Korean Job Discussion Forums

[Unreal]

My co-worker just called me and told me that she was called to the boss's office in the middle of a class today to be told that she would be released in 3 weeks (when the new teacher arrives basically). According to our contracts I don't see any way they can justify getting rid of her except for some vague "misconduct" clause. They ran a half dozen excuses by her but generally it seemed to be because of her inability to stop kids in the class from swearing in Korean...some kids told their parents that other kids were swearing and now the parents are not happy with the teacher.

She wants to leave immediately and find another school but I believe she needs a letter of release from the current employer before she can work for another. Does she have to cater to the owner's demands and work for 3 more weeks just for this letter? I think it will be incredibly hard for her to work any more knowing that she's got nothing to work towards, teaching the same rotten kids who basically screwed her over.

What is the best course of action for her at this point?

[panthermodern]

Get a release letter and find another job is the only practical answer.

Fight your battles when you have time.
Leave, comeback and then fight.

[Grotto]

how long has she been at the school?
From the info you gave it sounds like she has a good case to take to the labour board.

[Unreal]

[Derrek]

If she has only been there 3 months, then she shouldn't bother with the labor board.

The school obviously is not backing her up with discipline. The best thing for her to do is understand that she is not getting the back-up she needs from the school, and its best to find a new place. If she is fired, that's a good thing. It means she can seek a better job. I don't see her job prospects necessarily injured by this. Korean owners know there are bad schools out there, and if she is asked why she was fired, she should be honest about the situaiton and say that the school didn't back her up.

Best to put this situation behind, find a new job, etc. I wouldn't want to work for that place. No reason to stay and fight for it. What could she gain? She wouldn't win anything, but even if she went to the labor board, it'd be a month before they got to the case. What will she do in that time? The school, I'm assuming, doesn't owe her any money.

In your first 6 months, the can hire and fire you at will.

Just move on and be glad you're out of there. And don't take the firing personally. If the owner/director is too butt stupid to figure out that you can't speak or understand Korean swear-words, then they're exactly that -- butt stupid. If you have someone working for you from another country, and they don't know the language, they're going to need backing-up on this type of stuff.

[Grotto]

Some labour boards have been enforcing Korean law after 3 months. IE 30 days notice etc.

What it sounds like from the OP is that the school has the teacher they want coming in and probably hired her as an interim teacher until their dream guy/gal could arrive. Shady but it happens.

[Derrek]

[Grotto]

She could get the 30 days extra pay for being terminated without proper notice. Thats the only reason I would recommend going to the labour board.

[Saxiif]

I thought they needed a 30 day notice? Anyway, shouldn't be a bit deal as long as they don't screw her over pay-wise, just get another job.

[Unreal]

In her contract:

"Notification Requirement: Employer or Employee may annul the contract by giving a minimum of two (2) months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment include but are not limited to: blatant or gross misconduct, conducting classes under the influence of intoxicants such as alcohol or illegal drugs, continual tardiness and/or absence from assigned classes. If the Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract."

Giving her only 3 weeks notice is a violation of her contract and the reasons for releasing her are inadequate as she has not misconducted herself in any major way.

I agree that the best thing for her personally is just to move on as who wants to stay where you're not wanted? But at the same time our boss pushes everyone around and I'd like to see someone put him in his place.

[Grotto]

I would definately tell her to file with the labour board or at least threaten her boss with a claim. Maybe she can get some extra cash.

With that clause in her contract they are definately in violation of her contract.

[bosintang]

If I was her, I'd accept the three week firing as long as they gave her a post-dated release letter, right now If they argue with her about it, she should show them her contract, and also tell them that by law they have to give her 30 days notice.

But assuming she gets the release letter, why mess around with the labour board? At best they keep her another week before letting her go. Would that really be desirable and worth her effort and tears at the LO? If she accepts her fate and receives the LOR now, she has time to find another job and get settled.

[Kimchieluver]

I can almost say with certainty to get a Lettter of Release ASAP and start looking for another job. I wouldn't bother with the labour board unless they refuse to let her go right away or sign the letter of release.

If she has pay coming to her within the next three weeks get the LOR post dated and ride out the next 3 weeks (if she wants to). If they don't give her the LOR, then she should go to the labour baord or threaten too.

She can get a Letter of Release form at TEFL- LAW's website.

[Derrek]

Sign and have them stamped with the red Korean stamp in both English and Korean:


LETTER OF RELEASE
Letter of Consent to Release Foreign English Teacher
Name of Teacher:
Nationality:
Passport No.:
Address:
Telephone No.:

The above-person has been working at our school/academy from __________ to _______________ in the position of Foreign English teacher. We hereby give our consent to the transfer of said person to work for another English school/academy.

Dated: _____, 2003
Name of English Academy
Address of School
_______________________________
Representative
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[keithinkorea]

If the Op's friend has any problems in obtaining the LOR then she should certainly mention the labour board. Often the mere mention of the LB scares the willies out of a shady hogwan owner.

If the LOR is forthcoming then she should just cut her losses.