Korean Job Discussion Forums

[wylde]

I have been working at a Hogwon for 3 weeks, there are several things that are different to what I was initially told and it seems the director is in no hurry to get my E2 visa. I have read several threads here that mention my contract is not really valid until my E2 is approved. I have signed another contract with a different school and they have already sent my paperwork to immigration for approval.

Maybe I should have asked this question before but... Too late now.

Do I have a problem?

If I tell this guy I am currently working for I'm done, does he have to pay me? Will there be any problems? Money is good fun so I would like some but it seems a little rude on my part to expect any. Advice please?

He has no legal grounds to hold me?

[Harvard Material]

Yes; you won't get paid if you mention anything to anybody. Put in the remainder of your month's expectancy to get 1 month's salary and leave. You are working illegally. He/she knows it, and you risk suffering the consequences of their actions.

Since papers have been sent to Immigration you are in a sensitive position, but you don't have an E-2 visa yet? That's the management or directors responsibility/fault, and an acceptable reason for you locating a secure position elsewhere. That will help you actually. Make it your key reason for leaving.

Don't feel 'rude' by wanting money you have worked for, but you must consider the cost of the flight they paid for you in the first place. They are going to lose a teacher, somewhat unexpectedly, and they shouldn't have to cough up the flight cost on top of that. Not certain what the legal ground is.

Since your new employeer has considered you seriously enough to submit papers to Immigration already, arrange it with your new boss to accept the cost of the flight. The new school is getting a teacher (which they would have to cover the flight cost for in one way or another), you'll get your salary and the other school is only losing out on not securing your position as originally promised - NOT an additional 1.3 million won (or whatever it cost) to bring you here.

Don't end up looking like the 'bad guy'. It is possible to get everything resolved without both parties suffering. That should be paramount.

I wouldn't want to forfeit a month's pay either Wylde. How you go about it is up to you. Give it some rational thought, and speak to your new employer about the best way to protect all persons involved. Showing a bit of concern/respect for the doubtful location you are leaving may go a long way in your new employer's eyes...good luck.

[wylde]

Thanks... I am already in Korea though, there has been no airline expense so I am not concerned about that. It is urgent that I start this new position immediately so I must leave the school. Does he have any obligation to pay me?

[RSB]

I'm not going to moralize the issue and hope no one else does, as you know the situation better than anyone on the board. There are however two separate questions that need to be looked at:

Should you be paid? You did work so the answer should be 'yes'.

Will you be paid? Probably not.

[Harvard Material]

If you worked a certain amount of hours you get paid for it. It may take a while, with intervention from an outside department or two, but you will get paid in full eventually. No airfare repayment does change the situation in your favour.
Keep it quiet and stick around until pay-day...if you can.

You are obviously in a hurry, so if you have to leave to secure the other position before you get paid you will probably get a discouraging reaction from the owner. The owner would like to keep that cash, and do anything to prevent you from getting it. Insist you get paid for the hours you did, less tax and cable, phone, etc...
Don't accept no for an answer! If you leave before the scheduled pay-day he will, most likely, not hand your salary over. You will have to fight for it to get it, and don't stop asking for it or you will never get it. Drop by the hakwon as frequently as possible. Call them, e-mail, fax, leave messages and so on. Stand your ground and demand it. It's your money, and they can't withould it even if you did work illegally.

If/when he/she refuses to pay you, you contact Immigration and explain why you left the institute - mainly no E-2 visa. Not only did they work you illegally, they want to keep your wages while you were there?!! Immigration won't like that. Hell, Immigration may even assist you in getting your money by putting you in touch with a division that deals with these kind of situations, as salary grievances are not Immigration's mandate.

I don't think you will be in a lot of trouble Wylde. You were at that institute long enough to realise you couldn't stay, so don't worry too much about being deported or anything. Maybe a fine, but I even doubt that.

Also, leaving the institute for that reason is suggesting you did not care to participate in the 'illegal practice' of that institute. Tell Immigration straight forward that you waited to go on the visa run, but it didn't happen as promised. You worked, and waited and it wasn't reciprocated. You had little choice but to look elsewhere.

Personally, in the worst case scenario, I would rather see Immigration keep my salary for a nominal fine (if you are even expected to pay one), than to let someone who milked me for 3 or 4 weeks on the job keep it.

Check out www.hagwonreport.com for names and telephone numbers.

Again...good luck!

[wylde]

thanks harvard.. take care

[bjonothan]

I worked illegally for 2 years in Korea and I have been through all of this. If you don't finish your first month I don't think you will ever see your money again. Secondly I am surprised the other guy said to call immigration. I think that doing this would be ultimately the dumbest thing you could ever do because in their eyes you shouldn't even be doing it in the first place. So basically do the month or lose the money and keep your air ticket. If your new boss can't wait he is probably not good either. When I was teaching there I was paid a flat rate of 35,000 won per hour which was paid at every school on a weekly basis. After I changed to doing this everything was sweat!