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baldwin_grant
Joined: 16 Mar 2008
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 Posted: Sun Mar 30, 2008 8:41 pm Post subject: getting screwed, and the labor board |
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I arrived in Korea on September 18th 2006. My original contract was from September 18th 2006 - September 18th 2007, working in a hagwon near Sanbon. After I finished this original contract, I extended my contract for 5 months to February 31st 2008. (Recently I extended a little more time until March 31st so that I could finish this business with the labor board.)
In December 2007, most of the Korean teachers were fired, and a new wonjangnim arrived. Nobody told me anything about the situation until January 15th or so. I tried to call my original boss, but it was impossible to reach her through phone or email. The new boss told me that the school had been bought. Apparently the old boss moved to Daejeon.
I did not recieve any pay for December. Also, she did not pay my severance pay from the original contract, or for my plane ticket money to get home. (total owed is almost 5,000,000W)
Some Korean teachers were not paid. The new boss is also owed some money, but she told me that my severance pay and salary and travel money were all part of original contract, and therefore it is all the responsability of the old boss.
I started my complaint with the labor board on February 1st. Other Korean teachers did as well. The labor board was slow, and referred me to the Daejeon labor board, (because the boss moved to daejeon...)
Old boss sent me an email around March 20th saying that she was bankrupt and that she had no money to pay me with, and that I should stop my complaint with the labor board, or else she gets a criminal record.
I'm going for for a meeting with the daejeon labor board officer and my boss this week. But I'm getting told by my recruiter that I absolutely positively should NOT leave the country until I'm actually paid.
Is this really necessary? If I leave my bank accounts open and stay in contact with the labor board, who cares which country I'm in? Does anybody know what I can/should do here?
Also, does anybody know where I can get a proper translator to come with me to daejeon? |
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spyro25
Joined: 23 Nov 2004
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| Posted: Sun Mar 30, 2008 8:42 pm Post subject: |
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| don't go. if you go they will just side with the korean. you need to be in korea to fight this |
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TECO
Joined: 20 Jan 2003
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| Posted: Sun Mar 30, 2008 8:46 pm Post subject: |
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The labour board often actually do side with the teacher(s)!
Problem is that they don't enforce the decisiona and schools simply go on to ignore the judgement.
Big chain schools like Berlitz have been taken to the labour baord many times by teachers and the labour board has judged in favour of the instructors.
In the end, Berlitz just ignored the judgment and continued on doing buisness as usual - firing teachers in their 11th month to avoid severance and just not paying severance for teachers who even do finish their contracts. |
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Bibbitybop
Joined: 22 Feb 2006
Location: Seoul
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| Posted: Sun Mar 30, 2008 8:48 pm Post subject: |
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| spyro25 wrote: |
| don't go. if you go they will just side with the korean. you need to be in korea to fight this |
Bad advice, dude. OP is still in the country, too.
OP, if you are in the country, of course go. If you aren't, you can still have communication with the labor board. But since you are, the main issue isn't whether the labor board will side with you. It's getting the owner to actually pay you. All too often, labor board decisions are ignored. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Mar 30, 2008 8:52 pm Post subject: Re: getting screwed, and the labor board |
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| baldwin_grant wrote: |
1) Old boss sent me an email around March 20th saying that she was bankrupt and that she had no money to pay me with, and that I should stop my complaint with the labor board, or else she gets a criminal record.
2) I'm going for for a meeting with the daejeon labor board officer and my boss this week. But I'm getting told by my recruiter that I absolutely positively should NOT leave the country until I'm actually paid.
3) Is this really necessary? If I leave my bank accounts open and stay in contact with the labor board, who cares which country I'm in? Does anybody know what I can/should do here?
4) Also, does anybody know where I can get a proper translator to come with me to daejeon? |
Numbers were mine for clarification.
1) DO NOT back down. If she doesn't want the criminal proceeding against her she can pay her bills. She sold the shop. She got something for it.
2) This is correct. If you are finished working, get a change of status to G1 or C3 from the immigration office to cover you during this proceeding. G1 (C3 is for less than 90 days) is for people who have outstanding legal issues or suits pending. You will need to show documents to verify your claim to change your status.
3) If you leave you will lose at the labor office. Stay and fight or kiss it goodbye.
4) I don't know anyone down south who can help you.
. |
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baldwin_grant
Joined: 16 Mar 2008
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| Posted: Sun Mar 30, 2008 8:53 pm Post subject: |
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so IF the labor board has no teeth, then why does it exist? is there any way to fight or enforce these decisions other than by getting a lawyer?
someone offer me some hope here. |
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just because
Joined: 01 Aug 2003
Location: Changwon - 4964
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| Posted: Sun Mar 30, 2008 9:02 pm Post subject: |
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| baldwin_grant wrote: |
so IF the labor board has no teeth, then why does it exist? is there any way to fight or enforce these decisions other than by getting a lawyer?
someone offer me some hope here. |
It is basically just a place for arbitration and settlement...it isn't legally binding though. |
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CentralCali
Joined: 17 May 2007
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| Posted: Sun Mar 30, 2008 9:45 pm Post subject: Re: getting screwed, and the labor board |
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| baldwin_grant wrote: |
| I arrived in Korea on September 18th 2006. My original contract was from September 18th 2006 - September 18th 2007, working in a hagwon near Sanbon. |
A year contract would go from September 18th, 2006 to September 17th, 2007. Both Immigration and Labor are well aware of, and adher to, the concept of an inclusive day in determining a year for contract purposes.
