Korean Job Discussion Forums

alecng · Joined: 24 Jun 2003

Hello everybody, my name is Alec. Currently, I work in Daejoen. I've been to Korea for about four and a half months. The payment for the first two months were fine, until December, I've only got 80% of my pay. As for January, my boss kept delaying my payment. My pay day is supposed to be on the 10th. Recently I've heard some bad rumors about how my boss kept delaying people's pay (not just foreigners, actually all his staff!!!). I'm wondering if it comes to the worst, (ie. he still doesn't pay me at the end of February) what can I do? Is there any government ministry that I can report him? What is my chance of getting the full pay after I report him? Thank you.

Al

bosintang · Posted: Fri Feb 18, 2005 9:03 am Post subject:

Follow that link at the top of this page. http://efl-law.com The EFL-Law guy is better qualified to give advice than anyone on this board.

However FWIW, the first thing *I* would do if I were you is to stop working. It's probably inevitable that you are working for free at this point.

the eye · Joined: 29 Jan 2004

well, bosintang, you have just illustrated poor advice yourself.

to the OP: DO NOT STOP WORKING!

doing so will hurt you in the long run if the labor board becomes involved.
what you need to do is keep all the records of the salary that has been paid. before the labor board will get involved, pay must be more than 14 days late. such is your case.

hopefully your boss speaks enough english for you to have a discussion with him about this issue. diplomacy is recommended on your part. if you do not get the answers you need, you should take your contract and pay records to the labor board. they will telephone him and try to solve the problem.

it sounds like your school is going out of business.
here is the ministry of labor site:
http://www.molab.go.kr:8787/English/law/sub_1.jsp

Real Reality · Joined: 10 Jan 2003 Location: Seoul

alecng,
Others have experienced similar things in Korea.

Poll: Have you been paid late in Korea?
1. Never - I must be lucky! .................................. 30%
2. Once or twice - no big deal, minor annoyance... 23%
3. Several times - hate it! ................................... 20%
4. Several times - but I understand the culture, doesn't bother me.... 6%
5. Many times - sigh.............................................16%
6. WTF! I've never been paid on time! ARGH!!!!!!!! 2%

The Great Wall of Whiner wrote,
My last job in Korea went something like this:
ME: Tomorrow is my payday! I can't wait to go out for a nice meal!
BOSS: Yes! I almost forgot! After work tomorrow is your pay money.

next day...
ME: Hi. I'm here to collect my pay.
BOSS: Oh! So sorry! I forgot! I give to you on Monday.

next Monday...
ME: Hi. Can I have my pay now please?
BOSS: Ohhh! Again sorry! Tomorrow..tomorrow..bad memory..

next day...
ME: Please pay me now.
BOSS: Uh, only I can pay you 400,000. Is that ok? Next week, I give you all the rest.

This went on for months until things came to a boil...
So I have a bitter taste when it comes to hagwons in Korea.
(Posted: Fri Apr 09, 2004 12:56 am)
Have you ever been paid late in Korea?
http://www.eslcafe.com/forums/korea/viewtopic.php?t=18732

From EFL-LAW (Frequently Asked Questions)
My employer has not paid me on the due date. What can I do?
Your employer has not paid you on the specified contractual date. The employer has breached a substantial condition of your contract. You have asked for payment but received none nor received any information that satisfies you as to when and why the payment is not forthcoming. At this stage you may wish to consider tendering the required days notice of contract termination, unless you are satisfied as to why the payment has been delayed. See the Bilingual document prepared for this situation. (If you are on E1 or E2 visa, do not resign.)

If you still receive no money despite your requests, you should attend at the Korean Labor Office with a copy of your contract, visa and passport. Read the 'this page' for detailed information about the processes involved, and what you must do. At this stage do NOT resign your job, rather seek advice and help from us - Immigration and other agencies what your best options are.
http://www.efl-law.com/faqans1-2.html

http://www.efl-law.com/faqans_lab-off.html

guangho · Posted: Fri Feb 18, 2005 7:48 pm Post subject:

Give the guy 14 days. Tell him that on day 15 you are calling in sick and going to the labor board. On day 15, do actually call in sick and go to the labor board. Nothing is worse for you than making an empty threat. But try not to burn bridges. This is a small country.

prairieboy · Joined: 14 Sep 2003 Location: The batcave.

You could also contact the education board in your district and tell them that the school can't afford to pay teachers.

This would likely get quick results but may also make things miserable for you if you stay, so consider this action carefully before taking it. If you don't have a back-up plan then you should get to work on that first.

I hope all works out for you whatever you choose to do.

Cheers

alecng · Joined: 24 Jun 2003

Hello again, thank you everybody for your advice. My case is kinda complicated. Before I came to Korea, I signed a contract with this hogwon, so I came and worked there for two months. Then the owner of that hogwon had some sort of financial difficulty, so he transfered me to another hogwon of his friend. My new boss has never asked me for my diploma or signed another contract (or any documents what so ever), right now I have no idea whether I am under my old school or the new one!!! Also another thing is that when he paid me (partially, like 400 000!!!) he gave me cash, and he never asked me to sign anyt receipt, neither did I (Should I ask him to sign some kind of receipt?). I'm wondering if there's anything I can do for the pay record? Will the labor board look at my case if I don't have any pay record? Thank you so much.

