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stakay
Joined: 16 Jul 2005
Location: Seoul
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 Posted: Wed Jun 21, 2006 10:59 pm Post subject: Late pay - what can the labor board REALLY do? |
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Firstly, I tried a search, but so many threads came up and couldn't find the right one.
I have been paid late before and I rang the labor board. They told me that they can only take action if the pay is late by 15 days, which I informed my boss, and magically the pay was in before 15 days after the due date.
Now I'm in a different situation. Half of my pay is late for the month of May. Because I'm paid on the 15th for the previous month's work, the labor board can't take action for my May pay until the 30th June, but that's my last day at work - I'm leaving Korea on the 1st July.
(I'm also going to be owed June pay and severance. Won't get pension back because I'm not the right nationality.)
Would love some advice/help from any experienced people who've been in a similar situation. Has anyone ever called the labor board, and found that they helped before the 15 day threshold??? |
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PaperTiger
Joined: 31 May 2005
Location: Ulaanbataar
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| Posted: Thu Jun 22, 2006 1:06 am Post subject: |
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If it's that bad, buddy...you really ought to just quit the next time they pay you...especially if they manage to pay you on payday. Or, failing that...get some other dirt on them. Some people have threatened to stop coming to work if they don't get paid...anyone got any good stories about that? Seriously, what do you have to lose? Just stop showing up for work, and when they call to ask why, tell them it's because they didn't pay you.
Don't work for free, man. That's lame. |
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stakay
Joined: 16 Jul 2005
Location: Seoul
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| Posted: Thu Jun 22, 2006 6:50 am Post subject: |
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| PaperTiger wrote: |
If it's that bad, buddy...you really ought to just quit the next time they pay you...especially if they manage to pay you on payday. Or, failing that...get some other dirt on them. Some people have threatened to stop coming to work if they don't get paid...anyone got any good stories about that? Seriously, what do you have to lose? Just stop showing up for work, and when they call to ask why, tell them it's because they didn't pay you.
Don't work for free, man. That's lame. |
I'm leaving next Friday, quitting now wouldn't work. About the not showing up for work thing - so many people have written about that here but did it really do them any good? Wouldn't not showing up for work at this late stage make my chances of seeing money go further down the gurgler?? All up I need to get about 5 mill from them by next Friday - half of May's pay, June's pay, and severance.
I should mention here that I work at a 'W' which was sold 9 months into my contract, and this means that the old owner owes me 3/4 of the severance. BUT, the new owners took on the company name, so legally the new owners have responsibility to pay, right? I've heard that 'W' is completely broke, and my new boss is apparently broke now too. I'm screwed aren't I? |
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jacl
Joined: 31 Oct 2005
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| Posted: Thu Jun 22, 2006 7:11 am Post subject: |
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Keep bugging them about what they owe you right now. Don't skip work, but make a big fuss over it. You don't get anywhere being diplomatic. Also, even though you don't get money back from pension, it's still in your benefit to pay into it since you it works toward pension in your home country. Call the pension office and find out how much is in your account. If there's nothing in it (or no account), bring this up to your boss. They're no doubt not forwarding money to it and pocketing it. Really drive it to them to get current money owing. If it takes yelling and screaming, do that. Anyway, be very forceful.
As far as your final pay and severence go, bug 'em about it now. Ask if you're going to be paid that in full and on time. You have reason to ask. It's definitely not a trust matter. Ask them if they're sure. Keep bugging and forcing. Tell them that if they can't pay on time that you demand they go in to immigration with you to get an extension on your visa so that you can stay in the apartment until you are paid. Call the labor board, go into the labor board, go to the pension office, go to the tax office,... First, mention to your boss that you are going to go to all these offices. Demand your money and stand your ground. They'll make you feel evil, and maybe you will be, but that's life. You gotta shake them up and not let is slide. Don't let them hide from you in your remaining time. They're good at hiding/avoiding people. Go after them. Bug them. Start a fuking wind storm.
GET YOUR MONEY! |
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Hobophobic
Joined: 16 Aug 2004
Location: Sinjeong negorie mokdong oh ga ri samgyup sal fighting
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| Posted: Thu Jun 22, 2006 3:28 pm Post subject: |
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..That is insane...that place was nice once upon a time...do you need the Seongnam - Bokjeong branch of the Russian Mafia to come and strong-arm them? 
Just keep bugging them - let them know you will not help them with replacing you two too...and if you are included in the interview /email / phone process make sure you let the new teachers know all about the downward spiral...
Is the scotsman still taking up position there?...I have tried to contact him and the queen of scots to no avail...they could likely take up my position...
