Korean Job Discussion Forums

[thematrixiam]

Here's another fun one.
I have been working at my hogwan in jeunsungbagi for 10 months or so now. since july 07. contract up on july 14th 08.

I have been working there, with my tattoos, the whole time. and now my reasons for dismissal are my tattoos, using my cellphone in class (which I next to never do, and it's only to txt), and apparently rubbing my stomach or something in class.

I was never given any written warning or 30 days notice. he wants me to go to immigration tomorrow.

any advice?
where's the local ministry of labor... I am at guro digital complex. I work in jeungsungbagi

thanks

[polonius]

Check your contract. There should be a clause in it saying that he must give you 30 days notice, or something along those lines. If he is claiming that he is firing you for cause, he might not have to pay the 30 days. Again, this depends on the wording in your contract.

I would take it to the labor board. I am assuming that you have not received any reprimands up to this point. And by the sounds of it, you haven't committed gross negligence. As a manager myself, I would say though that texting in class probably isn't the best thing to be doing. I wouldn't accept it, but I wouldn't fire someone for it if it was their first offense.

Tell him you want to take this situation to the labor board if he doesn't give you 30 days notice/pay. Be polite about it. Not sure where labor is, but I think the number is 1350.

[thematrixiam]

my contract says 2 weeks notice... but the labor laws say 30 days. and I thought labor laws take precedence. and I have recieved nothing in writing, no dismissal, or warning

[garykasparov]

XVII. Dismissal

A. http://english.molab.go.kr/data/LaborStandardsAct.pdf

B. Article 23-33, 35

Article 26 (Advance Notice of Dismissal)

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, ordinary wages of more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue business because of natural disasters, armed conflicts, or other unavoidable causes, or where a worker has caused considerable difficulties to business, or damage to properties on purpose.

Article 27 (Written Notification of Reasons for Dismissal)

(1) If an employer intends to dismiss a worker, the employer shall notify the worker of reasons for dismissal and the date of such dismissal in writing.
(2) The dismissal of a worker shall take effect only after the written notification is given to the worker pursuant to paragraph (1).

Article 35 (Exceptions for Advance Notice of Dismissal)

The provisions of Article 26 shall not apply to workers who fall within the purview of each of the following subparagraphs:
1. a worker who has been employed on a daily basis for less than three consecutive months;
2. a worker who has been employed for a fixed period not exceeding two months;
3. a worker who has been employed as a monthly-paid worker for less than six months;
4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; or
5. a worker in a probationary period

[Big4Jerm3]

What kind of tatto's do you have? Full sleeves? I ask because I am headed to Korea soon and have a few as well.

[polonius]

OP, I sent you a PM.

[thematrixiam]

not full sleeves. but it is still visible if I wear short sleeves.
It's nothing offensive, the kids are fine with it. I think some parent's just don't understand the cultural difference of tattoos in North America and in Korea.

[thematrixiam]

[mrsquirrel]

[thematrixiam]

[kentucker4]

[mrsquirrel]

[articulate_ink]

I've got visible tattoos (even when I'm wearing a long-sleeve shirt you can still sometimes see the one on my left wrist) and have had no trouble because of them in three years here. I've seen Korean guys with bigger tats than mine at every gym where I've worked out. No weirdness there either. And the students at my uni are starting to get them. The broad-brush 'Koreans don't like tattoos' statement is a bit over-the-top. As a reason for dismissal from the job, it's ridiculous. If you're so far out in the country that the local bumpkins think you're a white mobster from hell because of them, get fired and move on to a better job in a more civilized locale.

[thematrixiam]

called the ministry of labour

they said because I have less than 5 employees at my work I am basically screwed over.

He broke the law by not giving me 30 days.

But to deal with that I have to petition to get the money he owes me from the 30 days.

To do that process takes at least a month.

Which leaves me sitting in korea with no job, no pay, for a month. And in the end I am no better off. No better off because I lose out on pay I would get iff I would be working.

The only benefit is that he gets a bad point on his record.

[Ut videam]

It is worth it to fight him, because you're owed more than just 30 days' pay. The eleventh-month firing is probably to get the hagwon owner out of paying severance and return airfare, which is illegal. Let me quote ttompatz's sage advice from another current thread: