Korean Job Discussion Forums

bettyspaghetti · Joined: 28 Apr 2008 Location: Seoul (Mokdong)

My school hasn't paid me (again). They pulled me in and told me that they can't pay me- they don't know when they can pay me- but they need me to stay for two weeks so they can sell the hagwon. Meanwhile EVERY other employee has quit except for the secretary who hasn't been paid in 3 months. They told me that they understood that I am not obligated to work for them and they will release me.

I, stupidly, went in yesterday and worked (as all my school supplies were there and I wanted to get them). I told them that today I would be late as I had job interviews. They got very angry and told me that I HAVE to stay by law for two more weeks or they will not release me- but they aren't going to pay me- don't know when they can pay me (if ever).
I am going to the labor board tomorrow at 11:00 and job interviews today.

My QUESTION is IS IT LEGAL FOR THEM TO HOLD ME WITHOUT PAY? AT WHAT POINT DOES THEIR VIOLATION OF THE CONTRACT FACTOR INTO MY LEGAL RIGHTS? IS WHAT THEY ARE TELLING ME TRUE?
HOW CAN I GET OUT ASAP AND GET INTO A JOB THAT WILL PAY ME AND START EARNING MONEY?

As it is right now I am working for free. I am going to be late today regardless. AAAAAAAAAH. Even if I start a new job next week I'm not really going to get a full months pay until sometime in November. That 3 months with out pay. I can't afford that!

Yu_Bum_suk · Joined: 25 Dec 2004

How badly do you want to stay in Korea? If you really want to stay I'd just do what was needed to get a LOR and then go to the labour board afterwards.

xCustomx · Joined: 06 Jan 2006

jellobean · Joined: 14 Mar 2006

If you have pay that is more than 14 days late, go to the labor board NOW! They will take care of the rest.

I'm not certain what immigration will do, but once the labor board is involved, you might be able to transfer to a new job without the old employers permission.

Can someone with more knowledge clarify this?

Also, try to find a new job. Once you have one they should help you out of this mess because they want to employ you. Start looking NOW!

Evanzinho · Joined: 10 Apr 2008 Location: California

Perhaps my reading comprehension skills suck, but why do you keep going in to work day after day after not being paid for three months while every other employee has quit?? To pick up your supplies??

If you're going to teach for free, might as well just pack up and head to Thailand or somewhere cool like that. No reason to be in Korea to work for nothing.

Tobias · Joined: 02 Jun 2008

When were you last paid? Your post is somewhat confusing...Was it ~two weeks ago? If you will have gone three months without pay when November gets here, that means you were last paid for July. You will definitely have a case. If you were paid for August, there's no issue....YET.

inkoreaforgood · Joined: 15 Dec 2003 Location: Inchon

Two weeks past your payday is when the pay is considered too late. Taking it to the labour board will force the issue, and you really nedd that letter of release to get another job in this country. If you don't need the money right now, I'd suggest that you wait until you are settled into your job, then go after them for your pay. Check with the LB and see how it could play out.

Khyron · Joined: 27 Jan 2005 Location: Japan

justaguy · Joined: 01 Jan 2008 Location: seoul

Get another job.

Tell the new school to call immigration and work out the details.

Going hungry over a piece of paper, or because your former employer is financially irresponsible is just stupid.

Leave the sinking ship behind.

bettyspaghetti · Joined: 28 Apr 2008 Location: Seoul (Mokdong)

I have a couple good prospects for jobs (two offers that I like) and I am going to the labor board in the morning. One job said that they can work out the immigration issues- so hopefully that will fall under the jurisdiction of my new employer to negotiate and not me.

Meanwhile I'm walking around with all my important documents ON ME as well as my laptop so there is nothing worth pilfering should my hagwon choose to.

I just hope they don't do anything shady. I have an interview tonight when I am supposed to be teaching. I gave them notice- so they are just going to have to deal with it I guess. What are they gonna do? Get mad and pay me.

I just can't wait to see what the labor board says...

wylies99 · Joined: 13 May 2006 Location: I'm one cool cat!

Filing with Labor puts pressure on your boss, but actually going through with filing and having a hearing and waiting for a decision takes weeks or even months. Focus on the Letter of Release, NOW, and get a new job. You can continue to fight the legal battle for backpay while at a new job.

You may be able to get released by Immigration NOW. It's worth a try.
You can visit Immigration NOW and tell them what is happening and tell them to call the hogwan's owner to verify that they are going out of business.

BTW, it sounds like your hagwon has been through the Labor process, probably many times. Remember this- other foreign teachers and Korean teachers will NOT help you if you try to use them as witnesses. Get as much documentation as you can.

jadarite · Posted: Thu Sep 18, 2008 1:31 am Post subject:

Just finish the 2 weeks or whatever they need, and "try" to get paid. You might not get 100%, but if you leave now you will still end up with less than 100% plus have to fight them. Chalk up the loss and move on after that.

Kimchieluver · Joined: 02 Mar 2005

wylies99 · Joined: 13 May 2006 Location: I'm one cool cat!

You will need a Korean friend to help you with the forms and the hearing at Labor. Everything is in Korean.

jdog2050 · Joined: 17 Dec 2006