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jangsalgida
Joined: 11 Jan 2006
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 Posted: Fri Dec 07, 2007 1:43 am Post subject: After-school Teacher ever won severance ruling from Labor M |
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Has any after-school program teacher ever won a severance ruling from the Labor Ministry? I told them that my E-2 doesn't qualify me to be Independent Contractor(his words were "Liberal Incomer"). He ignored the Immigration law.
He told me I'm not an employee, my contract specifically states that I am more than once.
He told me my method of pay didn't qualify as "wages." He only said I'm like a "Caddy," not getting the same payment each month. I was actually paid X amount per student each month.
The school inserted a part in the contract that states I will not receive retirement. Yes, I signed but figured the school cannot contract against the law. I worked there more than 1 year.
He told me that he can ignore the contract that states I am an employee if I can ignore the part which states I will not receive retirement pay(according to Article 25.3 and Article 2.9) |
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Tony_Balony
Joined: 12 Apr 2007
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| Posted: Fri Dec 07, 2007 3:44 am Post subject: |
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| I collected most of my severance from my after school program by doing the account switcheroo and then stiff arming my not too large handler for several blocks until I was able to escape on the subway. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Fri Dec 07, 2007 5:29 am Post subject: Re: After-school Teacher ever won severance ruling from Labo |
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| jangsalgida wrote: |
| He told me ... |
Sounds like he has his head up his ass about a lot of things. Time to go up the ladder, or to the provincial head office. Talk to someone who hasn't taken a bribe from your boss. |
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Roch
Joined: 24 Apr 2003
Location: Seoul
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| Posted: Fri Dec 07, 2007 5:33 am Post subject: Re: After-school Teacher ever won severance ruling from Labo |
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| jangsalgida wrote: |
Has any after-school program teacher ever won a severance ruling from the Labor Ministry? I told them that my E-2 doesn't qualify me to be Independent Contractor(his words were "Liberal Incomer"). He ignored the Immigration law.
He told me I'm not an employee, my contract specifically states that I am more than once.
He told me my method of pay didn't qualify as "wages." He only said I'm like a "Caddy," not getting the same payment each month. I was actually paid X amount per student each month.
The school inserted a part in the contract that states I will not receive retirement. Yes, I signed but figured the school cannot contract against the law. I worked there more than 1 year.
He told me that he can ignore the contract that states I am an employee if I can ignore the part which states I will not receive retirement pay(according to Article 25.3 and Article 2.9) |
Is this BNC Action English and Jack Lee? |
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jangsalgida
Joined: 11 Jan 2006
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| Posted: Fri Dec 07, 2007 5:36 am Post subject: |
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| No, I filed the complaint against the public elementary school directly. |
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jangsalgida
Joined: 11 Jan 2006
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| Posted: Fri Dec 07, 2007 5:55 am Post subject: Re: After-school Teacher ever won severance ruling from Labo |
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| Young FRANKenstein wrote: |
| jangsalgida wrote: |
| He told me ... |
Sounds like he has his head up his ass about a lot of things. Time to go up the ladder, or to the provincial head office. Talk to someone who hasn't taken a bribe from your boss. |
I called 1350 and used the provided English Interpreter, who in the end couldn't explain to me why everything I said was argued against by the Labor Ministry idiot(Mr. Y)
Where can I go? The place I'm at must decide that I know of. I know Mr. Y ain't going to budge. I could ask to see his supervisor, but that probably won't work. Mr. Y told me to have someone I know(Korean) call him Monday so he can explain to them why I can't receive my severance.
At the 1st hearing date when Mr. Y used the Elementary school's Representative(English Coordinator) as my Interpreter without my permission. I would like to know whose plan/idea it was to do that? Was it his idea/plan or the plan of the elementary school?
Also, he didn't listen to my story separately such as the Bangi-dong Labor Ministry did in 2004. I think Mr. Y should have listened to my side of the story separately/individually from the elementary school I filed a complaint against.
At the 1st hearing date I sat next to the elementary school's Representatives(also the Administrator) and behind the computer. Mr. Y couldn't see me well nor could I see him. The Representatives sat directly across from Mr. Y. The hearing lasted 1 hour and 45 minutes, Mr. Y spoke mostly to the Representatives and very little to me. I felt as though there were 3 people against me at the 1st labor hearing. Mr. Y listened and agreed with everything the Representatives said. And, Mr. Y first said "NO"(as did the English Coordinator) when I asked to see the English version of the Korean Labor Law book, a moment later he reluctantly provided the English Labor Law book to me.
At the end, Mr. Y said "you will attend again for a 2nd hearing date." That didn't happen! He lied and made a decision 48 hours later through a phone call to me and e-mail. I went to complain and file another complaint which I attended the hearing for today. Today, he didn't use the same Law book, he said it was outdated. The difference was in the definition of 'wages.' Before it said "any kind of payment," today the print-out he showed me said something like "any money payment." |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Fri Dec 07, 2007 3:39 pm Post subject: |
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Just a tip for the future- Bring your own interpreter, OR have someone you can trust type up your side of the story in Korean, and you can present that to labor and Immigration (if necessary).
