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WoBW
Joined: 07 Dec 2007
Location: HBC
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 Posted: Mon Sep 01, 2008 6:59 pm Post subject: Labor Board: 2 stupid questions |
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First: what is their pnone number?
Second:do these people actually speak English? I mean, can you have a coherent conversasion with them or is it kind of broken?
I told you they were stupid questions, and they are, but I just got fired for having a brain haemorrhage and somehow I think that is bloody unfair. I want to do something about it. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Sep 01, 2008 7:20 pm Post subject: Re: Labor Board: 2 stupid questions |
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| WoBW wrote: |
First: what is their pnone number?
Second:do these people actually speak English? I mean, can you have a coherent conversasion with them or is it kind of broken?
I told you they were stupid questions, and they are, but I just got fired for having a brain haemorrhage and somehow I think that is bloody unfair. I want to do something about it. |
Call Center
The Call Center of the Ministry of Labor provides counseling service on employment & labor administration such as wage, retirement pay, dismissal, trade unions, occupational safety, equal employment, general labor matters, etc.
Phone counseling service is available from Monday to Friday, from 9:00 to 18:00.
ㆍCall for Foreign Workers : 031-345-5000
http://english.molab.go.kr/english/labor/Foreign-call.jsp
You are aware that if you have been employed for less than 6 months there is no legal recourse to termination. Collect your pay, pack your bags, get your LOR and find a new job.
If you can't / don't get a LOR, make a trip to immigration and explain your problem so they can cancel your visa and make it possible to get a new job.
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Lekker
Joined: 09 Feb 2008
Location: Seoul
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| Posted: Mon Sep 01, 2008 8:42 pm Post subject: Re: Labor Board: 2 stupid questions |
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| ttompatz wrote: |
| WoBW wrote: |
First: what is their pnone number?
Second:do these people actually speak English? I mean, can you have a coherent conversasion with them or is it kind of broken?
I told you they were stupid questions, and they are, but I just got fired for having a brain haemorrhage and somehow I think that is bloody unfair. I want to do something about it. |
Call Center
The Call Center of the Ministry of Labor provides counseling service on employment & labor administration such as wage, retirement pay, dismissal, trade unions, occupational safety, equal employment, general labor matters, etc.
Phone counseling service is available from Monday to Friday, from 9:00 to 18:00.
ㆍCall for Foreign Workers : 031-345-5000
http://english.molab.go.kr/english/labor/Foreign-call.jsp
You are aware that if you have been employed for less than 6 months there is no legal recourse to termination. Collect your pay, pack your bags, get your LOR and find a new job.
If you can't / don't get a LOR, make a trip to immigration and explain your problem so they can cancel your visa and make it possible to get a new job.
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How can immigration make it possible to find a new job without a LOR from your employer? |
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hugekebab
Joined: 05 Jan 2008
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| Posted: Mon Sep 01, 2008 9:11 pm Post subject: Re: Labor Board: 2 stupid questions |
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| WoBW wrote: |
First: what is their pnone number?
Second:do these people actually speak English? I mean, can you have a coherent conversasion with them or is it kind of broken?
I told you they were stupid questions, and they are, but I just got fired for having a brain haemorrhage and somehow I think that is bloody unfair. I want to do something about it. |
Sorry to hear about that mate, hope it's all cleared up now. Your health is more important than any shitty job, don't let it stress you too much; that won't be good for you. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Sep 02, 2008 12:31 am Post subject: Re: Labor Board: 2 stupid questions |
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| Lekker wrote: |
| How can immigration make it possible to find a new job without a LOR from your employer? |
IF you go into the immigration office and inform them that you have quit they can cancel your visa, take away your ARC, give you an exit order and that effectively frees you up to find a new job and begin the visa process over again (from the start).
Immigration is NOT your enemy and they are aware of the problems that foreigners face in the hakwon industry and often they do try to help you when they can.
Leave the emotional baggage and anger at home. Be polite, professional and factual when you deal with them. They are the ONLY ones who can deal with your visa issues, with or without the LOR.
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Tue Sep 02, 2008 1:01 am Post subject: |
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I've said this before, and you should hear it. I've actually been to Labor, twice, and won both times.
First, go to Labor to file for monies owed and wrongful termination. Then, go to Immigration, AFTER you file with Labor, and let them know that you were fired and show them your termination notice and/or a copy of what you filed at Labor. Let Immigration know that you are still in Korea and that you intend to fight for your legal rights. Ask Immigration to either put a hold on your visa or release you from the E2 so you can work in Korea while your case proceeds.
This is important because MANY hagwon owners go to Immigration and lie, and tell Immigration that you simply walked off and quit. Then, Immigration issues a 14 day exit order for you, and, once you are found by Immigration, you will be deported, even if you have a legal case with Labor against your hagwon.
Immigration believes the FIRST person (you or the hagwon owner) who tells them what is happening.
Do EVERYTHING as quickly as you can so you can have a chance to have a fair Labor hearing AND you can work, LEGALLY, in Korea while your case works it's way through the Korean labor law system.
Take it from someone who has done it this way- you can win, but you gotta move quickly and with "smarts." |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Tue Sep 02, 2008 1:04 am Post subject: |
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| ttompatz, are you 100% CERTAIN that there's no legal recourse for illegally terminated teachers with less than 6 months at their schools? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Sep 02, 2008 2:01 am Post subject: |
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| wylies99 wrote: |
| ttompatz, are you 100% CERTAIN that there's no legal recourse for illegally terminated teachers with less than 6 months at their schools? |
not under labor law....
however it is or may be a contractual matter... but labor may or may not be able or willing to take that on .... and it probably won't be worth the time, trouble or effort in the legal system.
