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luckytlou
Joined: 10 Apr 2005
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 Posted: Tue Jul 12, 2005 2:11 am Post subject: Unfair dismissal |
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My boss fired me towards the end of my contract.Basically my contract is up on the 31st of July.On top of that he owes me 7mil and does want to give me my severance payment,he said that we never made an agreement concerning severancepayment.The severance payment thing is written in black and white on the contract.I need some advice.i dont know what to do
Thanks in advance |
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Grotto
Joined: 21 Mar 2004
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| Posted: Tue Jul 12, 2005 3:25 am Post subject: |
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| go to the labour board with your contract and hopefully someone who speaks Korean and English. |
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margaret
Joined: 14 Oct 2003
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| Posted: Tue Jul 12, 2005 4:23 am Post subject: |
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Also please blacklist your boss and school on any lists you can find (you can do a Google search for Korea blacklist) so the rest of us don't end up in same spot.
Thanks,
Margaret |
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Yu_Bum_suk
Joined: 25 Dec 2004
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| Posted: Tue Jul 12, 2005 4:24 am Post subject: |
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He owes you 7mil and you're still there???
Look, you've already been way too screwed over. Can you get a list of the student's phone numbers (take it it's a kiddie hogwan?)? Calling up parents with a Korean friend telling them you'd like to talk to them about serious concerns and would they please contact the boss and let him know this is about the only course of action I could recommend - get his attention and scare the crap out of him, then see what happens.
I do hope you've made at least a few helpful Korean friends. Try the 'ask the lawyer' column on englishspectrum for more specific advice if you need it. Best of luck. |
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funplanet
Joined: 20 Jun 2003
Location: The new Bucheon!
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| Posted: Tue Jul 12, 2005 4:31 am Post subject: |
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blanket party his ass  |
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Real Reality
Joined: 10 Jan 2003
Location: Seoul
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| Posted: Tue Jul 12, 2005 4:37 am Post subject: |
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| newt wrote: |
I was recently fired from my job and I have valuable information for anyone else who is in my position. I had passed the six month mark of my contract and had no written notice.
This is what I have found out in the passed few days:
It is illegal to fire an employee after six months without written notice. Notice has to be signed by both parties and dated. Also you are to get all monies the day of firing; not this "come back in a few days" crap that most director say.
Also with out notice it means that your employer owes you another months pay. So its like getting your servence anyways. But you have to wait for it.
Go to your local labour board and file a complaint against your employer. This can not be actually filed for 14 days offically, therefore you can't use it to threaten your boss until the 14 days are up. I was told not to mention to him at all or bad things will happen. But it really wasn't explained that well.
After the 14 days you or a represenative will mail the complaint to the labour board and they take care of it. He has 30 days from the point to pay you any monies he wrongfully decducted from your final pay and the extra 30 days pay. If he refuses the labour board will take his business license away. So you win anyways.
The labour board has set up a call center for foreigners that speak damn good English and are very helpful. Since no one in the office we went to spoke English, so we used the call center as a translator. The number is:
02-872-9797
They will also be able to give you other numbers that you may need. You can also hire a lawyer after the 14 days when the labour board gives you a file number. The Canadian Embassy has a list of lawyers to use.
 I have done all of this and I still may have to leave the country until my visas expires. My director refuses to sign the letter of release. Their is only one way around this stupid piece of paper. Both you and your director must go to the issusing immigrantion office together. (Well be there at the same time anyways)
I hope all this helps, now can anyone tell me how to make a director sign a letter of release? |
http://www.eslcafe.com/forums/korea/viewtopic.php?t=8023
| EFL-Law.com wrote: |
You may find your Employer does not pay you your monthly salary or final severance pay. The following information has been supplied by the Korean Labor Office and sets out what role they can take and what you must do.
First select the Labor Office that is responsible for your area of employment. In the following hypothetical case, we shall consider an employer who has not paid the monthly salary.
1. You attend at the Labor Office. Take with you all documents relevant to the problem - contract/passport/citizen's card/past payment sheets/bank book with pay in details of wages. Indeed go with a Korean translator.
