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Korean Job Discussion Forums
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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 Posted: Wed Feb 26, 2014 7:23 am Post subject: |
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| YTMND wrote: |
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| As I said, the labor ministry doesn't care if I'm illegal. Can't you get that through your skull? |
They don't care, and that's a red herring. The issue is that they can't help you if you are illegally working.
If you worked for a full year and don't work for the employer anymore, then you can't collect on severance. You didn't, so you don't get severance.
That's the beginning, middle, and end of it. Stay a year with the next school and be legal. Then, you can collect on unpaid wages. If not, it will be like suing someone in court because they didn't fully pay you for drugs you smuggled. |
WRONG |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Wed Feb 26, 2014 7:35 am Post subject: Re: Severance due after 1 month work stoppage? |
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| beentheredonethat777 wrote: |
I'm not working with this company like the previous 3 years, they're only sponsoring my visa. I'm working with someone affiliated with them and located upstairs. The company upstairs has a contract with the place I'm working at outside of Seoul]
^^
Hi, I haven't been available to respond to many queries here in the past few weeks, but I think I can help you understand your situation a little better.
I got your message and see it's like your leaders. I'll be sure not to let my employer steal my vacation money, keep my severance until they feel like paying if ever, let them get by with a 10 day notice(after working 3 years), and employ me as an illegal worker. It's funny how you and your ideals don't think I should file a labor complaint. Thing is, you and thine ilk hasn't been able to give me any other kind of advice other than DON'T FILE COMPLAINT AGAINT EMPLOYER WHO EMPLOYS YOU ILLEGALLY FOR IT COULD MUDDY THE WATER HAHAHAHAHA!!!!!!!!!
Before I begin, I honestly don't think anyone was trying to make you feel bad, discredit you, or pull the "I'm better than you-I know it all card "
The information they provided you was correct. But it probably wasn't the info you were expecting to receive in response to your query.
You mentioned that you were NOT currently working for this company but they were
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| sponsoring your visa. |
Uh...this is 100% illegal
I think the other posters were trying to explain that while
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| this other company |
may owe severance, it is unlikely to ever be paid and they don't/won't have to pay you. [b]and[/b]if you ever tried to go after them to collect, it would cost you WAY more than the severance itself and you would be in legal trouble because your are illegally working in Korea at the moment. [color=red](at least, based upon the information you provided on this forum)AND
If they are still sponsoring your visa=no severance payment required to be paid "yet"
You stated,that, on paper, you were working for the same company, right?[/b] The law says severance will be paid upon completion/severing ties with company. Technically, you are STILL with the old company. If you did not change this at immigration and its been more then 30 days, then YES, you are in trouble even as you read this.
If they are NOT your employer=illegal worker
[b]YES, I am sure about this.Yes, I know people who have been fined, and deported .Yes. I have assisted others throughout the years in similar situations. Yes, ttompatz was correct and yes, he does know a lot of things. I think you should apologize to him .The people who took the time to respond to you(including me) have literally several decades of combined experience in work/related matters. Some of us, have even beentheredonthat777 and/or helped others(.VISAS, TAX, IMMIGRATION, KOREAN LABOR LAWS,SEVERANCE,PENSION, HEALTH,CONTRACTS,LABOR BOARD,RELATED-ISSUES,ETC.)
BTW:
The OLD law said, you could collect severance ANNUALLY, even if you were renewing a contract with the same company.
The New law states, upon severing ties with the company. By your own admission, on paper, you still work for the SAME company.
Oh, wait. I just reread your comments. WOW!!! You were "unemployed for a whole month and didn't notify immigration? "Yes, definitely illegal. Sorry. Los Angeloser and you're working at a DIFFERENT location than the one listed on your ARC?
Please try your best to accept that someone has bent you over and didn't use Vaseline. Do not waste time, resources, fighting a losing battle.
I've thought of every perceivable way you could win this, and I came up empty-handed. Please keep us informed. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Feb 26, 2014 1:29 pm Post subject: |
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| Los Angeloser wrote: |
| YTMND wrote: |
| Quote: |
| As I said, the labor ministry doesn't care if I'm illegal. Can't you get that through your skull? |
They don't care, and that's a red herring. The issue is that they can't help you if you are illegally working.
If you worked for a full year and don't work for the employer anymore, then you can't collect on severance. You didn't, so you don't get severance.
That's the beginning, middle, and end of it. Stay a year with the next school and be legal. Then, you can collect on unpaid wages. If not, it will be like suing someone in court because they didn't fully pay you for drugs you smuggled. |
WRONG |
Then I challenge you to show your passport with a tourist visa and try to collect on illegal work you are doing. Let's see it. You say wrong, then let's see you do it. |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Thu Feb 27, 2014 7:22 am Post subject: |
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| YTMND wrote: |
| Los Angeloser wrote: |
| YTMND wrote: |
| Quote: |
| As I said, the labor ministry doesn't care if I'm illegal. Can't you get that through your skull? |
They don't care, and that's a red herring. The issue is that they can't help you if you are illegally working.
If you worked for a full year and don't work for the employer anymore, then you can't collect on severance. You didn't, so you don't get severance.
That's the beginning, middle, and end of it. Stay a year with the next school and be legal. Then, you can collect on unpaid wages. If not, it will be like suing someone in court because they didn't fully pay you for drugs you smuggled. |
Illegal work, what is that? How many fn times must someone be told that if there is a contract and one side or the other doesn't break the contract there ain't nothin illegal as far as labor in concerned. Like your ilk says labor has notta to do wit tax just like immy's got noota to do wit labor. Your posse needs to educate you.
WRONG |
Then I challenge you to show your passport with a tourist visa and try to collect on illegal work you are doing. Let's see it. You say wrong, then let's see you do it. |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Thu Feb 27, 2014 7:36 am Post subject: |
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| Los Angeloser wrote: |
| YTMND wrote: |
| Los Angeloser wrote: |
| YTMND wrote: |
| Quote: |
| As I said, the labor ministry doesn't care if I'm illegal. Can't you get that through your skull? |
They don't care, and that's a red herring. The issue is that they can't help you if you are illegally working.
If you worked for a full year and don't work for the employer anymore, then you can't collect on severance. You didn't, so you don't get severance.
That's the beginning, middle, and end of it. Stay a year with the next school and be legal. Then, you can collect on unpaid wages. If not, it will be like suing someone in court because they didn't fully pay you for drugs you smuggled. |
Illegal work, what is that? How many fn times must someone be told that if there is a contract and one side or the other doesn't break the contract there ain't nothin illegal as far as labor in concerned. Like your ilk says labor has notta to do wit tax just like immy's got noota to do wit labor. Your posse needs to educate you.
WRONG |
Then I challenge you to show your passport with a tourist visa and try to collect on illegal work you are doing. Let's see it. You say wrong, then let's see you do it. |
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A stupid passport is NOT neededto file a labor complaint. Get with the times,da ding do do is steal poo man pport, dens what? dyu dink imx sol at laborz doffice dwit workin contract signed in hand? |
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denverdeath
Joined: 21 May 2005
Location: Boo-sahn
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| Posted: Thu Feb 27, 2014 8:38 am Post subject: |
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| Are you an f-visa holder? Are you an "independent" contractor on your past, and/or current, contracts/visas? Are you working for an after-school program, w/wout 2 accts? Providing that info could also help others in trying to give an assessment/help in your situation, you know? Yell at EVERYONE; you'll get deaf ears. Hear? |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Mon Mar 03, 2014 4:08 pm Post subject: |
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| Troglodyte wrote: |
Your current situation is not as dire as Ttompatz paints it. These days it's legal for your employer to farm you out to other companies... |
Not to nitpick but these "other companies" must be owned by the same employer.
If you wish to have another job with a different employer...then you still need to go to Immigration and get the address added to your ARC.
Of course this applies only to E-2 workers as far as I know...not sure what the regulations are for F-visa types these days. |
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