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animalbirdfish
Joined: 04 Feb 2004
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Posted: Fri Apr 14, 2006 5:56 am Post subject: Hagwon Closing: How to Watch My Back |
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My employer of eight months is lowering the shutters for one least time at the end of this month. They paid a day late this month (March's Salary), but otherwise had been on time with all payments. As enrollment continued to decline, though, I rather expected that this might happen.
I was planning to leave anyway, so I'm not too heartbroken about the closing, and I don't need a letter of release. What I want to know, though, is how to make sure I get my final month's salary. They've said they'll pay on the usual day (5 May), but that's obviously after the school has shut down.
I may be preparing for something that won't happen, but it seems all too easy for the boss (who, owns a non-English institute across the street) to simply not pay. I also recall hearing that a school that shuts down gains a certain immunity in honoring its debts. Any ideas on possible tactics should it come to this?
Labor Board?
Tax Office?
Others? |
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xCustomx

Joined: 06 Jan 2006
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Posted: Fri Apr 14, 2006 6:56 am Post subject: |
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Why not just tell them you will be going back to your home country after they close, and you would like the money in your bank account before the last day so you can take the money with you? Waiting until may 5th is the last thing i would do |
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Vietman

Joined: 25 Sep 2005
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Posted: Fri Apr 14, 2006 6:58 am Post subject: |
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The labor board in Korea is a joke. They can't help you unless you hire an expensive lawyer to sue him, which you can only do after you leave Korea and come back as a tourist when you get release.
Your best bet is to tell Immigration about the situation. Tell them that you can't leave the country, as you need the money. Reinforce this idea to the boss...
I am in a similar situation. This whole sealed transcripts with a signed seal thing is making me lose my faith in this country forever. |
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animalbirdfish
Joined: 04 Feb 2004
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Posted: Sat Apr 15, 2006 4:40 pm Post subject: Re: Hagwon Closing: How to Watch My Back |
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blackbear wrote: |
animalbirdfish wrote: |
My employer of eight months is lowering the shutters for one least time at the end of this month. They paid a day late this month (March's Salary), but otherwise had been on time with all payments. As enrollment continued to decline, though, I rather expected that this might happen.
I was planning to leave anyway, so I'm not too heartbroken about the closing, and I don't need a letter of release. What I want to know, though, is how to make sure I get my final month's salary. They've said they'll pay on the usual day (5 May), but that's obviously after the school has shut down.
I may be preparing for something that won't happen, but it seems all too easy for the boss (who, owns a non-English institute across the street) to simply not pay. I also recall hearing that a school that shuts down gains a certain immunity in honoring its debts. Any ideas on possible tactics should it come to this?
Labor Board?
Tax Office?
Others? |
Article 45 of Labor Standards Act (Pay for Suspension of Business)
(1) If a business is suspended for reasons attributable to an employer, the employer shall pay to workers concerned remuneration of more than seventy percentage points of average remuneration
during the period of suspension of the business. If the amount equivalent to seventy percentage points of average remuneration exceeds normal remuneration, the normal remuneration may be
paid for the business suspension.
(2) Notwithstanding the provisions of paragraph (1), an employer who cannot continue the business operation for unavoidable reason may, with the approval of the Labor Relations Commission, pay remuneration lower than the standards stipulated in paragraph (1) for the suspension of business. |
That's what I'm worried about.
Guess I'll try the "I'm leaving the country" tactic and see what happens. |
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Hotpants
Joined: 27 Jan 2006
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Posted: Sat Apr 15, 2006 9:59 pm Post subject: |
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You don't seem to have a lot of time to act.
Personally, I think in your situation, you would have nothing to lose by asking for the final salary now. You should say politely your honest opinion that you are alarmed by the situation and would like your final salary before the last 7 days of the schools' closure otherwise you will not work the final week. Claim that you have advice from the Labor Board.
I don't know about letter of release, but you may need some statement of release if you want to go for another job before your current E2 is due to expire. I don't know about the situation for a hogwan closing and getting released, but you'd better check it out. Somebody on here should know.
Overall, remember that one month's salary lost will not be the end of the world. Good luck with your next move. |
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