2. You inform the Labor Officer of the problem.
3. They will ask you to complete the form we have placed for your perusal below. (It must be completed in Korean)
4. The Labor Officer will then investigate the matter. If a simple phone call does not resolve the problem to their satisfaction they will:-
i. Send the Owner/Employer a letter ordering him/her to attend in person at the Labor Office within 10 days.
ii. If their is no response from the Employer, the Labor Officer refers the file to the Labor Office Investigative Branch who:-
iiia) carry out further inquiries with the owner and if no satisfactory response is received by them they draft documents which are submitted in Court. At that stage it comes under the domain of the Court legal system.
5. You may decide at some stage of this that you want to change employers as you may come to the conclusion that the writing is clearly on the wall as far as you and your Employer is concerned. Thus demand that your Employer give you a Letter of Release (if you have an F2 visa ignore this) so you can change Employer. (N.B. The employer is under NO obligation to give you one!)
6. If the employer refuses to give you a Letter of Release (place the copy in front of him/her) then re-attend at the Labor Office once more with this fact.
g) These are the steps involved. Most problems do not reach stage (d iiia). We have been advised that this whole process up to point (d iiia) may take up to three months, depending upon the Employer's help or non help. In the case of severance pay issues, you may well have left the country and should appoint someone within Korea in writing to act for you. |
http://efl-law.com/faqans_lab-off.html
Nearest Ministry of Labor Agency
http://152.99.129.68:8787/about/about_06_01.jsp
Last edited by Real Reality on Tue Jul 12, 2005 4:44 am; edited 1 time in total |
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PolyChronic Time Girl
Joined: 15 Dec 2004
Location: Korea Exited
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| Posted: Tue Jul 12, 2005 4:38 am Post subject: |
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If he's pulling this bullsh*t and owes that much money, please, please blacklist his business all over this place. Give the hagwon name so others can avoid this worthless, ape assh*le.
He's firing you soley because he wants to avoid paying you severance. This is a very slimy practice committed by some hagwons and the labor board is aware of the 11-month dismissal.Go to immigration and ask for a extension request on your visa (like two weeks...say you need more time to pack or sightsee. You might have to pay like 30,000 won for this, but it's worth to stick around and fight for your money).
Next, get a Korean friend and run straight to the labor board.
I pray to God that this hagwon closes down....if he owes you that much money that place is in big danger of going bankrupt. Please warn others about the institution.
I wish these corrupt hagwon owners would just hang themselves already. |
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quiksilver
Joined: 11 Sep 2004
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| Posted: Tue Jul 12, 2005 4:59 am Post subject: |
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I'd say go to the labor board for sure. I haven't had any problems yet (knock on wood) so I can't speak from experience but it seems to be the answer to this kind of problem. Good luck. I agree with letting the parents know or at least getting a list of their phone numbers and threaten to do so. Your boss might get his "sheet" together if he realises you'll call the parents.
On a side note: If I were in this position my temper would come out and I'd be on his door step with a baseball bat. Probably not the best course of action but I hate being taken advantage of. I'm not suggesting anyone do this. Just what I'd probably do. |
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joe_doufu
Joined: 09 May 2005
Location: Elsewhere
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| Posted: Tue Jul 12, 2005 5:06 am Post subject: |
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The chances are, you aren't going to get your 7 million or severance pay. If you sue the boss, it would be better for him to fight you. He knows you'll get exhausted and broke from fighting him and soon leave the country to get a new job. Here's what I suggest. Go to school tomorrow. Go into the school, sit in the classrooms. Obstruct classes. Play Van Halen's "Panama" really loud on your boombox. Pass out a letter, translated by a korean friend, explaining the situation to the parents, and give it to each student to take home. You get the idea. Mess things up. Promise to leave when he pays what he owes.
You might want to pack your bags and send your remaining money home in advance so if he calls the police to deport you, you won't lose it.
