Korean Job Discussion Forums

thewhat · Joined: 03 Jun 2005 Location: Seoul suburbs

when fired after 11 months can you collect the pension contributions you have made.

yes im from Canada.

Is there anything I can do regarding airfare, severance?

If Ive done nothing wrong is it not them who is breaking the contract, and therefore should have to fly me home?

paperbag princess · Joined: 07 Mar 2004 Location: veggie hell

call the labour board asap at 1350 and they will help you. they can't fire you at 11 months without giving you one month's serverance because after 6 months they either have to give you 1 month's notice, or 1 month's salary.

Real Reality · Joined: 10 Jan 2003 Location: Seoul

Article 30 of the Korean Labor Law guarantees employment security. The employer can only terminate the contract for 'just cause' or 'urgent managerial necessity."
Summary Dismissal & What Are My Rights?
http://efl-law.com/faqans_19.html

Labor Office Procedures
http://efl-law.com/faqans_lab-off.html

Ministry of Labor
http://152.99.129.68:8787/

Find Your Nearest Ministry of Labor Agency
http://152.99.129.68:8787/about/about_06_01.jsp

hellofaniceguy · Joined: 10 Jan 2003 Location: On your computer screen!

You need to document everything that has led up to your termination. You also need to bring along someone who speaks korean when you go to the labor board.
They will get your side of the story and then the employer's side....and then make a ruling. However..the labor board has no enforcement powers...if you prevail...the employer WILL appeal and you now go into court. The employer does not have to come to the labor board and fight. They can ignor them in which case you will win...then again...it's appeal time and they can ignor the courts also...to some extent..but the court will get tired of the employer's behavior and force them to come.
If you win...the employer can sell the business to someone...and get out of having to pay you! And some do just that!
All hakwon owners know the law and have the hakwon association lawyers ready to fight you.
They know you have to leave korea and can't stick around to fight them...so they use the stalling game. You need to appoint a GOOD korean friend to handle your case while you are out of the country.
It's high time ESL teachers start fighting back!
I have a friend who was fired from her job in Jeju...her 11th month! Same thing happen to three other teachers!
She went to the lador board today and not it's the waiting game.

No L · Joined: 17 May 2004

Yes, you can collect your pension refund. Your contract doesn't have to be completed for that. Call 1355 for more info or look at http://www.npc.or.kr/social/index_en.html.

As for severance and airfare, do as the other posters suggested and contact and hope that they can mediate a settlement at the least.

Good luck!

jajdude · Joined: 18 Jan 2003

Perhaps an idea is to promise earlier, say in month 9, that you like it at your work so much that you intend to sign for another year?

Just an idea that may require some acting ability. But if things have gone OK up to that point, it may prevent some poor soul from getting burned, or having to seek legal help?

itaewonguy · Joined: 25 Mar 2003

damn another victim of the 11th hour firing squad!
dude this happens often! take it the labour board you will the case!
hakwons try this tactic all the time.. they think why pay you 2million and a return flight which is like another 1;5-2 million when they could just fire you and hire someone else and keep doing this and saving themselves 4 million won every year!

Grotto · Joined: 21 Mar 2004

what you need is a shovel, a dark hole dug in the mountainside and the time to have a Twisted Evil

heart to heart Twisted Evil

with your boss.

Labour board for sure. Good luck and keep us informed

mercury · Joined: 05 Dec 2004 Location: Pusan

If you need help finding a job I have got the place!!!!!!!

No joke, a good friend of mine found a job here in no time.........

http://www.eslcafe.com/jobs/korea/

good luck! Laughing

Qinella · Joined: 25 Feb 2005 Location: the crib

If I got screwed over like that, I'd print out a flyer in Korean that explains exactly what happened, and then distribute it to all the students' parents, as well as posting it up all over town.

jlb · Joined: 18 Sep 2003

Welcome to my world....the same thing happened to me at month 9. Go to the labor board and fight it...I ended up getting my plane ticket home and a hit of money. The hagwon is clearly in the wrong.

pegpig · Joined: 10 May 2005

Obviously, labour board.

They're your sponsor. They have to pay for your flight home. At least that's the way I understand it. I've never had to go through it myself. And, I don't have to knock on wood, since I'm done with this place. Cool

If someone needs a job in September....

I can't believe an owner would try this crap when there are other ft's working there, unless you're the only one.

The shovel and a chat in the mountain to discuss Dokdo is a great idea though.

hellofaniceguy · Joined: 10 Jan 2003 Location: On your computer screen!

kermo · Posted: Fri Aug 12, 2005 5:25 am Post subject:

"If I've done nothing wrong... "

Well, did you? What reason did they cite for firing you?

thewhat · Joined: 03 Jun 2005 Location: Seoul suburbs

I an the only forign teacher.

My contract states that I will recieve pension and severance.

BUT they are saying that the school has under 6 employees and they have not payed any pension or taxes on my behalfe.

Shoul I not still get the pension/severance even if its not legally required? The contract says yes, but its "flexible". I have not payed taxes, will I have to pay back taxes?

Will the labour board still help me?

I have done nothing wrong- 1 time i was an hour late because my alrm clock ran out of juice. I have missed 1 day and was in the hospital. I "make trouble" i.e. want to be paid on time, want to know about taxes, pension etc.

I knew this would happen they ripped off the guy before me. The school open a year ago and he was there for a month or two. They said they would pay him but then dedected his airfare from his pay.