...it's been awhile...have to have some brews before you go... |
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stakay
Joined: 16 Jul 2005
Location: Seoul
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| Posted: Fri Jun 23, 2006 3:11 am Post subject: |
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FINALLY I was able to get some straight answers from my boss (I'm sick of hearing 'don't worry about it' and more sick of seeing gigantic grins coupled with the words 'everything will be ok'.
Looks like I'll get the wages owed.
However I think I'm going to lose the severance (well, 3/4 of it) and my 600,000 security deposit (yes, I've read daves a lot more since arriving and I now know they shouldn't have taken out security deposit).
The old boss has no money - my new boss even told me tonight that the previous secretaries sued W for their unpaid wages but lost the case - don't know how true that is though.
I've searched the molab web site, but I don't know for sure if the new owner of a business is liable for any money that a previous owner owes an employee.
I told my boss tonight that I have no choice but to take action to receive my money, I'll be doing anything I can next week. My head is swimming a bit right now, so if anyone can offer some advice I'd really appreciate it. |
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jellobean
Joined: 14 Mar 2006
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| Posted: Fri Jun 23, 2006 3:39 am Post subject: |
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A suggestion for you... You can get at least a 30 day extension from immigration even without your employers help (supposedly to pack and ready yourself to leave)...
A not exactly serious, and somewhat outlandish addition to my perfectly logical suggestion... Camp out in the apartment and show up at the school everyday demanding your pay... If you have some Korean speaking friends you could even get someone to make you a protest sign in Korean.... Oh, but stash all your personal belongings at a friends place so noone can get to them... |
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Milwaukiedave
Joined: 02 Oct 2004
Location: Goseong
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| Posted: Fri Jun 23, 2006 4:12 am Post subject: |
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I like that one. A good ole downhome protest. See if you can locate a bullhorn as well. Oh my god that will drive them out of their mind.
If you do it, seriously tell me where. I might be willing to come down and hold a sign for ya or watch at the very least. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Jun 23, 2006 5:10 am Post subject: |
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| jellobean wrote: |
A suggestion for you... You can get at least a 30 day extension from immigration even without your employers help (supposedly to pack and ready yourself to leave)...
A not exactly serious, and somewhat outlandish addition to my perfectly logical suggestion... Camp out in the apartment and show up at the school everyday demanding your pay... If you have some Korean speaking friends you could even get someone to make you a protest sign in Korean.... Oh, but stash all your personal belongings at a friends place so noone can get to them... |
In a related sort of way, if you want to pursue this AFTER the expiry of your E2, you can change your status to G1 for the purpose of staying in Korea while the matter is adjudicated.
Make the application at your regional immigration office. You will need your ARC, passport and a letter from the labor board or other quasi-judicial body showing that you have a claim in progress.
You will be allowed to stay until the matter is settled.
Park yourself in a Goshiwan while you are waiting... or find a new job during the adjudication process, do your visa run and then finish the claim while you are on your next E2. There is NO reason to be in a panic.
You have options. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Fri Jun 23, 2006 8:44 pm Post subject: |
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| ttompatz wrote: |
| jellobean wrote: |
A suggestion for you... You can get at least a 30 day extension from immigration even without your employers help (supposedly to pack and ready yourself to leave)...
A not exactly serious, and somewhat outlandish addition to my perfectly logical suggestion... Camp out in the apartment and show up at the school everyday demanding your pay... If you have some Korean speaking friends you could even get someone to make you a protest sign in Korean.... Oh, but stash all your personal belongings at a friends place so noone can get to them... |
In a related sort of way, if you want to pursue this AFTER the expiry of your E2, you can change your status to G1 for the purpose of staying in Korea while the matter is adjudicated.
Make the application at your regional immigration office. You will need your ARC, passport and a letter from the labor board or other quasi-judicial body showing that you have a claim in progress.
You will be allowed to stay until the matter is settled.
Park yourself in a Goshiwan while you are waiting... or find a new job during the adjudication process, do your visa run and then finish the claim while you are on your next E2. There is NO reason to be in a panic.
You have options. |
It's not that easy. The OP will also need a Korean to sponsor that G-1. I think almost any law abiding Korean can do it. But Koreans aren't always so willing to help especially if they know you've lodged a complaint against their brethren.
Take an initial 50,000 Won to Immigration and 30,000 Won every 3 months to renew until the matter is solved. You should know you cannot legally teach and earn money during this time.
Do not tell any possible employer of your complaint and be careful whom else you tell. Including Foreigners, they may not care or simply be glad you got the problem. Most likely anyone will tell you to quit and equally common is the old "Go home" power tripper statement.
