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dimnd
Joined: 19 May 2005 Location: Western USA
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Posted: Tue May 24, 2005 11:47 am Post subject: edited |
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edited
Last edited by dimnd on Wed May 07, 2008 1:20 am; edited 1 time in total |
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buymybook
Joined: 21 Feb 2005 Location: Telluride
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Posted: Tue May 24, 2005 3:10 pm Post subject: Advice |
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They may have every intent to screw you in the end but don't do anything that will piss them off until they give you a 30 dismissal notice or you give them your 30 day notice and are gone or not working there anymore. When you do not work there anymore then go to the labor office. If you go before you may not ever get anything. If you go after the same may be true. You could politely threaten you employer that you are going to go to the Labor Office. They may not care and may laugh at you because most Hagwons don't care about the labor law or most other laws. Hopefully you have some money that you can wire/send your son, he may need it like me. My parents don't send me S***!
Get the directions to your local Labor Office and if you can, find a Korean[preferably a male because the LO or any other possible future place you may need to go(court) may not respect a woman/girl/girlfriend] who will help. Immigration acccused me of having a Korean girlfriend while I was trying to convince them that they should allow me to have an E-2 Visa. Many Korean people or government offices will try to think of any reason to F*** you since you are the Foreigner.
I'm assuming you don't know the Korean language! You should realize that most Koreans who says they will help you may not. And, even if they do they will probably eventually quit so you will either need money to pay for such a person(possible lawyer) or find additional folks to help you. You should decide early in this process whether you want to take on this battle because you are alone and many people may tell you to quit(especially Koreans). Hopefully your situation will not turn too ugly!
Immigration is probably not on your side they don't care about you and most likely will not help you. Even with a favorable ruling by the Labor Office your employer can tell Immigration you "quit and ran away" from your job which immediately "blacklists" you. Yes, I understand that this would in affect be telling one government office one thing and a different government office another(suppose they fire you, they will need to try and justify to the LO that they legally fired you).
The process can be long(30-90 days), the Labor office may ask you(like they did me) to get the contract translated and written in Korean. The labor office ruled in my favor but guess who never paid. They would rather pay the fine, it may be cheaper. You should know that if the place you work has 5 employees or less the Labor Office cannot do much for you according to the law, but if they rule in your favor their decision could be helpful for you in civil court. To find your local Labor office call 1350(since he is in Gumi, I'm not sure how to contact the Labor Office) on your home phone and ask for English. Get to the closest place they tell you(subway/bus) and then if necessary take a taxi, ask for an "interpreter." That should get you there.
Last edited by buymybook on Tue May 24, 2005 3:23 pm; edited 1 time in total |
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Real Reality
Joined: 10 Jan 2003 Location: Seoul
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Posted: Tue May 24, 2005 3:17 pm Post subject: |
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Gumi Regional Office
Tel. 82-54-457-0009 / Fax. 82-54-456-4681 / Zip Code : 730-090
51 Songjeong-dong, Gumi-si, Gyeongsangbuk-do, Korea
Extent of Jurisdiction: Gumi-si, Gimcheon-si
Ministry of Labor
http://www.molab.go.kr:8787/about/about_06_05.jsp
Foreigners Experience Difficulties in Living in Korea
Overall living conditions, including education, housing, medical care, transportation, immigration, and access to the Internet are pointed to as inconveniences. Not only inconveniences caused by different systems and customs in Korea, but also special discriminating practices, such as the practice of submitting two years of monthly rent in advance like a deposit, which is required of foreigners just because they are foreigners, are ubiquitous. "Even though Korea has achieved some degree of globalization in going abroad, it has still a long way to go for globalization in embracing foreigners inward," said foreigners residing in Korea.
An official in the International Cooperation Division of Seoul City admitted, "The same complaints regarding visas, transportation, education, and environment are raised every year without being solved, due to the lack of cooperation from government agencies involved and their passive attitudes."
by Jae-Dong Yu and Soo-Jung Shin, Donga.com (July 4, 2004)
http://english.donga.com/srv/service.php3?biid=2004070522448
Haven't been paid in 2 months.
http://www.eslcafe.com/forums/korea/viewtopic.php?t=27718
Letter of Release
http://www.eslcafe.com/forums/korea/viewtopic.php?t=20222
Contacting Immigration & Arbitration
http://www.eslcafe.com/forums/korea/viewtopic.php?t=3327
EFL LAW
http://efl-law.com/faq.html
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. (If you are on E1 or E2 visa, do not resign.)
See http://efl-law.com/faqans_lab-off.html
Post subject: Help! Important Contacts, Embassies & Advice
http://www.eslcafe.com/forums/korea/viewtopic.php?t=20647
Have you ever been paid late in Korea?
Poll: Have you been paid late in Korea?
A. Never - I must be lucky! 30%
B. Once or twice - no big deal, minor annoyance... 23%
C. Several times - hate it! 20%
D. Several times - but I understand the culture, doesn't bother me... 6%
E. Many times - sigh... 16%
F. I've never been paid on time! ARGH! 2%
http://www.eslcafe.com/forums/korea/viewtopic.php?t=18732 |
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dimnd
Joined: 19 May 2005 Location: Western USA
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Posted: Tue May 24, 2005 4:10 pm Post subject: no pay |
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Thanks
Last edited by dimnd on Wed May 07, 2008 1:17 am; edited 1 time in total |
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prosodic

