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a long winded severance problem!
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rhian



Joined: 22 Jan 2004

PostPosted: Sat Nov 20, 2004 10:33 pm    Post subject: Reply with quote

chronicpride: yes i'm still reading! what are those guys on?

davy teacher: thank for your offer. luckily, i do have a korean friend who works for the tax office here and has excellent English and is willing to help out.

i've come to the conclusion that the thing to do is get my pay on tuesday and confirm with the boss exactly what he intends to do.

problem is though, what if he says he's gonna pay it and then doesn't?

gonna be tough to resolve come my last day with only two days left in the country.

should i get the labour board involved anyway just to help ensure the smooth sailing?
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Sat Nov 20, 2004 11:00 pm    Post subject: Reply with quote

Sit him down tomorrow Rhian & say, look, this is the contract I signed & this is your legal requirement. 2,000,000 severance. If theres an issue with the recruiter having lied thats between the director & the recruiter. If the director balks, promise him lots of grief through the labor board & blanket blacklisting. Be firm, fair, & insistent. Chances are he'll be forthcoming. Let us know how it goes.
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Sat Nov 20, 2004 11:04 pm    Post subject: Reply with quote

Davy gave the best option for forcing the hagwon into a corner. The labour board will likely back you up, but then again they may not.

Labour board won't be much help against the recruiter as they simply provided a service to and didn't actually employ you.

Best option may be to take the hagwon and the recruiter to small claims court and let a judge decide which party is liable to pay you the difference.

M&M has been ripped apart on this board quite a bit. It might help you to search for M&M threads.

Cheers
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chronicpride



Joined: 16 Jan 2003

PostPosted: Sat Nov 20, 2004 11:14 pm    Post subject: Reply with quote

I'd go to the Labor Board on the merits of your forged contract and tax evasion, not just the severance question.

Your position is greatly weakened, once your visa is up. Regardless over how you may feel about your director outside of contract dealings, I would not expect any favorable outcome, considering that the operating contract is not in your favor.

This is a bad situation that rarely comes out for the best. In fact, more often than not, the teacher-director relationship feels the most strain at the end, even if things have been positive for the past 11 months.

They (school and recruiter) are gambling that you won't cause a fuss. I'd bring the issue up with him again, and gauge his feedback. But don't threaten him with Labor Board, then. Because, of course, he will retract his comments and give a false promise to pay severance, knowing that you only have a day or two to anything about it, if he defaults at the end. And the official contract is on his side. You need more than 2 days to debunk the forgery and tax evasion issues, and get the LB to intervene, IMO.

Gauge his feedback this week (without hinting at what your options could be), and act accordingly in your final month. No one likes to leave things on a sour note, but this is an exceptional case that has no glimmer of hope.
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turtlepi1



Joined: 15 Jun 2004
Location: Abu Dhabi, UAE

PostPosted: Sun Nov 21, 2004 1:11 am    Post subject: Reply with quote

just a thought but depending on the contract you have if the legal language is the Korean contract it doesn't matter too much what yours says unless it is very clear and there is an obvious misrepresentation between the two that they can't chalk up to language.
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rhian



Joined: 22 Jan 2004

PostPosted: Sun Nov 21, 2004 1:16 am    Post subject: Reply with quote

maybe i could get the labour board invloved under the pretence that i'm actually helping my director, too.

he has said that as the recruiter made the "mistake", the recruiter must pay the severance.

so, i could be checking out the law for "both our benefit".

i really don't care about my relationship with him, i just want what he owes me.
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Mankind



Joined: 18 Jan 2003

PostPosted: Sun Nov 21, 2004 6:41 am    Post subject: Reply with quote

Quote:
Also, as I commenced work on Dec 15th 2003, and will be finishing Dec 10th 2004 (before my plane ticket expires), can they get sticky as to number of days worked being maybe one or two off?


Yes it can be. If you didn't take your 5 vacation days though, problem solved.


Quote:
gonna be tough to resolve come my last day with only two days left in the country.


You can leave a sponser on your behalf in some cases.

Quote:
should i get the labour board involved anyway just to help ensure the smooth sailing?


100% yes. After you've had your discussion with your boss, let them know. Call 1350 for English help.


As for Gord and Grotto's arguement, it's simple.

The school can pay the severence monthly, as long as it is stated up front in the contract. If it's not, no dice. Very simple. Didn't read much of the arguements but thems the facts. So horray for whoever just won.

