Korean Job Discussion Forums

LL Moonmanhead · Joined: 21 Mar 2005 Location: yo momma

This morning I was fired by my director for making too much noise with some fellow teachers in my apartment. Admittedly we were loud/a little drunk.

My director turns up this morning fuming with her husband (the owner) and her father who was to be her 'heavy' as it turned out. She said I no longer worked at the school. She then said i had to leave immeadiately and she wanted my ARC (an old trick, she cut up a previous teachers).

I explained that she couldn't just evict me on the spot. They were trying to gain access to my apartment. As they were doing so i grabbed my camera to take a picture. The director tried to break my camera!! Finally they went off saying to come to my school at 10am tomorrow.

I want to stay in the area, so i presume I need to get my letter of release. I've worked at the school for 5 months and never had a problem up until last night/this morning.

Also they owe me 5 weeks wages. Do they have to pay me this because i was fired? Does being fired essentially mean all bets are off regarding recruiters fees/airfare, etc? Is it absolutely necessary for me to walk out with a letter of release?

Homer · Guest

Was it the first time this happened?

Did you get warnings?

What does your contract say?

I would be surprised if your contract has a "too much noise at the appartment " clause for termination of employment.

Whats the other side of the story?

tzechuk · Joined: 20 Dec 2004

1. look at your contract

2. they have to give you due compensation if they fire you without notice (mine is 6 weeks. if they fire me without giving me 6 weeks' notice, they have to pay me 6 weeks' wages).

3. call your labour board.

Sorry to hear this.. i wish you the best of luck.

nautilus · Joined: 26 Nov 2005 Location: Je jump, Tu jump, oui jump!

Koreans can be just as loud at night around their appartments. usually worse.

Zark · Posted: Sun Apr 09, 2006 8:32 am Post subject:

I once had a contract that said, "If the teacher gets drunk and breaks furniture at the school, he must pay for it" - so DO check your contract for funny clauses! Ya never know!

Gord · Joined: 25 Feb 2003

denverdeath · Joined: 21 May 2005 Location: Boo-sahn

Gord · Joined: 25 Feb 2003

denverdeath · Joined: 21 May 2005 Location: Boo-sahn

captain kirk · Joined: 29 Jan 2003

I hope you didn't give them/let them take your ARC card. On the way out at the airport immigratin wants it. If you don't have it (for whatever reason) they charge 100,000 won. Even if they phone the ex-boss who says they cut it up, or have it, or whatever.

Xerxes · Posted: Sun Apr 09, 2006 7:17 pm Post subject:

It seems that your boss is vindictive for having cut up an old employee's ARC card. That said, it is strange that they get on you for merely making a ruckus in your apartment.

Because of labor law, they do have to have reasonable cause to fire you and it seems that they found one (as lame as it is). They are doing it by the book and they seemed to have wanted to fire you for a while.

Their wanting to fire you does not necessarily have anything to do with your bad teaching or bad behavior. Maybe they had been paying you too much, or cannot afford to have on staff a large faculty with student numbers dropping off. They needed to off some teachers and you were probably on their short list. I bet you that their "prize" teachers do not, did not get this treatment.

They will probably give you a letter of release because they are legally responsible for all crimes and debts that you may incur while you are under their professional custody. They probably do not want that responsibility hanging over them either.

My boss once was shocked at how legally responsible he was for the E-2 visa teacher including all your debts and criminal activity (if any should occur while you are under his watch, as it were.)

Many, many hagwons fire teachers right before a teacher's 6 month mark to avoid having to give severance, or some monetary bonus, according to Labor Law. Because you are at the five month mark, it seems that this latter is the case more than anything else. Ask around at your work and see how many made it past six months. If not many, that is your answer.

Even if that is the case, however, you have nothing to say because they do technically have a legally acceptable gripe against you. Unless you can get other teachers that have been fired just before the six month mark and show a pattern of abuse of this particular aspect of the law, you are out of luck. That latter approach is probably going to be tougher to prove than not. Better to cut and leave with your last pay and letter of release.

Next time you get a job, ask current employees there if they have worked more than six months and how many have done so.

Xerxes · Posted: Sun Apr 09, 2006 7:36 pm Post subject:

The EFL Law web site (which had a butt load of useful information) is now a pay site. I remember that they had some very relevant information to your situation.

I did find this in the FAQ pages of ESL Cafe: http://www.eslcafe.com/forums/korea/viewtopic.php?t=20646 and http://www.eslcafe.com/forums/korea/viewtopic.php?t=8023.

You should tell us what hagwon you worked for. It seems that because you are fired at the five month mark, the director is trying to rip you off of the lawfully required 4 week notice paid (essentially a severance pay month) if you get fired (via written warning first) after the six month mark.

Reading the links above again, I am very sure that your director was trying to avoid having to pay the teacher a severance.

Xerxes · Posted: Sun Apr 09, 2006 7:44 pm Post subject:

Hey, this link below says that you should get that Letter of Release at all cost, and the argument that is made makes sense.

http://www.eslcafe.com/forums/korea/viewtopic.php?t=55096

LL Moonmanhead · Joined: 21 Mar 2005 Location: yo momma

I am going to the immigration office tomorrow with my ex boss. He will cancel my visa then. The director attempted to take my ARC again, but i flat out refused. She claimed the card belongs to them, i told her in no uncertain terms was i giving her the card. They told me getting my visa cancelled would be all that was necessary, i wouldn't need a LOR.

Will immigration want my card tomorrow when they cancel my visa? As far as i understood, i have to hang onto this unitil i actually leave korea. I need clarification on this. Someone mentioned a 100000 won charge at incheon if i don't have it.

Once my visa is cancelled am i then free to seek other employment? I'm in quite a tricky sitution so i will explain. I'm due to fly back to the UK on Thursday morning as i need to attend a family wedding, this flight was already paid for by myself. I have a single-one-way flight back into korea the following tuesday.

My ARC is a multiple entry so if i still have it, i take it i can fly back on this? Another problem i have is that my passport expires on july 8th this year. I take it without an onward ticket and only 6 weeks remaining on my passport they wouldn't let me in if i don't have my ARC card.

Any advice greatly appreciated.

Xerxes · Posted: Sun Apr 09, 2006 8:07 pm Post subject:

I'm stumped with that one. Maybe some of my betters can answer that one for you though. Do get the Letter of Release though.