This whole "Independent Contractor" business is a very big deal and many teachers are being cheated through it. We can't be "Independent Contractors", and the Tax/pension/HealthIns/Immi folks let the rotten hogwans get away with it. |
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jangsalgida
Joined: 11 Jan 2006
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| Posted: Fri Dec 07, 2007 4:50 pm Post subject: |
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| wylies99 wrote: |
Just a tip for the future- Bring your own interpreter, OR have someone you can trust type up your side of the story in Korean, and you can present that to labor and Immigration (if necessary).
This whole "Independent Contractor" business is a very big deal and many teachers are being cheated through it. We can't be "Independent Contractors", and the Tax/pension/HealthIns/Immi folks let the rotten hogwans get away with it. |
Sounds like it, should I picket in front of the labor ministry? So, nobody has ever received it, I know you can't answer in absolute terms but...
Here is what I'll do, I'll have a Korean call the labor ministry and simply ask them what "any kind of payment" means under the definition of wages Article # 18. Then I'll have them call the idiot at the office I attended and have him explain it and see the huge difference in that. I mean come on, like I'm like a 'Caddy.' How can that be? Don't they recieve tips and most only work seasonal?
How are we being cheated on tax? I haven't ever received a payslip, so I don't think the tax office will care about any taxes they pay or I pay. I've been to the tax office before and that is what happened. The tax office simply doesn't care if I report a Hagwon/Public Elementary School not paying taxes. I'm sure they haven't reported any taxes being paid by me! The pension office initially told me it would take 4 or 5 days to make a decision on whether my break times counted. Then they heard from the elementary school that I filed a complaint at the labor office and then the pension office said it would take 2 + weeks for a decision. I said that pension and labor issues are separate, they agreed. But I doubt they really think so? |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Dec 08, 2007 6:08 am Post subject: Re: After-school Teacher ever won severance ruling from Labo |
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| jangsalgida wrote: |
| Where can I go? The place I'm at must decide that I know of. I know Mr. Y ain't going to budge. I could ask to see his supervisor, but that probably won't work. |
Mr. Y sounds like a big fish in a small pond. Stuck in some backwater branch office, he has to make his life meaningful by acting the big shot and throwing his weight around, and damn the laws.
Don't deal with the branch office any more. Go to the labor website and look for the provincial head office. They should be able to put Mr.Y-does-he-have-a-job in his place.
www.molab.go.kr |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Sat Dec 08, 2007 4:08 pm Post subject: |
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| jangsalgida wrote: |
| wylies99 wrote: |
Just a tip for the future- Bring your own interpreter, OR have someone you can trust type up your side of the story in Korean, and you can present that to labor and Immigration (if necessary).
This whole "Independent Contractor" business is a very big deal and many teachers are being cheated through it. We can't be "Independent Contractors", and the Tax/pension/HealthIns/Immi folks let the rotten hogwans get away with it. |
Sounds like it, should I picket in front of the labor ministry? So, nobody has ever received it, I know you can't answer in absolute terms but...
Here is what I'll do, I'll have a Korean call the labor ministry and simply ask them what "any kind of payment" means under the definition of wages Article # 18. Then I'll have them call the idiot at the office I attended and have him explain it and see the huge difference in that. I mean come on, like I'm like a 'Caddy.' How can that be? Don't they recieve tips and most only work seasonal?
How are we being cheated on tax? I haven't ever received a payslip, so I don't think the tax office will care about any taxes they pay or I pay. I've been to the tax office before and that is what happened. The tax office simply doesn't care if I report a Hagwon/Public Elementary School not paying taxes. I'm sure they haven't reported any taxes being paid by me! The pension office initially told me it would take 4 or 5 days to make a decision on whether my break times counted. Then they heard from the elementary school that I filed a complaint at the labor office and then the pension office said it would take 2 + weeks for a decision. I said that pension and labor issues are separate, they agreed. But I doubt they really think so? |
The key is the tax office. That's where your "independent Contractor" status can be changed. You'll need the help of someone who speaks Korean and understands what's going on. |
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jangsalgida
Joined: 11 Jan 2006
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| Posted: Sun Dec 09, 2007 4:37 am Post subject: |
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I am prepared to go the distance regardless of the Labor Ministry decision. Another words, I will file a civil lawsuit against the public elementary school.
I wonder if the Judge will ignore the fact that my contract states that I'm an employee and that according to Immigration law, E-2 Visa holders can't be "Independent Contractors"? |
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jangsalgida
Joined: 11 Jan 2006
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| Posted: Mon Dec 10, 2007 2:04 am Post subject: |
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| How much is the Immigration fine(for employers/public elementary school) for illegally employing an E-2 Visa holder? |
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