HAND Smile
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rhian



Joined: 22 Jan 2004

PostPosted: Mon Nov 22, 2004 2:26 am    Post subject: Reply with quote

aha, yup, the holiday issue. he's been trying to get out of giving me winter vacation so that is one to bring up when he gets picky, cheers.
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chronicpride



Joined: 16 Jan 2003

PostPosted: Mon Nov 22, 2004 5:29 am    Post subject: Reply with quote

If this guy doesn't follow thru, I'll come down to Andong, straighten 'em out, and then go to an authentic Andong ��� restaurant. �ȵ� ��� is the fuggin' ¯! Very Happy
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No L



Joined: 17 May 2004

PostPosted: Mon Nov 22, 2004 9:40 pm    Post subject: Reply with quote

Chronicpride, is that offer open to anyone else? If you come down to Andong and get my money from my ex-director, I'll be more than happy to treat you a dinner of Andong jjim dalk! Smile
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rhian



Joined: 22 Jan 2004

PostPosted: Mon Nov 22, 2004 10:42 pm    Post subject: Reply with quote

indeed, andong jimdak on me if ...no make that when, this all gets sorted (let's be positive, eh?)!
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rhian



Joined: 22 Jan 2004

PostPosted: Tue Nov 23, 2004 1:53 am    Post subject: the latest Reply with quote

so, i met with the director.

he says he will be paying my severance.

he is taking me to the tax office next week to see how much I owe and will be deducting that amount from my severance.

i got him to put this in writing and sign it and he was "very upset" and gave me a speech about how "not all koreans are devils" and how i'd "angered him with my lack of trust".

as for the recruiters, we will be contacting them "in a few days". he assured me "as a korean" that it is best to wait because they know they are in the wrong.

i don't know what to make of it really, but as long as i leave with what i am owed then that's ok.

let's just hope he's being sincere and doesn't have any tricks up his sleave.

thanks again for all the advice and support.
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phaedrus



Joined: 13 Nov 2003
Location: I'm comin' to get ya.

PostPosted: Tue Nov 23, 2004 2:21 am    Post subject: Re: the latest Reply with quote

rhian wrote:
i got him to put this in writing and sign it and he was "very upset" and gave me a speech about how "not all koreans are devils" and how i'd "angered him with my lack of trust".


Yeah, angered him with your lack of trust. I remember my old boss saying to me, "Don't you trust me?". Not after you threatened to fire me last month because you thought I was doing a lousy job (criticised one of your ideas). Trust. Hah!!


rhian wrote:
let's just hope he's being sincere and doesn't have any tricks up his sleave.


Believe it when you see it in your account. Although it was "certain" I was getting my severance, I got called into my boss's office before my last class on my last day for one final attempt by them to weasel me of my severance.

It never hurts to have a registration list of all the students that go to your hagwon with all their home phone numbers.... Cool Wink Shocked
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chronicpride



Joined: 16 Jan 2003

PostPosted: Tue Nov 23, 2004 2:44 am    Post subject: Re: the latest Reply with quote

rhian wrote:
so, i met with the director.

he says he will be paying my severance.

he is taking me to the tax office next week to see how much I owe and will be deducting that amount from my severance.

i got him to put this in writing and sign it and he was "very upset" and gave me a speech about how "not all koreans are devils" and how i'd "angered him with my lack of trust".

as for the recruiters, we will be contacting them "in a few days". he assured me "as a korean" that it is best to wait because they know they are in the wrong.

i don't know what to make of it really, but as long as i leave with what i am owed then that's ok.

let's just hope he's being sincere and doesn't have any tricks up his sleave.

thanks again for all the advice and support.


This guy sounds on the level, IMO. Keep an eye on what transpires after the phone call with the recruiter. And find the number of the labor board for your area, just in case the bottom falls out.

No L- I'll be happy to come down for some jjim dak and Andong soju, if I could help. Feel free to post your ex-director concerns on this thread, or start up a new one and drop the link to it, here.
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Grotto



Joined: 21 Mar 2004

PostPosted: Tue Nov 23, 2004 5:25 am    Post subject: taxes Reply with quote

Your taxes for a year at 2.0 mil a month should come out to about 1.0 mil.

3-5% Low end 720,000.....high end 1,200,000

Good luck with your situation.
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