Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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 Posted: Mon Sep 05, 2011 6:38 pm Post subject: |
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| ontheway wrote: |
| Los Angeloser wrote: |
| Icewontolla wrote: |
| Not good news I don't like to break the law....I'm very pissed off now that I've been put into this situation. No she doesn't have a BA but apparently I was lied to about the significance of that. Yes we're american, she's in the middle of an english degree. |
Not to put the green light on anything but many teachers work illegally between contracts for a period of time even when they know what they are doing. It's not because they want to, that's just the way many Korean employers run things and Immigration allows to happen, hence the reason for much ignorance of the Korean law among Koreans themselves.
I know someone who was denied an E-2 visa some years ago simply because she made a complaint to the labor department about her employer. The law and governmental agencies usually favor Koreans so you better have your aces in a row before you do anything and always remember that you shouldn't react too strongly to anything your employer might say quickly. Simply let it run off your shoulder, wait until the next day to react more calmly. Koreans often change their minds the next day, just give them something to think about, ask questions such as how you can improve, do better, or why they exactly they want to fire you. And if that isn't in writing then they are bluffing. Ask your employer to give your last warning in writing, that is the law. Korean labor law is strict, some international companies avoid S. Korea because of them. |
Misinformation above:
1) Immigration doesn't allow E2 teachers to work illegally between contracts or any other time. Yes, many do it and they get away with it because they don't get caught. Immigration knows it happens, but they don't know who, when or where. If Immgration finds out you'll get busted.
I know someone who was denied an E2 visa just because Immigration suspected they had worked illegally while here on a tourist visa. The teacher had to prove that he hadn't. Minimum 5 year ban.
2) Warnings are not required before firing. They can be given verbally, in writing or not at all. They are only required if your contract requires them. Your employer has to give you 30 days notice or 30 days pay after you've been employed for some period (6 months?) under Korean law, but no warnings. |
There isn't misinformation in # 1, I never said Immigration says it's legal to work illegally, the point was that by not regulating its own laws there are MANY teachers who work illegally between contracts. Your example is extraodinary and unusual to say the least.
#2, There is some truth to what I said since it is in the best interest of the employer to give a written notice. If they don't the employee can say that the employer NEVER was informed of dismissal(and vice versa, when an employee gives a 30 notice of quitting, it's wise to give in in writting or the employer can say that it was NEVER received)...
Article 32 (Advance Notice of Dismissal)
(1)An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose. |
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