Alec

Sage Monkey · Joined: 01 Nov 2004

Real Reality · Joined: 10 Jan 2003 Location: Seoul

What if I have to work at two or more locations? Is this allowed by the rules?

a) Employees often have to work at two or more locations, but each situation must be distinguished. In the case of an EPIK employee, he/she may work at two or more different government school locations per week. The schools come within the umbrella of the Ministry of Education, so the employee can work at multiple locations. Similarly, some private schools/hagwons have their employee travel to a branch of that same hagwon, and work there. In these two aforementioned cases, the Employer must advise the Immigration of the fact within 15 days.

b) The next category is where the Employer has the Employee subcontracted to a different employer. In this case where the foreigner (teacher) who is holding an E-2 status (Teaching Foreign Languages) and must work for another hagwon, the following documents are required by Immigration; passport - foreign registration card - application form - contract paper - letters from both employers - fee of 60,000 Won.

c) The final category is when an English teacher holding an E-2 status (Teaching Foreign Languages) desires to add a working place (for example, at a different place of a different employer), the following documents are required. - Passport - Foreign registration card - Application form - Contract paper - Release letter - Reference - Fee : 60,000
http://www.efl-law.com/faqans7-8.html

prairieboy · Joined: 14 Sep 2003 Location: The batcave.

You've got troubles. Look for another job or leave the country. You really don't have much legal recourse let alone legal standing.

The contract you originally signed...you'll likely never see anything you should receive like return airfare or severance since you are illegal according to immigration.

To legally work at this other hagwon you must get permission from immigration and have it noted on your alien registration card as Real Reality has posted above. In that case you would be in a better position to take your case to the labour board.

In any event, you must be registered with the education board otherwise you cannot teach. If no one has asked to see your orginal degree to present it to the education board then you aren't registered and the hagwon is in a bad position.

Play your had very carefully and start by getting the immigration situation sorted out before taking any other steps. If you are asked by an immigration official when this change took place then tell him it hasn't yet or you may be fined heavily.

Cheers

Grotto · Joined: 21 Mar 2004

Go to the store. Get a large sharp knife. Buy a bunch of carrots and cucumbers, walk into your bosses office, start chopping up veggies and demand your pay..NOW

If he waffles start laughing hysterically and chopping madly Wink

Tell him you will continue chopping until you run out of veggies Wink

and you wont be responsible for what happens next Twisted Evil

Good luck but from the sounds of your situation you will need some extreme measures to get any cash from your boss. Once your hogwan sold you off your visa should have been cancelled to or at least transferred to the new job.

the eye · Joined: 29 Jan 2004

Alec,

if you do not have a signed contract OR a visa with the new school, you are working illegally.
you have to think back now... did you give your original boss your passport or alien registration card before he transfered you to another school?
if you didn't, then he has not been given the means to clear this transfer with immigration. the new location will be stamped into the back of your alien card if you are legally working there.

if you are not there legally, get down to your original employer pronto. tell him he is to give you all the back pay he owes as well as a termination letter with his korean stamp on it. tell him if he does not do that, you are going to report him and the new school for illegal employment.
maintain your civility.
if he does not conform, go to immi and report him. it would help if you warned the other foreign teachers there who may be in the same boat as you. even better if you can get them to accompany you to immigration. if they are working illegally, they will be penalized as well as the hogwan owner.
since you do not have any proof of what he owes you, you won't have much grounds to collect. at the very least, when you talk to your boss, get him to sign, and stamp a paper stating how much he owes you and for which months.
it is the immigration bureau that handles visa issues. they will be concerned with the illegal work issue, but it is the labor board that you must visit regarging the pay issue.

get the ball rolling as early as possible monday morning. if your boss refuses to meet with you, tell him you are going down to immigration to solve the matter without him.

you've made a lot of mistakes up to now, but you should at least be able to free yourself from this situation.

McNasty · Joined: 04 Jul 2003

alecng,

VanIslander · Posted: Sun Feb 20, 2005 7:08 am Post subject:

I don't get paid, I don't work.

You have a rep of working without getting paid. You have a part to play in this getting out of hand. Recognize it, and adapt.

If there's pay outstanding, get a firm date of payment (preferably volunteered by the employer, or if none provided, you assign), then say you need (not "must") to get paid to work.

So, given you have continued to work without getting paid, you need to give him a time period to pay up (three days, for example) after which you won't be able to work. State it several times nicely, in different ways, so the employer sees that there's a significant change in you.

After the time period you give is up, you GO IN to the workplace the next day, but if the funds aren't presented to you, you turn around and go out. Not in a huff, but with a polite "Excuse me, I can't work until I get paid. It's just not possible." The next day, the same thing, etc.

Stand firm. Seem very reasonable and accommodating, up to a point, and that it's a necessity. Do it with a smile, or at least, without getting angry. It's pretty matter of fact: no pay, no work.

Remember: be nice about it. There's no need to get angry.

You'll get your pay, and a little more respect (or at least fear).

teachingld2004 · Joined: 29 Mar 2004

Well Alex, what I would do is go in and tell him you want to be paid tomorrow. If he says no, then just tell him that you will tell what ever parent you see that he has not paid you. Or, have the children copy from the board "ALex has not been paid". Thell them to take this home and get their parents to sign it. Of corse the parents (if they see it) will want to know whati t ways, and perhaps they will call the director. But please, tell him he has 24 hours to pay you or else you will do what I said.
Good luck. ANd go to the first job and tell him to give you a release letter so you can now grab a job for March. Places are desperate now for teachers. They wait till the last minute and will hire most anyone.