Korean Job Discussion Forums

Austin Powers · Joined: 09 Mar 2003 Location: Incheon

Ok, here's the deal. I worked at my Hogwan for 4 months when it went under. I got 3 days notice of the impending closure. Not 30 days.
So I went to the labor board to try and get my redundancy payment. This is where the fun starts.

This is what the EFL Law web site says:

If you are dismissed, Articles 32 and 35 of the Korean Labor Standards Act apply. Article 32 states you must receive 30 days clear notice or 30 days pay in lieu. That is clear and not in dispute.

Wherein lies the dispute is Article 35. There are two interpretations of this article -

The first interpretation (by the Employers and supported by most Labor Department officials) is that if you have worked less than 6 months Article 32 does NOT apply.

The second interpretation (as noted in books written in Korean and in the Labor Office) is that if you have served MORE than 2 months of your Fixed Term contract, you MUST get 30 days notice or pay.

The wonderful staff at the labor office are of course applying the first interpretation and not the second, DESPITE my having a 12 month contract.

I want them to apply the second interpretation. Does anyone know what the "books wriiten in Korean" that specify that interpretation 2 applies, are?

Has anyone out there manged to get the labor office to apply the second interpretation.

I'm sick of Koreans trying too rip us off, so I'm gonna fight this one. They picked the wrong dude to try and stiff.

FUBAR · Joined: 21 Oct 2003 Location: The Y.C.

This doesn't happen just in Korea. Whenever a company goes under, rarely do the works receive the compensation they are entitled to. I know in Canada, the workers are about 5th or 6th in line, in terms of having claims to the liquidated assets to the company.

For you, it would likely depend on the size of your hagwon. A smaller hagwon and you are likely out of luck.

kangnamdragon · Joined: 17 Jan 2003 Location: Kangnam, Seoul, Korea

I am sorry this happened to you. However, I don't see how the labour board can squeeze blood out of a turnip. Even if the owner had money, he would hide it in his wife's name.

peppermint · Posted: Sun May 23, 2004 8:25 pm Post subject:

Maybe your girlfriend works there?

Mankind · Joined: 18 Jan 2003

PatrickSiheung · Joined: 21 May 2003

I agree, you're fighting for extra money and it's not really worth it. I hope your boss doesn't realize you tried to squeeze some cash out of him... if he's aware of your stunt it's now unlikely he will give you a good reference for another school.

It would be much better for you to wish him the best and ask for his good word when you apply for another job.

sadsac · Joined: 22 Dec 2003 Location: Gwangwang

Less than 6 months, you are not going to get your 30 days in leiu of notice. It is not worth pursuing. You are getting stressed and angry over something that ou cannot win. Get on with getting another job and best of luck. Smile

Grotto · Joined: 21 Mar 2004

Okay
you do deserve 30 days notice...since you did not get it lets focus on the important points

Did you recieve a letter of release?
Do you still have your apartment?
Can you find another job?

Now I know how you feel...you were only 8 months away from going home with a nice chunk of change and you feel betrayed and back at square one.

I know it sounds bad but either make lemonade or go home Sad

Myself I would probably confront my ex-boss and explain to him the joys of pain. If he does not want to have a joyful time he had better cough up the cash Twisted Evil