I think you have zero chance of getting your money, honestly, but he may pay 1 or 2 or 3 million to go away. |
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pegpig
Joined: 10 May 2005
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| Posted: Tue Jul 12, 2005 5:23 am Post subject: |
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| OP �� �� ? |
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stumptown
Joined: 11 Apr 2005
Location: Paju: Wife beating capital of Korea
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| Posted: Tue Jul 12, 2005 5:28 am Post subject: |
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| He has only one other post and that's back in May when he/she complained about not getting paid. Not getting paid back in May and STILL at the same job? No sympathy here. |
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hari seldon
Joined: 05 Dec 2004
Location: Incheon
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| Posted: Tue Jul 12, 2005 5:45 am Post subject: |
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| How did your boss wind up owing you 7 million? |
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livinginkorea
Joined: 11 Jun 2004
Location: Korea, South of the border
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| Posted: Tue Jul 12, 2005 6:16 am Post subject: |
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| hari seldon wrote: |
| How did your boss wind up owing you 7 million? |
That's what I'm wondering. Is it like 2 months wages + s.pay + airfare = 7 big ones?
Go to the labour office and blacklist him. |
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the eye
Joined: 29 Jan 2004
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| Posted: Tue Jul 12, 2005 8:01 am Post subject: |
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to quote pure idiocy...
| joe_doufu wrote: |
The chances are, you aren't going to get your 7 million or severance pay. If you sue the boss, it would be better for him to fight you. He knows you'll get exhausted and broke from fighting him and soon leave the country to get a new job. Here's what I suggest. Go to school tomorrow. Go into the school, sit in the classrooms. Obstruct classes. Play Van Halen's "Panama" really loud on your boombox. Pass out a letter, translated by a korean friend, explaining the situation to the parents, and give it to each student to take home. You get the idea. Mess things up. Promise to leave when he pays what he owes.
You might want to pack your bags and send your remaining money home in advance so if he calls the police to deport you, you won't lose it.
I think you have zero chance of getting your money, honestly, but he may pay 1 or 2 or 3 million to go away. |
yeah, this type of behavior may work for my 7 year old nephew when he doesm't get his way, but this is an adult world 'doufu'... time to grow up.
@the OP... you may end up having to take your boss to small claims court.
the labor board can make a judgement on how much he owes you but they have little power to make him pay. small claims court worked for me. i simply presented the labor boards judgement to the court judge and it was case closed.
my friend (a lawyer) asserted that judges have little patience for scumbags such as your boss who cheat others.
you will get your money but you have to get aggressive about it immediately. |
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Yu_Bum_suk
Joined: 25 Dec 2004
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| Posted: Tue Jul 12, 2005 4:04 pm Post subject: |
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| the eye wrote: |
to quote pure idiocy...
| joe_doufu wrote: |
The chances are, you aren't going to get your 7 million or severance pay. If you sue the boss, it would be better for him to fight you. He knows you'll get exhausted and broke from fighting him and soon leave the country to get a new job. Here's what I suggest. Go to school tomorrow. Go into the school, sit in the classrooms. Obstruct classes. Play Van Halen's "Panama" really loud on your boombox. Pass out a letter, translated by a korean friend, explaining the situation to the parents, and give it to each student to take home. You get the idea. Mess things up. Promise to leave when he pays what he owes.
You might want to pack your bags and send your remaining money home in advance so if he calls the police to deport you, you won't lose it.
I think you have zero chance of getting your money, honestly, but he may pay 1 or 2 or 3 million to go away. |
yeah, this type of behavior may work for my 7 year old nephew when he doesm't get his way, but this is an adult world 'doufu'... time to grow up.
@the OP... you may end up having to take your boss to small claims court.
the labor board can make a judgement on how much he owes you but they have little power to make him pay. small claims court worked for me. i simply presented the labor boards judgement to the court judge and it was case closed.
my friend (a lawyer) asserted that judges have little patience for scumbags such as your boss who cheat others.
you will get your money but you have to get aggressive about it immediately. |
I think he has nothing at all to lose by being a trouble-maker. Presumably his boss is hiring a replacement? Just go right in and start talking to him. As someone said, it's unlikely he'll get the full 7mn, but he might get some of it this way.
As mentioned above, however, if this guy let things get to this stage he's probably not the type to be able to help himself much. |
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