There are some protections (depending on the size of the school) under the Act on the Protection, etc. of Fixed-term and Part-time Employees (or the related policy handbook): http://english.molab.go.kr/data/ActontheProtection,Etc.,ofFixed-term&Part-timeEmployees.pdf but I wouldn't count on it because arguably, although we are contract employees, we do not fit under the definition of fixed term employee.
Again, it would be an uphill battle and easier to just move on than fight to keep a job that doesn't want you. (The provisions require them to re-employ you).
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Draz
Joined: 27 Jun 2007
Location: Land of Morning Clam
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| Posted: Tue Sep 02, 2008 3:05 am Post subject: Re: Labor Board: 2 stupid questions |
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| ttompatz wrote: |
| Lekker wrote: |
| How can immigration make it possible to find a new job without a LOR from your employer? |
IF you go into the immigration office and inform them that you have quit they can cancel your visa, take away your ARC, give you an exit order and that effectively frees you up to find a new job and begin the visa process over again (from the start).
Immigration is NOT your enemy and they are aware of the problems that foreigners face in the hakwon industry and often they do try to help you when they can.
Leave the emotional baggage and anger at home. Be polite, professional and factual when you deal with them. They are the ONLY ones who can deal with your visa issues, with or without the LOR.
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That's not what they told me when I went on Friday. I dragged someone from the school along, which was not good enough, and they demanded a bunch of paperwork from the school. This is an office in the sticks, and no one there speaks any English at all so everything had to go through the school rep, but I very much doubt they would cancel it for me at my own personal request. |
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WoBW
Joined: 07 Dec 2007
Location: HBC
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| Posted: Tue Sep 02, 2008 11:15 am Post subject: |
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Well, I was there just over 6 months. I told them that means they have to give me 30 days pay. Is that right? ttompatz?
Also I don't want to cancel my visa yet because I din't want the dreaded exit order. I can't leave within 14 days unless I just abandon all my possessions, including a nice TV, DVD player and furniture. I need a solution whereby I can just hang on in there. |
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yingwenlaoshi
Joined: 12 Feb 2007
Location: ... location, location!
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| Posted: Tue Sep 02, 2008 11:56 am Post subject: |
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| WoBW wrote: |
Well, I was there just over 6 months. I told them that means they have to give me 30 days pay. Is that right? ttompatz?
Also I don't want to cancel my visa yet because I din't want the dreaded exit order. I can't leave within 14 days unless I just abandon all my possessions, including a nice TV, DVD player and furniture. I need a solution whereby I can just hang on in there. |
An exit order should give you 30 days from your last working day. |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Tue Sep 02, 2008 1:26 pm Post subject: |
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| Immigration takes you much more seriously after you have filed with Labor and can show Immigration that there is a upcoming hearing. |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Tue Sep 02, 2008 1:28 pm Post subject: |
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| ttompatz wrote: |
| wylies99 wrote: |
| ttompatz, are you 100% CERTAIN that there's no legal recourse for illegally terminated teachers with less than 6 months at their schools? |
not under labor law....
however it is or may be a contractual matter... but labor may or may not be able or willing to take that on .... and it probably won't be worth the time, trouble or effort in the legal system.
There are some protections (depending on the size of the school) under the Act on the Protection, etc. of Fixed-term and Part-time Employees (or the related policy handbook): http://english.molab.go.kr/data/ActontheProtection,Etc.,ofFixed-term&Part-timeEmployees.pdf but I wouldn't count on it because arguably, although we are contract employees, we do not fit under the definition of fixed term employee.
Again, it would be an uphill battle and easier to just move on than fight to keep a job that doesn't want you. (The provisions require them to re-employ you).
. |
So, are you saying that teachers with under 6 months in Korea can't file any complaints at Labor or that they can't win at Labor?
I filed at Labor for wrongful termination at 4 months and I won. |
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garykasparov
Joined: 27 May 2007
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| Posted: Tue Sep 02, 2008 1:40 pm Post subject: |
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wyliess99,
You should consult in Ianinilsan before you continue this argument.
garykasparov |
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garykasparov
Joined: 27 May 2007
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| Posted: Tue Sep 02, 2008 2:01 pm Post subject: |
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| WoBW wrote: |
Well, I was there just over 6 months. I told them that means they have to give me 30 days pay. Is that right? ttompatz?
Also I don't want to cancel my visa yet because I din't want the dreaded exit order. I can't leave within 14 days unless I just abandon all my possessions, including a nice TV, DVD player and furniture. I need a solution whereby I can just hang on in there. |
First, don't panic. You can get visa extensions giving yourself enough time to sort out your personal affairs.
Second, consider the amount of time, effort, and, and annoyance you are about to undertake merely to wiggle a month's pay out of them.
What I would do is the following:
1) Go to your boss and request use of the apartment for another few weeks to a month.
2) Make the calls to labour, but don't expect them to get your money that you are owed.
Make the report and then tell your boss you've made the report. Then collect up all your pay stubs etc, utility bills, contract, and any written complaints your boss has made against you. Stuff a few official pieces of paper from the internet, get a lawyer's card and tape it to the top of the pile.
Then go bluff your boss.
This worked for me and got me all the money I was owed from a school in Suwom. My boss about crapped her britches running out the door to get me my 1 million won she owed me.
However, realize it is all a bluff and the real deal here should be about you getting enough time to dispose of your personal possesions and wrap up any last minute details.
-Just remember... bluffing or beating your boss on the head with labor is a sidenote.
Yers truly,
pps.. Dave's still sucks. |
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