I would not suggest picketing. While the police won't stop you and tell you it is legal to conduct 1-man demonstrations. That is the law for Koreans. Depending on what the picket sign says you could be sued for slander. It does not matter if the picket sign is true or false in Korea. If you are a Foreigner in Korea and are charged with slander you must prove you are innocent of slander in court. I was told by the Judge that the burden is on the defendent to prove innocence. I do not know if this is true or not. I will do further research and call him on it if it ain't so. |
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stakay
Joined: 16 Jul 2005
Location: Seoul
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| Posted: Sun Jun 25, 2006 1:53 am Post subject: |
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Hi, thanks for the replies, it does help to hear what to do from other people's perspectives. I'm certainly not at the stage to do some picketing, but who knows by the end of the week 
This is from the ministry of labor website:
http://english.molab.go.kr/
"Employers are obligated to pay the wages, severance pay and other bonuses within 14 days since the day when workers retired or the workers are eligible for them with any other reason."
So from what you guys wrote, and also from reading the website, I'm not going to be able to chase this severance and deposit money until after I finish working. And that means I have to stay in country, get a visa extension, pay for a motel room every day, without getting paid, and going through the motions to get this resolved. Has anyone ever actually done this??? Successfully???
Tomorrow I'm going to ring the labor board to chase the other half of May's pay, which is now 10 days late, but I really don't think that's going to achieve anything because I have to wait 14 days. But maybe they could ring my employer anyway, might give them a bit of a scare.
Oh, and I'll mention here that I'm working at the same school as my fiance, and I just can't believe that we're about to be cheated out of 2.1 million each (1.5 old boss's portion of severance and 600,000 deposit), together 4.2 million, which was going to be a sizeable chunk of our wedding next year.  |
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stakay
Joined: 16 Jul 2005
Location: Seoul
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| Posted: Sun Jun 25, 2006 1:56 am Post subject: |
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주소 : 서울특별시 서초구 서초동 1358번지 영동빌딩 3층 대표전화 : 02-591-4472, FAX : 02-591-4475
That's the address of W head office, I'm also planning to visit them this week, does anyone know where this is? Closest subway stop? Thanks |
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Real Reality
Joined: 10 Jan 2003
Location: Seoul
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stakay
Joined: 16 Jul 2005
Location: Seoul
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| Posted: Sun Jun 25, 2006 4:44 pm Post subject: |
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| jacl wrote: |
Keep bugging them about what they owe you right now. Don't skip work, but make a big fuss over it. You don't get anywhere being diplomatic. Also, even though you don't get money back from pension, it's still in your benefit to pay into it since you it works toward pension in your home country. Call the pension office and find out how much is in your account. If there's nothing in it (or no account), bring this up to your boss. They're no doubt not forwarding money to it and pocketing it. Really drive it to them to get current money owing. If it takes yelling and screaming, do that. Anyway, be very forceful.
As far as your final pay and severence go, bug 'em about it now. Ask if you're going to be paid that in full and on time. You have reason to ask. It's definitely not a trust matter. Ask them if they're sure. Keep bugging and forcing. Tell them that if they can't pay on time that you demand they go in to immigration with you to get an extension on your visa so that you can stay in the apartment until you are paid. Call the labor board, go into the labor board, go to the pension office, go to the tax office,... First, mention to your boss that you are going to go to all these offices. Demand your money and stand your ground. They'll make you feel evil, and maybe you will be, but that's life. You gotta shake them up and not let is slide. Don't let them hide from you in your remaining time. They're good at hiding/avoiding people. Go after them. Bug them. Start a fuking wind storm.
GET YOUR MONEY! |
| jacl wrote: |
You're still gonna get fuked over. If you gotta come on here to ask advice then you're somewhat of an idiot.
Enjoy losing money.
You pansy. |
You changed your tune rather quickly didn't you? I'm not afraid to post what I'm going through on this board - if someone replies and has good advice then I think I'm lucky. If no one replies, well it's just one of the things I've tried to do to get my money, it's certainly not the only thing I'm going to try this week.
Everyone here on this board who are teaching English in Korea are going through the same experiences and I bet there are a lot of people like me trying to get late pay and severance at the moment. I have appreciated other people writing about the things they go through. Not one of us is above having shitty things happen during their time in Korea, including yourself, Jacl.
I'm going to try everything I can this week, so if anyone does have helpful comments, I'd still appreciate it. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon Jun 26, 2006 9:57 am Post subject: |
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stakay,
According to your June 23 post, it looks like you're going to recieve everything that your current employer owes you. (Although, your June 25th post seems to differ.) If you can get what your current boss owes, that's probably all you'll get. Any action you take against your former boss, if he's really bankrupt and out of business, is likely to cost you money and yield nothing. Sorry, but if he's broke how can he pay? And Korean laws are unlikely to help you with this.
Your current employer, unless you can show some legal link between him and your former boss, has no obligation to pay you for debts owed by the previous boss. |
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