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Unfair dismissal? What......

 
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harryh



Joined: 16 Jan 2003
Location: south of Seoul

PostPosted: Sun Feb 06, 2005 3:54 am    Post subject: Unfair dismissal? What...... Reply with quote

is my postion? What options do I have?

I am currently working at an institute in Seoul.

On Friday 4th February, 2005 I was given my 30 days of notice to leave.
My contract finishes on April 16th, 2005. Therefore will be forced to leave about one month before the end of the agreement.

I was told that I am NOT BEING FIRED (was told that they need a new teacher to commit until the end of February, 2006. So they need to hire a new teacher to start March 1st ((new work schedule starting)).

I stated that I AM MORE THAN WILLING to complete my contract!

After I was verbally told of my leaving date, I asked for written confirmation that the rest of my contract will be honored.
I have subsequently asked for this on five occasions, and as of yet, I haven't received it. Now, I am suspicious as many 'promises' during the course of this contract have been broken.

If I don't receive full payment for the rest of my contract, airfare, and severance, would it mean unfair dismissal? What are my options should there be a breach of contract?

Kind regards,

Harry
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Sun Feb 06, 2005 4:00 am    Post subject: Reply with quote

What does your contract say regarding the school's termination of your contract? What are they required to do in order to get rid of you? Most contracts I've had stipulate that this can only be done because of the teacher's poor performance or some other fault. You need to look at your contract and find out specifically how they are in breach of it. Then take your case to the labor board if it cannot be resolved.
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chronicpride



Joined: 16 Jan 2003

PostPosted: Sun Feb 06, 2005 4:08 am    Post subject: Reply with quote

Harryh, the director is obviously trying to get out of the financial obligation of severance and airfare. This is a well refined trait of some shady directors. As JB said, review your contract wording about termination, and make sure that you call the Labor Board if it appears that you are not getting anywhere.

Also, recruiters are probably pushing this school right now on prospective teachers, so it would be kind if you were to post the name of the school here, so job-hunting teachers can factor these recent developments into their decision-making processes.
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harryh



Joined: 16 Jan 2003
Location: south of Seoul

PostPosted: Sun Feb 06, 2005 4:16 am    Post subject: Reply with quote

Thanks for your replies!

My contract states the usual for dismissal. Eg, failure to attend classes, intoxication, etc. All things that I haven't done. Therefore they have no grounds on which to fire me. The only thing which could happen between now and the end is an allegation of misconduct, I guess. However, he (the director) has said that I'm a good teacher, hard worker etc.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sun Feb 06, 2005 4:40 am    Post subject: Reply with quote

They also have to give written notice. Verbal notice is not legal.

When a hogwan gives notice it must be in writing signed and dated. Verbal notice doesnt mean squat.

Contact the labour board...they will probably get you your severance and airfare.

Good luck and keep us up to date.

the ministry of labour website is:
http://www.molab.go.kr:8787/English/cont/sub_1.jsp

Phone number to the foriegn worker section is:Tel : 02-2110-7080~7081
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margaret



Joined: 14 Oct 2003

PostPosted: Sun Feb 06, 2005 9:10 am    Post subject: Reply with quote

Yes, please tell us the name of the school and perhaps save some other poor sucker from the same fate.
Margaret
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phaedrus



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

PostPosted: Sun Feb 06, 2005 5:18 pm    Post subject: Reply with quote

This is obviously a crooked owner. This is the type of guy that ruins things for honest employers. People yet to come to Korea read stuff like this, and come here expecting the worst with a defensive attitude.

Please post the name and location of your school so that all can avoid them, and not mistake them for any good schools.
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chronicpride



Joined: 16 Jan 2003

PostPosted: Sun Feb 06, 2005 5:37 pm    Post subject: Reply with quote

I received a PM from the OP about publicly revealing the identity of the school. Apparently, there are other people at his workplace that read this site and he may compromise his current situation, if he were to bear all, at this time. The school has already secured a replacement teacher and the OP wants to wait and see how everything plays out in his final month(s), before he considers posting anything damning and revealing.
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phaedrus



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

PostPosted: Sun Feb 06, 2005 5:46 pm    Post subject: Reply with quote

chronicpride wrote:
I received a PM from the OP about publicly revealing the identity of the school. Apparently, there are other people at his workplace that read this site and he may compromise his current situation, if he were to bear all, at this time. The school has already secured a replacement teacher and the OP wants to wait and see how everything plays out in his final month(s), before he considers posting anything damning and revealing.


That's realistic. To the OP, don't back down. You deserve your ticket and severance. At the very least you should get a percentage of it. About 90%.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sun Feb 06, 2005 6:37 pm    Post subject: Reply with quote

if not 90% then at least 11/12 of the total Wink

go for the bigger slice of cheese
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phaedrus



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

PostPosted: Sun Feb 06, 2005 7:29 pm    Post subject: Reply with quote

Grotto wrote:
if not 90% then at least 11/12 of the total Wink

go for the bigger slice of cheese


Embarassed

Wow! Fractions! Very Happy
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paperbag princess



Joined: 07 Mar 2004
Location: veggie hell

PostPosted: Sun Feb 06, 2005 7:48 pm    Post subject: Reply with quote

call 1350 it's the labour board. they have a queue and you will get an "english" speaker.
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