirs is signed and stamped. If they give you something other than what immigration wants to see, you'll be SOL. |
Wow...sounds like a hostage situation in a movie. "Let's exchange prisoners at the same time!" |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Sun Feb 08, 2015 5:55 pm Post subject: |
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| Give you a letter of release, give you a well written reference letter, and give you some financial compensation. But get those things first before you ever offer to sign any resignation letter. get those things first and then you'll promise to go back and sign it. Don't do it before no matter how insistent. You'll never hear from them again and previous verbal promises will disappear into the stratesphere. |
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