Korean Job Discussion Forums

kshellru · Joined: 28 Jul 2005 Location: Seoul

my employer WAS paying into medical.
I wanted pension and argued with him about it, but he flat out refused.
We DO have over five full time employees.
I've written him and told him what I planned to do if he was still going to take money off my check. All our communiques are going through the head teacher, who's the bugger that I blame much of this on in the first place, he ran interferance and told me not to talk to my boss, only to him, cuz my boss was being a big baby and would't talk to me civilly. So of course nothing was said to me (directly or indirectly) about the 28th of April not being six full months (again, I'd like to remind the jury that the 29th and 30th were holidays, Saturday and Sunday).
I'm out of the country currently getting my new visa. So I've written to the labour board, but getting anythign else done seems impossible!!! Until I get back that is...ugggg. I'm sooo frustrated. Thanks for all the help.

kshellru · Joined: 28 Jul 2005 Location: Seoul

THIS IS WHAT THE "HEAD TEACHER" WROTE TO ME TODAY REGARDING MY INQUIRIES. DOES THIS SOUND at all RIGHT TO YOU?? TO ME IT SOUNDS LIKE BS. I'M GETTING REALLY NERVOUS ABOUT THIS MONEY AND NOT WINNING.....UGGG STRESS. LET ME KNOW WHAT YOU THINK

so what we have is a contract dated november 1st and a release paper for april 28th. it might be only three days, but it's significant. as far as the school is concerned they don't want to pay airfare and agency fees for a teacher who doesn't fulfill the contract.

the contract also says that you must give due notice to leave, i think that's 3 months i'm not so sure, so they could argue that they were generous to allow you to leave in half that time.

when push comes to shove it's the paperwork that's going to persuade the labor department. and from a neutral point of view it seems that not much is in your favor. only full-time contracts provide air-fare costs, and your full-time contract began on november 1st. that's a document signed by both yourself and the school.

the pension i am not so clear about. i mentioned to you that my country does not have a reciprocal agreement with korea like canada does, so it's something i don't know too much about. i am not sure how much money it is worth, or whether you are pursuing this just to make a point, but it does seem like trying to close the gate once the bull has run away.

the most important issue is the airfare, and it doesn't look good for you. what i'm trying to say is that if you have any chance of securing the flight money then chase it, the other things are immaterial in comparison and may cause you more stress and worry than they are worth.

Gord · Joined: 25 Feb 2003

Grotto · Joined: 21 Mar 2004

Read the OP gord!

He did finish the first six months of the contract.....the hogwans decietful contention is that they dated the letter of release on the 28'th of April....two days before the six month period was up. Considering that the last two days of the month were a Sat and Sun and the OP doesnt work those days anyway its an underhanded ploy by the hogwon owner to steal the airfare back.

Go to the labour board and hope for the best. You should get your money as they cannot deduct anything from your pay except tax, pension and health. They should have paid you in full and then got a judgement against you to pay back the airfare...they cannot arbitrarily withhold your money because they are crooked!

Gord · Joined: 25 Feb 2003

Grotto · Joined: 21 Mar 2004

Gord · Joined: 25 Feb 2003

Son Deureo! · Joined: 30 Apr 2003

April 29th and 30th are a Saturday and a Sunday, so unless the OP was required to work weekends, he did indeed work a full six months if he worked from November 1st-April 28th. The employer is trying to have it both ways, there's no way he should be required to pay back airfare if working 6 months is the condition for keeping it.

OP, take it to the labor board, and keep us posted. Good luck.

ontheway · Posted: Sat May 06, 2006 3:17 am Post subject:

This time Grotto has it correct. The OP did indeed work 6 full months. The hogwan owner is just trying to be clever. It was he who dated the release letter in an attempt to cheat the employee. This is called fraud. This man is a crook. If the owner paid the OP for 6 full months then the owner has admitted this.

Gord is correct about legal deductions, however. If a contract calls for certain deductions or payments to be deducted they can legally be deducted from the pay of the worker. The OP did not earn his vacation days by not finishing a full year. They can legally be deducted. The airfare cannot be deducted legally, because that was "earned" at the 6 month mark.

As to the sick days, we would need to see the contract. How are they earned. Often, in the west, sick days and vacation days accrue monthly. What does the contract say?

I went through this day counting thing at a hogwan long ago (man, I'm getting old!) This time it was the teacher (me) with a friend at the labor office. My friend called the owner and told him that the labor board wouldn't let him count down to only one day and use that to avoid paying airfare and bonus for 1 year. This was complicated with many issues. The owner tried all the arguments, but he backed down in the end.

Go to the Labor Board and fight for the airfare.

Then, you have taxes and pension. You can hit him for those issues too. The question is when? I'd say, send a simple, firm letter outlining all the money you think you should get, to your old boss with a cc to the labor board, tax office, and pension office. Then go see him. Pick a number that you think is fair and offer to settle. Show him the copies, stamped and sealed and ready to mail. Tell him to pay you or you'll have to fight. If he doesn't pay you, mail the letters and fight.

kshellru · Joined: 28 Jul 2005 Location: Seoul

I will come back to Korea. And I will fight. As hard as I can. through as many channels as I can. Your imput has eased my stress a great deal (I just feel futility piling up behind my eyes, two week headache, literally has ensued). But the hope of winning makes me feel much much better. So, I thank everyone a great deal for their input. I appreciate it so much. I'll fight for the vacation DAY (not plural) and if I lose, it's ok, and for my sick days, etc, they can't deduct AFTER the fact and then tell me they wanted doctor's notes. I will ABSOLUTELY let everyone know what I've done and how it turned out. As soon as I get back.....

AS FOR EVERYONE'S INFO: our monthly pays are based on TWENTY DAY work months, I mean, if the month has more than twently working days in it, we get long weekends. so six months is six months worked.

AnyHoo, I'll let you know. my deepest thanks once again.