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iggyb
Joined: 29 Oct 2003
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 Posted: Wed Sep 21, 2011 1:08 am Post subject: |
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He shouldn't post information about the school until he has given up all hope of using legal means to get the money -- the labor board and courts.
If he bad-mouthes the institute now, it could crush even the small hopes he has through those means. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Sep 21, 2011 5:24 pm Post subject: |
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| tukmax wrote: |
| TheUrbanMyth wrote: |
A lot depends on where you are currently.
If you are in Korea and have supporting documentation to the effect of the school owing you money you can take that to the labor board and file a claim.
If you are back home...your chances of receiving that money are probably close to zero, sorry to say. |
Isn't there a rule in Korea that the school has 14 days after your contract finishes to pay the severance? Most people leave Korea a day or two after their contract finishes, so how do you get your money then when you leave and your hagwon cites this law giving them 14 days to pay you? |
You can get a visa extension or just go to Japan and come back on a tourist visa. Or tell the hakwon boss that you will be staying in Korea.
The thing is that most bosses pay up on the day you leave. There is NO reason for the boss to wait 14 days to pay you. This is likely an attempt to cheat you out of your money.
So if and when the hakwon cites this rule...just smile sweetly and say "Okay I'll be back in 14 days...See you then!" and leave.
Besides which this period can be amended by contractual agreement. Simply put in the contract at the START of the working period that all monies owned must be paid on the last day. Period. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Wed Sep 21, 2011 6:30 pm Post subject: |
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| There is NO reason for the boss to wait 14 days to pay you. This is likely an attempt to cheat you out of your money. |
So, how would you handle this situation. My understanding is that if you don't stay in Korea, you have 10 days to leave before they don't have to pay for your flight. If this is not a standard, it is at least in many contracts that I come across.
What if they wait 11 days to pay severance and any unpaid salary? Do they still have to pay/reimburse for the flight home? |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Sep 21, 2011 6:46 pm Post subject: |
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| koreatimes wrote: |
| Quote: |
| There is NO reason for the boss to wait 14 days to pay you. This is likely an attempt to cheat you out of your money. |
So, how would you handle this situation... ? |
Like I said above.
[quote]="TheUrbanMyth"] "Simply put in the contract at the START of the working period that all monies owned must be paid on the last day."
As for those "ten days" my understanding is that those are the P.S. contracts...never seen those in a hakwon contract. Usually they give you 1-3 days to vacate the apartment.
Besides which you can always negotiate with the hakwon for a cash payment rather than a ticket home.
Yet another option: do a tourist visa run to Japan and stay with a friend or friends when you come back to Korea...better than giving up 2 million plus and leaving with a sour taste in your mouth no? |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Wed Sep 21, 2011 8:21 pm Post subject: |
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Maybe you don't understand my question yet. I am not asking how to prepare for (prevent) problems at the end of a contract. I am asking what happens if the hagwon doesn't pay on the 11th day after a contract finishes. Can they legally argue they don't have to pay the airfare because you haven't left?
I have signed hagwon contracts (at least one) with this 10 day clause in the contract. They say, "We'll pay you next week." You come back on the 7th day, and they say, "The manager is not here this week. We don't know how much to pay you. Come back next week when the manager is here." You go back (11th day or later) when the manager is there and you don't get your airfare. What then? |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Sep 21, 2011 8:33 pm Post subject: |
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| koreatimes wrote: |
Maybe you don't understand my question yet. I am not asking how to prepare for (prevent) problems at the end of a contract. I am asking what happens if the hagwon doesn't pay on the 11th day after a contract finishes. Can they legally argue they don't have to pay the airfare because you haven't left?
I have signed hagwon contracts (at least one) with this 10 day clause in the contract. They say, "We'll pay you next week." You come back on the 7th day, and they say, "The manager is not here this week. We don't know how much to pay you. Come back next week when the manager is here." You go back (11th day or later) when the manager is there and you don't get your airfare. What then? |
Then I'd go to the labor board, lay out my case that they purposefully delayed and let them deal with it. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Thu Sep 22, 2011 12:38 am Post subject: |
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So you wouldn't take your flight you scheduled on the 12th or near that date?
Would Labor Board tell the school to pay for the first flight you arranged that you couldn't take to make a case against them? Or, would you just be out the the first flight's money (assuming you won the case)? |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu Sep 22, 2011 5:00 pm Post subject: |
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| koreatimes wrote: |
So you wouldn't take your flight you scheduled on the 12th or near that date?
Would Labor Board tell the school to pay for the first flight you arranged that you couldn't take to make a case against them? Or, would you just be out the the first flight's money (assuming you won the case)? |
I would have bought a refundable ticket, so I'd only be out the money it cost to refund it. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Thu Sep 22, 2011 8:34 pm Post subject: |
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Alright, you checkmated me on that line of thinking. How about a refundable ticket vs. a ticket that you could simply change flight time (if it's possible)?
In China I had to do a visa run. So my school paid for a return flight which didn't have a fixed date.
If I couldn't make a flight (unexpectedly, so it might be only 1 or 2 days before the initial planned flight), then it seems like the refund wouldn't be as good as if I canceled 1 or 2 weeks in advance. If I get a ticket where I could change the date, then I wouldn't be paying a refund charge. Would the cost to change in this case be higher than the cost of refunding? |
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