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teecee
Joined: 18 Feb 2010
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 Posted: Sun Jun 14, 2015 1:48 am Post subject: Boss hasn't paid, is allegedly canceling visa |
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| Hi, I'm in a bad situation. My boss hasn't paid me for over a month. I struggled to pay my rent the first month, and now I'm facing another month having to dig into the couch for change. I told my boss I wasn't coming in on Thursday (which was payday) if she didn't pay me. She didn't pay me. I didn't go in Friday also. My boss owes me about 4 million won. Now I've received word she has canceled my visa. What can I do? |
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ghostrider
Joined: 27 Jun 2011
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| Posted: Sun Jun 14, 2015 2:12 am Post subject: Re: Boss hasn't paid, is allegedly canceling visa |
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| teecee wrote: |
| Hi, I'm in a bad situation. My boss hasn't paid me for over a month. I struggled to pay my rent the first month, and now I'm facing another month having to dig into the couch for change. I told my boss I wasn't coming in on Thursday (which was payday) if she didn't pay me. She didn't pay me. I didn't go in Friday also. My boss owes me about 4 million won. Now I've received word she has canceled my visa. What can I do? |
Your boss may have informed immigration that you no longer work for her in which case your visa is only valid for two more weeks and you must leave the country within that time period. You should visit immigration and try to get an extension. You could try switching to a D-10 (looking for work visa). Also visit the labor board and file a complaint against your boss for unpaid wages. |
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Bongotruck
Joined: 19 Mar 2015
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| Posted: Sun Jun 14, 2015 2:17 am Post subject: |
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OP sorry to hear about your troubles but good on you for telling your boss where to stick it.
Is the school actually in trouble or is he spending it all on hookers and blow? |
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teecee
Joined: 18 Feb 2010
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| Posted: Sun Jun 14, 2015 2:39 am Post subject: Re: Boss hasn't paid, is allegedly canceling visa |
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| ghostrider wrote: |
| . You should visit immigration and try to get an extension. You could try switching to a D-10 (looking for work visa). Also visit the labor board and file a complaint against your boss for unpaid wages. |
Yes, a D10 would be great if I can get it. I will be contacting the Labor Board also. Thanks. |
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teecee
Joined: 18 Feb 2010
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| Posted: Sun Jun 14, 2015 2:47 am Post subject: |
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| Bongotruck wrote: |
OP sorry to hear about your troubles but good on you for telling your boss where to stick it.
Is the school actually in trouble or is he spending it all on hookers and blow? |
Hookers and blow. |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Sun Jun 14, 2015 3:51 am Post subject: Re: Boss hasn't paid, is allegedly canceling visa |
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| teecee wrote: |
Yes, a D10 would be great if I can get it.. |
A D10 takes 3 weeks.
Afaik you should be able to get one only if you first file a complaint with the labor office. |
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teecee
Joined: 18 Feb 2010
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| Posted: Sun Jun 14, 2015 4:03 am Post subject: Re: Boss hasn't paid, is allegedly canceling visa |
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| Chaparrastique wrote: |
A D10 takes 3 weeks.
Afaik you should be able to get one only if you first file a complaint with the labor office. |
A D10 requires a letter of release though from a boss and I doubt I will be able to get that. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Jun 14, 2015 4:12 am Post subject: |
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OP:
If you do nothing and your boss informed immigration that you quit then you have 14 days in which to leave Korea.
If you go to immigration and report your change of employment (unemployment) that automatically becomes 30 days.
File your complaint with the labor office for unpaid wages.
Then you can go to immigration and on the basis of your labor office complaint switch to a D10. This will allow you to find other work AND remain in Korea to chase your boss through the labor system for unpaid wages.
. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sun Jun 14, 2015 4:46 am Post subject: Re: Boss hasn't paid, is allegedly canceling visa |
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| teecee wrote: |
| Hi, I'm in a bad situation. My boss hasn't paid me for over a month. I struggled to pay my rent the first month, and now I'm facing another month having to dig into the couch for change. I told my boss I wasn't coming in on Thursday (which was payday) if she didn't pay me. She didn't pay me. I didn't go in Friday also. My boss owes me about 4 million won. Now I've received word she has canceled my visa. What can I do? |
You have made a mistake in not coming in to work. Although your boss still owes you back pay, it might also be understood that you have quit.
I recommend that you remedy the situation as follows.
-Go to the LB first thing in the morning and file a complaint that you haven't been paid.
-DO NOT say that you refused to go to work on Thursday and Friday. If the topic of you missing work comes up, say that you were sick and that you informed your boss of it.
If you file a complaint and THEN get fired, you will almost certainly get permission from immigration to transfer your visa.
If you have worked for at least 6 months, you need to be given 6 months notice. If you have worked for less than 6 months, your boss doesn't need to give you advanced notice but they DO need a justified reason. If you have filed a complaint at immigration for not having been paid, the LB will assume that you've been fired in retribution for going to the LB. That's a big no-no in their eyes so they will almost certainly consider that you've been fired without justification.
How do you know that your visa has been canceled? How did you receive word? If you've been fired, your boss has to actually inform you of the fact.