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| The labor board was slow, and referred me to the Daejeon labor board, (because the boss moved to daejeon...) |
That's a bit odd. The appropriate office is the one for where your place of employment is or was. Just like it wouldn't matter to them that you would have to travel from Busan to get there, it shouldn't matter a whit that the boss has to travel. That's her problem, not theirs.
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| Old boss sent me an email around March 20th saying that she was bankrupt and that she had no money to pay me with, and that I should stop my complaint with the labor board, or else she gets a criminal record. |
As the poster above mentioned, that's also her problem. You can reply to her that her best course of action to avoid a criminal record is to not commit the crime. And you can also suggest to her that you don't believe a word about her being bankrupt. Finish with Labor, then sue her and have her assets attached.
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I'm going for for a meeting with the daejeon labor board officer and my boss this week. But I'm getting told by my recruiter that I absolutely positively should NOT leave the country until I'm actually paid.
Is this really necessary? If I leave my bank accounts open and stay in contact with the labor board, who cares which country I'm in? Does anybody know what I can/should do here? |
Before a coworker left the country, he appointed me his representative at the Labor Board. As it turns out, I really couldn't go up there (see above about the travel) so he was able to appoint another friend of ours to represent him. You can go into the closest Korean Consulate and swear out an assignment sheet for that.
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| Also, does anybody know where I can get a proper translator to come with me to daejeon? |
Call the Daejeon board first. Sometimes there's someone performing their military service and they're attached to the board. If they speak English, part of their duty is to be the official translator. Otherwise, you'll have to hire someone or ask a friend to do it. Hiring might be as simple as posting a notice at the local university. |
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Atavistic
Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.
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| Posted: Sun Mar 30, 2008 9:49 pm Post subject: |
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| Bibbitybop wrote: |
| spyro25 wrote: |
| don't go. if you go they will just side with the korean. you need to be in korea to fight this |
Bad advice, dude. OP is still in the country, too. |
He said "you need to be in Korea," didn't he? I think the "don't go" meant "don't leave Korea." |
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Atavistic
Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.
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| Posted: Sun Mar 30, 2008 9:51 pm Post subject: Re: getting screwed, and the labor board |
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| ttompatz wrote: |
| 3) If you leave you will lose at the labor office. Stay and fight or kiss it goodbye. |
But also be aware that even if you win (me) and even if you get a court judgment (me) you may still not get your money (me).
If you actually think someone's got money, fight. Otherwise, you may spend a lot of time and money (if you're sitting here, not working) to fight and still get jack shit.
Such is life in Korea. |
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jadarite
Joined: 01 Sep 2007
Location: Andong, Yeongyang, Seoul, now Pyeongtaek
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| Posted: Sun Mar 30, 2008 10:05 pm Post subject: |
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| Would it be easier to try to get a letter of recommendation from her instead and use it to get a better job? You might be able to get the money back and a better position without the fight. |
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Typhoon
Joined: 29 May 2007
Location: Daejeon
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| Posted: Sun Mar 30, 2008 10:27 pm Post subject: |
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The Daejeon labour board is pretty solid. Everything I have heard about them is that they hate hagwons. If you have to use a labour board it is a good one to use. You will need to take your labour court decision to court and then put a lean (sp?) on your former boss's possessions if she states she can't pay you. It won't be a fast process, but it will work. Once the lean (sp?) is put on your boss's possessions you will see your money. Bankrupt doesn't mean there is no money it just means she put her money in someone else's name. If she truly is bankrupt they will take her things, sell them and pay the money to people who have gone through the process of getting a lean.
Also don't leave if you want to get your money.
How the hell do you spell lean???? |
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cbclark4
Joined: 20 Aug 2006
Location: Masan
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| Posted: Sun Mar 30, 2008 10:29 pm Post subject: |
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You can use the labor board finding to get a decision in small claims court.
Then you will need to find a way to collect on the courts decision.
You may have to drag them back to court so the court can make ruling on contempt.
This can drag on for quite a while.
Take a look at the Ian in Ilsan thread I think it was St. Andrews Academy or
something like that a very famous thread about a guy who sued his heogwan. |
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CentralCali
Joined: 17 May 2007
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| Posted: Sun Mar 30, 2008 10:41 pm Post subject: |
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Typhoon,
The spelling you seek is lien. |
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Typhoon
Joined: 29 May 2007
Location: Daejeon
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| Posted: Sun Mar 30, 2008 10:56 pm Post subject: |
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| Thank you!!! I actually just looked it up because it was making me crazy. I hate when I can't spell things. |
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