Korean Job Discussion Forums

[coloringteacher]

I was just fired without notice from my hagwon - they told me not to come back to work. I had previously given them notice as was required in the contract. I have been working here for more than 6 months.

They still owe me March and April pay. They had originally paid me for March, but said the amount was incorrect and told me to send them the money back so they could recalculate. I was very naive and sent it back. I think they will keep the money.

They are telling lies about me now to try to build a case.

[J.Q.A.]

Oh boy....


Well...first, you Korean boyfriend needs to step up to the plate and assist you in any way possible. Second, you need something in writing that states your termination, which counteracts your resignation notice. Third, you should not have given that money back, but, not much you can do about that now. Fourth, many would say to show up to work tomorrow until they provide you a written notice of dismissal. Seeing as how you have been there 8 months, despite your intent to leave, they owe you a months worth of pay..

Record everything, if you can. Get everything in writing. And, if your Korean boyfriend does not go to bat for you...then that is a sign you should move on.

There are a few others who have more knowledge and more sage advice for this situation.

[tophatcat]

It really depends on each individual but if it were me I would at least try to get a Letter of Release. I'm not saying this is the best thing to do but if I could get out and my only loss would be 18 days of pay I would go for it. I'm not telling you to do this, it's just an option I would consider for myself. This decision is mostly because I personally would be considering to continue work in the country. Situations may vary.

I'm sure some will step up with more/better advice.

[coloringteacher]

Thanks for the replies. They actually owe me a month and a half of pay now.

[tophatcat]

To the best of my knowledge, they are supposed to give you a 30 day written notice.

If they owed me a month and a half pay, I would look at taking it to the labor board. Maybe offer to drop the case if they payed up.

Hopefully someone will show up and give a good step by step procedure. tompatz and PRagic give good advice.

[stevieg4ever]

First, you have done the right thing by reporting it to the Labour Board and that sounds about right for the turn around time. They have 10 days after the stated salary receipt date in your contract to pay you, past this date they are in violation of labour law.

Their claims that they will do x, y and z to you are vacuous and vein attempts to threaten you; none of this will get past the authorities and they know it. They do this in order to scare people into not taking action against them so they wont have to pay up.

This case will most likely be resolved in your favour but it may take time.

If you can suitably prove to the Labour Board that you weren't paid then your hagwon will be summoned to pay up what they owe or face a fine, civil court to challenge the ruling will not be an option because hiring a lawyer is going to cost them way more than paying you.

From here on you don't necessarily need the letter of release, immigration will likely you move you to a D10 visa once it has been established that you were unfairly dismissed.

Do not sign anything they put in front of you. In fact I would take anything they ask you to sign and make a photocopy of it as proof. It is legal to record conversations without telling the employer so try and get as much down as possible. Get as much proof as you can.

You'll be fine l think. Just follow what Labour Board instructs of you.

[J.Q.A.]

C'mon Ttompatz...the O.P. needs you.

[J.Q.A.]

O.P.,

There is a Facebook group called S.J.'s Legal Cafe...deal specifically with Korea.

Give it a go...

[ttompatz]

Other than the pay issue the OP really doesn't have a leg to stand on since he already gave notice of termination of employment and it looks like they may argue (potentially successfully) for just cause based on the OP's comments.

The unpaid pay issue would be dealt with either by the labor board or small claims court provided the OP will be in Korea long enough to deal with those issues. As stated above the employer has 10 days after the last day of work to settle those issues.

Complications arise with quitting early (he gave notice) and not having a release.
Further employment while he awaits settlement is problematic.
Housing is another issue if he is in school supplied housing.

Then there is the issue of needing to report the change of employment status (unemployment) to immigration. Legally that needs to be done within 14 days and they will only give him 30 days from the date of unemployment to his departure unless he can show proof of a legal claim and change his status from E2 to G or D10.

The good news is that while he may have lost 3 million in wages it is hiring season in Thailand. There are lots of jobs to be had.

.

[J.Q.A.]

[coloringteacher]

They gave me the apartment and let me stay here until my original quit date and gave me back the money I'd sent back to them. Kept the rest of my money though, bastards. They wanted me to sign a thing saying I wouldn't talk about them at all to anyone, and my bf said I should sign that so they'd at least give me those benefits. In retrospect we decided I should have gone to the labor board for counseling before I went back to school. Had too much fire in my eyes, I guess.

Sucks but I still have a chunk of money saved up and I'm getting out of here. Advice to anyone else in this situation: Don't ever sign anything they give you. Go to the labor board first. And if they ask you to send money back so they can "recalculate," don't do it, for any reason. Never trust hagwon owners. x_x At least it was all a...learning experience.

[J.Q.A.]

[coloringteacher]

No, but I'm really not interested in living in Korea anymore. Going to Vietnam.

[J.Q.A.]

[Chia Pet]

If you're sure you won't be coming back to Korea, you might as well write the name of your academy here when you've left the country. They can't sue you for defamation if you've left.

I have heard that signing a form promising not to talk about an academy could protect them from a Labor Board case, which is pretty messed up. What's even more messed up is that the Labor Board has no power to enforce its decisions. (They can give you a release letter, however, so NEVER sign some slimy form from your employer.)

Please write the name of your former employer later. Don't feel any obligation to fulfill your promise to them, as they didn't fulfill their promises (the contract) to you.