If you haven't already done so, you should change the lock on your door (or the combination if it's an electronic lock). Chances are that your boss has a key or that she can get one from the landlord (since the apartment is likely in her name). |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Sun Jun 14, 2015 5:00 am Post subject: Re: Boss hasn't paid, is allegedly canceling visa |
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| teecee wrote: |
| Chaparrastique wrote: |
A D10 takes 3 weeks.
Afaik you should be able to get one only if you first file a complaint with the labor office. |
A D10 requires a letter of release though from a boss and I doubt I will be able to get that. |
You don't need a letter of release if you file a complaint with the labor office first. I'm told that they give you a piece of paper that you include with your D10 application.
If you get a D10 then you will not need new documents, of course. |
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teecee
Joined: 18 Feb 2010
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| Posted: Sun Jun 14, 2015 5:09 am Post subject: Re: Boss hasn't paid, is allegedly canceling visa |
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| Chaparrastique wrote: |
You don't need a letter of release if you file a complaint with the labor office first. I'm told that they give you a piece of paper that you include with your D10 application.
If you get a D10 then you will not need new documents, of course. |
Thanks very much Chaparrastique! |
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teecee
Joined: 18 Feb 2010
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| Posted: Sun Jun 14, 2015 5:35 am Post subject: Re: Boss hasn't paid, is allegedly canceling visa |
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| Troglodyte wrote: |
| teecee wrote: |
| Hi, I'm in a bad situation. My boss hasn't paid me for over a month. I struggled to pay my rent the first month, and now I'm facing another month having to dig into the couch for change. I told my boss I wasn't coming in on Thursday (which was payday) if she didn't pay me. She didn't pay me. I didn't go in Friday also. My boss owes me about 4 million won. Now I've received word she has canceled my visa. What can I do? |
You have made a mistake in not coming in to work. Although your boss still owes you back pay, it might also be understood that you have quit.
I recommend that you remedy the situation as follows.
-Go to the LB first thing in the morning and file a complaint that you haven't been paid.
-DO NOT say that you refused to go to work on Thursday and Friday. If the topic of you missing work comes up, say that you were sick and that you informed your boss of it.
If you file a complaint and THEN get fired, you will almost certainly get permission from immigration to transfer your visa.
If you have worked for at least 6 months, you need to be given 6 months notice. If you have worked for less than 6 months, your boss doesn't need to give you advanced notice but they DO need a justified reason. If you have filed a complaint at immigration for not having been paid, the LB will assume that you've been fired in retribution for going to the LB. That's a big no-no in their eyes so they will almost certainly consider that you've been fired without justification.
How do you know that your visa has been canceled? How did you receive word? If you've been fired, your boss has to actually inform you of the fact.
If you haven't already done so, you should change the lock on your door (or the combination if it's an electronic lock). Chances are that your boss has a key or that she can get one from the landlord (since the apartment is likely in her name). |
Thanks for the info Troglodyte. I have been told by other co-workers that they were informed that my visa has been cancelled. Yes, I've worked there more than 6 months. I will go to the Labor Board real quick and get that process started. |
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Smithington
Joined: 14 Dec 2011
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| Posted: Mon Jun 15, 2015 4:51 pm Post subject: |
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| ttompatz wrote: |
OP:
If you do nothing and your boss informed immigration that you quit then you have 14 days in which to leave Korea.
If you go to immigration and report your change of employment (unemployment) that automatically becomes 30 days.
File your complaint with the labor office for unpaid wages.
Then you can go to immigration and on the basis of your labor office complaint switch to a D10. This will allow you to find other work AND remain in Korea to chase your boss through the labor system for unpaid wages.
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This.
If you are not working go and do this today! Or at least get the labor board matter done today. Apply for your D-10 tomorrow.
I wouldn't sweat things too much. The D-10 is the ticket, but don't waste time. |
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Smithington
Joined: 14 Dec 2011
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| Posted: Mon Jun 15, 2015 4:59 pm Post subject: |
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Another thing is this: a D-10 is attractive to employers. It says that you are here and your documents are ready and already approved by immigration. Another bonus in their eyes is they don't have to pay for your incoming flight.
Essentially, when you get a new job it's simply a matter of an E-2 transfer. No new criminal checks, notarized documents, etc. It's the best development kimmi has done in the ten or more years I've been here.
When posting your resume on this site or worknplay be sure to put "E-2 visa transfer" at the top of the page.
Keep us updated, bro. Hopefully you will bounce back quickly. |
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teecee
Joined: 18 Feb 2010
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| Posted: Mon Jun 15, 2015 6:13 pm Post subject: |
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| Smithington wrote: |
Another thing is this: a D-10 is attractive to employers. It says that you are here and your documents are ready and already approved by immigration. Another bonus in their eyes is they don't have to pay for your incoming flight.
Essentially, when you get a new job it's simply a matter of an E-2 transfer. No new criminal checks, notarized documents, etc. It's the best development kimmi has done in the ten or more years I've been here.
When posting your resume on this site or worknplay be sure to put "E-2 visa transfer" at the top of the page.
Keep us updated, bro. Hopefully you will bounce back quickly. |
Thanks for the encouragement folks. I will keep you posted. |
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