Korean Job Discussion Forums

Dreyden · Joined: 10 Apr 2012 Location: Canada

I need to go to the labor board and request that I be released from my current contract (hoping to switch to a D-10). The hagwon I've been working at has only paid me 1.4 in the three months I've been here, have basically refused my resignation, won't pay for pension or health insurance, and is deducting hundreds of dollars for MERS day cancellations (given to us without notice).

On top of that there is quite a bit of illegal activity going on. None of the teachers are getting paid, including the Koreans (brand new staff as of May). When one of them quit this week the director stole some property from the teacher. Police were called and eventually the items were returned.

My utilities have been cut once since the school (or perhaps previous employees) weren't paying the rent and the bill was 700,000+ the day I moved into my (unclean and full of half eaten rotten food on the stove) apartment.

I have been preparing to go to the labor board for a few weeks, calling them to ask for questions and advice. On the phone they seemed very confident that I would win my case. I have been collecting evidence and documents as well as contact information of the others affected. I also plan on going with my fiance and her mother to sign the support documents for the D-10 transfer.

My only issue is that the labor board is only open 9-6 and I work 9-7. I don't have any breaks long enough to go during the day and I'm not sure if I can pull off a sick day (I'm fairly certain she will come check my apartment which only has a keypad with a number known by her as well)

I'm considering not going into work Monday morning and going straight to the labor office. I'm hoping they will understand the situation and grant me permission to switch to a D10.

Does anyone know how long the transfer process takes? Will it happen right there and then or will I have to wait a few weeks?

I'm not sure what will happen if I skip work. My director really wants me to stay, even offering me "secret deals" and constantly praising my teaching. However, skipping work might be enough for her to fire me. I was paid on Friday (for the first time since starting).

What will happen if I skip work to go to the labor office and get fired? Will it kill my chances for a transfer? Also, at this point I don't expect to get any of the thousands owed to me, I just want to move onto a new school.

Help and suggestions would be great!

Pianote · Joined: 29 Apr 2015

Have your Korean fiance help you file an online labor board petition. You can do this online.

First, you need to change your door code asap. It probably has instructions on it, in Korean. If you have no friends to help with this, consult your landlord. Do this so the hagwon people can't break into your apartment and steal your documents or lock you out of your only place to live.

Second, you can submit a claim to the labor board online. It is in Korean.

http://www.moel.go.kr/english/sai/saiEappOnpeti.jsp

Third, contact the national pension service.

http://english.nps.or.kr/jsppage/app/english/contact/contact_01.jsp#jisaContent I think you have to go to the pension board in person, or call them on the phone. You can click on the link and find the closest office to your neighborhood.

I myself am not being paid pension and I am have to contact the labor board and the pension office this week.

I think that if you just skip work, they will try to just fire you immediately. The problem with that is you need a letter of release. Or just marry your fiance asap and get an F visa. I think the labor board stuff takes a few weeks to work out. I heard that hagwons are more afraid of the pension board because it will come after their money faster.

Troglodyte · Joined: 06 Dec 2009

Dreyden · Joined: 10 Apr 2012 Location: Canada

Okay, so I managed to get to the labor board today with my fiance during an extended lunch break. I took the advice given to me over the phone which was to go to the local labor board for my region (northern Seoul).

Unfortunately they were not of any real help. They basically said they have no experience with foreign teachers and kept telling me to just quit. We told them that I can't quit because I'm on a visa. They said they can't do anything about visas at the labor board. They asked me to go home and write a letter (in full Korean) explaining the situation and my complaints and then send it to the office. Apparently this will eventually lead to an investigation and (hopefully) me getting the money I'm owed.

Is this the typical experience for those who go to the labor board? I thought there was a way to transfer to a D-10 if your situation was bad. Should I instead try to go to immigration? Or is there some main office I can visit instead?

ghostrider · Joined: 27 Jun 2011

I think you need to visit immigration with proof that you are involved in a labor board dispute with your boss in order to transfer to a D10. You can use the e-People service to have your complaint translated and forwarded to the labor board.
http://www.epeople.go.kr/jsp/user/on/eng/FrnPcCvreqForm.jsp

Dreyden · Joined: 10 Apr 2012 Location: Canada

Thanks for all the advice so far. I posted a complaint through the English website and hopefully that will get some attention from them in the future. In the meantime I'm going to look into talking to the immigration board and see if they can help me out as well.

Troglodyte · Joined: 06 Dec 2009

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

It has been my experience that when people go to the labor board they get sidetracked and buried in side issues (like immigration) and the labor complaint gets lost in the process.

At that point the process stalls and goes nowhere leaving the wronged employee no options other than going to China or Japan.

1) return to the labor office with 1 complaint: not being paid and being owed wages contrary to sections 17, 19, 22, and 43 of the labor standards act.
http://www.moel.go.kr/english/poli/poliLaw_view.jsp?idx=254&tab=6

1a) if you have other issues that are LABOR LAW related (look up the sections of the act) then bring them forward at this time as well, ie: violations of article "xx" subsection "yy".

1b) IF your complaint is NOT based in labor law (ie: contractual issues) then the labor office won't deal with it. It is a civil suit matter and you need a lawsuit to deal with it.

2) deal with that issue. They should have you sign some documents and supply you with some paperwork to confirm that you have made a complaint.

3) deal with that complaint at the labor office.

4) go to the local immigration office and tell them that you want to quit and change to a D10 based on your complaint at the labor office for not being paid your wages.

.

Dreyden · Joined: 10 Apr 2012 Location: Canada

First of all I just wanted to thank everyone for the very detailed and informative information. It has really been helpful in figuring out what to do.

My online petition was filed and answered very quickly and their response mirrors what you guys said here. They told me to file a complaint in-person to the local labor board aimed specifically at the unpaid wages. They also pointed me towards immigration and said they have the power to release me from my visa if they think it's appropriate.

I'll be filing a petition on Monday morning and then plan for a trip to immigration on Wednesday when I have vacation. Unfortunately my director has been unwilling to cut any deals for the letter of release yet and she won't acknowledge my resignation (the e-petition said my resignation is only effective once the director acknowledges it).

Anyway, thanks again for the help and I'll update when things progress some more (hopefully with good news)

Troglodyte · Joined: 06 Dec 2009

Dreyden · Joined: 10 Apr 2012 Location: Canada

Alright, so just to update what happened and perhaps help other people in the future.

I went to the labor board and filed a complaint solely around payment issues, they would not give me a letter until the situation had been assessed. Then I went to the labor board with my fiancee and explained the situation but they were not able to help me.

The labor board said they will not change my visa without a letter or release or until the labor dispute has been fully resolved and found in my favor. They said if that happened I would first have to change to a G-1 visa and then have my assets evaluated before being given a D-10.

I asked about leaving the country and returning later and they said if I do then the hagwon has the right to sue me and report me to immigration which may make it difficult to ever get a new visa again.

It seems as though they are a lot stricter about the D-10 then before. For those curious I went through the northern Seoul labor board/immigration office.

At this point I really have no choice but to try and work out a LOR and resignation notice from my director. As tempting it is to just run I don't want to jeopardize my ability to live here, after all it was our plan to get married here and prepare for the visa paperwork back in Canada over the next few years. I also do love living and working here, so there's a lot of incentive to stay.