Korean Job Discussion Forums

[GoNorth]

A friend of mine just got the perfect gift - his pink slip with less than 30 days notice - his contract said 60. His school just informed him they will be moving to another one of their campuses (consolodating) and will change designations and no longer be a foreign language institute as of the 1st of the year. He has a wife and 2 kids here. He has worked over 3 years in korea (teaching degree) and is a model teacher - the school said so. He had to send off for all of the new E2 paperwork (rushed) and used his kids Christmas money to do it. I have never seen him worse, but he still loves to teach and wants to stay in korea - albiet now in a Public school. His friends are helping him thru the transition, but my question is what rights does he have? Merry Christmas and Happy Holidays.[/b]

[tob55]

Your friend is just one of the many examples that show rules matter in most places around the world, but seldom mean anything here. This is the fourth person I have heard about in the last week that had the same thing happen to them. In a work culture where you are valued depending on your nationality, color of skin, appearance, and ability to say the right things (all of which have nothing to do with quality instructors), I am at a loss to figure out why I have been able to keep my own job so long. I guess I am working against the odds right now with three years in, but I would say it makes sense if you are planning on staying in Korea for the long term to have some other plan than to be teaching English.

The tide is quickly turning and there is a great amount of anti-foreigner sentiment floating around. I would say this type of situation is going to get much worse before there is the slightest possibility of it getting better. Tell your friend that there are options he can pursue through the labor board to get his money, ttompatz (sp) and others know better than I do about such matters, but in the end it will be hard to get the money and sense of satisfaction back over what was done to him and his family. I don't know if it ever occurs to Korean owners that people have lives and families that are affected by their senseless and mindless acts. Too often they just pass it off as the foreigner that they felt wasn't that great in the first place...

[GoNorth]

no when I talked with him - he understands the culture and the 3 year cap usually on private institutes. He had a good job - great co-workers, flexibility and the ability to actually teach. At the end of his contract - he new he wouldn't be resigned because of cost. It is the timing of it all which is torturing him. He just has to keep moving forward for his family. He still doesn't know what will be honored in his contract, but he is a fighter when it comes to his kids. Just remember newbies - a contract isn't a "contract" in the same sense in the west. It's a negotiating point that will be used for the owners advantage in most cases. I'm just amazed he is still positive.

[ED209]

Tell him to contact labor, he should get either 30 days notice, if less than 30 days he should get the remainder in pay. He should also try to get the full 60days as the contract states. Does his contract mention anything else about dismissal such as airfare.

http://english.molab.go.kr/

[garykasparov]

[GoNorth]

His contract states 60 - they are trying to use a managerial reason for dismissal. Because of the change of school status and new location (He worked the same location in his 1st year.) From what I understand they only verbally notified him, then had a meeting to discuss packages. A paper was drawn before the meeting, but the terms were deamed illegal and taken back. He is still waiting for the paperwork. But he is looking at lawyers and will have a meeting with labor if something "goes wrong."

[garykasparov]

Article 31 (Restriction on Dismissal for Managerial Reasons)

(1) If an employer wants to dismiss a worker for managerial reasons, there shall be urgent managerial needs. In such cases as transfer, acquisition and merger of business which are aimed to avoid financial difficulties, it shall be deemed that there is an urgent managerial need.

(2) In the case of paragraph (1), an employer shall make every effort to avoid dismissal of workers and shall select workers to be dismissed by establishing rational and fair standards of dismissal. In such cases, there shall be no discrimination on the ground of gender.

(3) With regard to the possible methods for avoiding dismissal and the criteria for dismissal as referred to in paragraph (2), an employer shall give a notice 60 days prior to dismissal day to a trade union which is formed by the consent of the majority of all workers in the business or workplace concerned(or to a person representing the majority of all workers if such trade union does not exist, hereinafter referred to as a �workers� representative�) and have sincere consultation.

(4) When an employer intends to dismiss more than a certain number of workers which is defined by the Presidential Decree under the conditions as referred to in paragraph (1), he/she shall report it to the Minister of Labor as determined by the Presidential Decree.

(5) In cases where an employer has dismissed workers in accordance with the requirements as stipulated in paragraphs (1) to (3), it shall be deemed that the dismissal concerned is made based on the justifiable reasons in accordance with paragraph (1) of Article 30. <This Article Wholly Amended by Act No. 5510, Feb. 20, 1998>

[Norith]

Didn't the OP say that the hogwan won't be a hogwan in less than 30 days? My understanding was that schools can do as little as change the name of their institute, or transfer ownership to a brother, and get out of paying any debts they are required to pay (also, contracts are immediately nullified). I may be wrong on this point, but I thought that the experts around here had said that. If that's the case, certainly closing the school would keep the OP's friend from being able to cash in.

experts?

[PRagic]

And I'll say it AGAIN...NOBODY SHOULD WORK FOR HAKWONS PAST THEIR FIRST YEAR! DON'T EVEN TAKE A HAKWON JOB TO BEGIN WITH IF YOU CAN AVOID IT.

[Roch]

[garykasparov]

edit

[GoNorth]

I just heard from him - he worked the whole day - finished was handed his release form from the secretary in korean. Told not to come in to work tomorrow - they were "legally" in the right. He lost 2 airplane tickets, got a 30 day paid notice/80% or so severence/ and they stopped payment on his apartment on that day. He was told they talked to someone high in the labor board and they were in the right. When his airplane tickets were brought up - the reply was basically sue me.

[ED209]

[garykasparov]

What's the name of the hagwon?

[CentralCali]