Joined: 21 Jun 2004 Location: ����
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Posted: Tue May 24, 2005 4:19 pm Post subject: Re: no pay |
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dimnd wrote: |
Had to order him new transcripts and diploma cuz diploma still in boss's safe, supposedly. |
Generally not a good sign. There is no good reason why the boss should need to keep his diploma. The only reason some bosses do it is to make it more difficult for their employees to find other jobs. This generally means that they know that conditions are such that people leave quickly. |
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the eye

Joined: 29 Jan 2004
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Posted: Tue May 24, 2005 5:24 pm Post subject: |
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hs should get to the labr board, ASAP. hopefully his girlfriend can get down there to translate, as i doubt Gumi has fluent english speaking officers.
he should take his contract, and all pay records. |
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Bozo Yoroshiku

Joined: 23 Feb 2005 Location: Outside ???'s house with a pair of binoculars
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Posted: Tue May 24, 2005 7:45 pm Post subject: Re: no pay |
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dimnd wrote: |
Have not talked to him today to see if it worked for asking money or refusing to work ..it worked for other co-workers so will see... |
Don't refuse to work if you intend to go to the LO. Even if the owner has not been paying you, the LO will see your refusal to work as YOU breaking the contract, and a favourable judgement from them is unlikely.
Keep working while the LO works its magic. You will be seen as the employee doing everything the contract says, while the owner is seen as a dishonest dick by comparison. Favourable rulings are never far behind.
--boz |
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just because

Joined: 01 Aug 2003 Location: Changwon - 4964
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Posted: Tue May 24, 2005 11:44 pm Post subject: |
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Your son landed in a shockingly bad situation...maybe if he had of done a check before he came might have been better....
But I know hindsight is an amazing thing and everyone makes some mistakes.....
The outcome probably won't be good for him at all...he will be lucky to get 1K out of him if that....even with labour board help, the will probably have to bargain.
Why isn't he on here and you are speaking on his behalf??? |
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Bozo Yoroshiku

Joined: 23 Feb 2005 Location: Outside ???'s house with a pair of binoculars
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Posted: Wed May 25, 2005 5:10 am Post subject: |
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just because wrote: |
even with labour board help, the will probably have to bargain. |
The LO doesn't force the school to pay anything. No "bargain" is necessary as the LO's ruling is taken to Small Claims court where you can get all of your money back (guaranteed if you put a lien on the owners car).
--boz |
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dimnd
Joined: 19 May 2005 Location: Western USA
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Posted: Wed May 25, 2005 8:41 am Post subject: ok |
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ok
Last edited by dimnd on Wed May 07, 2008 1:33 am; edited 1 time in total |
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dimnd
Joined: 19 May 2005 Location: Western USA
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Posted: Wed May 25, 2005 8:42 am Post subject: eeks bozo |
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how long does that take..
I just ordered Jeff new transcripts sealed and diploma from his university. |
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Bozo Yoroshiku

Joined: 23 Feb 2005 Location: Outside ???'s house with a pair of binoculars
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Posted: Wed May 25, 2005 12:44 pm Post subject: Re: eeks bozo |
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dimnd wrote: |
how long does that take.. |
How long does the LO take? They will close the case file NO LATER than 30 days after it is opened. Small Claims can take up to 2 months after you file assuming the owner doesn't contest the suit, which could extend proceedings up to a year or more... depends how much of a *beep* he wants to be. (my last boss didn't contest it; we'll see what my current boss does on Monday...)
--boz |
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dimnd
Joined: 19 May 2005 Location: Western USA
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Posted: Wed May 25, 2005 12:47 pm Post subject: omg |
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bozo this is 2nd time 4 u 4 n money? |
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the eye

Joined: 29 Jan 2004
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Posted: Wed May 25, 2005 2:54 pm Post subject: |
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dimnd:
give your son your password for your account on this site so HE can use your account to ask question s here.
it's much more efficient. |
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darrin312

Joined: 26 Jan 2003 Location: Kyopoville
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Posted: Wed May 25, 2005 3:28 pm Post subject: Re: omg |
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EDIT- Good luck to you and your son!
edited because I was being a dilhole |
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