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My employer can't afford to pay me. Advice?
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MaestroCantus



Joined: 29 Jul 2007
Location: Seoul

PostPosted: Sat Oct 11, 2008 3:03 pm    Post subject: My employer can't afford to pay me. Advice? Reply with quote

Hello everyone,

I've been working at a job, and have been happy going along with everything so far. However, I was told on Friday that my boss couldn't pay me for September's work --- I was supposed to be paid on Oct. 10th.

I feel that late and sketchy payments may become a usual thing here, and that doesn't sit well with me (and my student loan payments that will be deducted from me, starting this November).

I won't work for free, even if I like the people that I'm working for and with.

Any suggestions as to how do I go about getting another job in Korea?

(I will not accept any malicious or vindictive advice, because I don't hate my employer . . . just the situation that they've put me in).
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jadarite



Joined: 01 Sep 2007
Location: Andong, Yeongyang, Seoul, now Pyeongtaek

PostPosted: Sat Oct 11, 2008 3:09 pm    Post subject: Reply with quote

You won't get anywhere without a letter of release. Make sure they are willing to give you that. If they didn't pay into your pension account, go to the pension office, show them the contract and back pay. The school will have to pay the other half.

After you cut your losses, move on to another job.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Oct 11, 2008 3:13 pm    Post subject: Reply with quote

you have 2 choices:
1) stay and go down with the ship
2) move on.

Pick one.

As far as late payment goes, once they are 2 weeks late you can go to the labor office and FILE a complaint for unpaid wages.

The alternative is to wait and hope you get paid before they go broke.

The economy is tanking so it's not like there is light at the end of the tunnel and it probably won't improve.

.
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Dazed and Confused



Joined: 10 Jan 2003

PostPosted: Sat Oct 11, 2008 4:17 pm    Post subject: Reply with quote

You have a contract, right? And your contract says you will be paid a certian amount each month on a certian date, right? Your boss didn't hold up his end of the contract. Tell him you can't work for free and you will have to leave. He'll do one of two things 1) Pay you, 2) Let you leave.
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Kimchieluver



Joined: 02 Mar 2005

PostPosted: Sat Oct 11, 2008 4:27 pm    Post subject: Re: My employer can't afford to pay me. Advice? Reply with quote

MaestroCantus wrote:
Hello everyone,

I've been working at a job, and have been happy going along with everything so far. However, I was told on Friday that my boss couldn't pay me for September's work --- I was supposed to be paid on Oct. 10th.

I feel that late and sketchy payments may become a usual thing here, and that doesn't sit well with me (and my student loan payments that will be deducted from me, starting this November).

I won't work for free, even if I like the people that I'm working for and with.

Any suggestions as to how do I go about getting another job in Korea?

(I will not accept any malicious or vindictive advice, because I don't hate my employer . . . just the situation that they've put me in).


I expect to see a lot more of these threads in the coming months. At least more than usual with the economy going the way it is.
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Teelo



Joined: 09 Oct 2008
Location: Wellington, NZ

PostPosted: Sat Oct 11, 2008 4:44 pm    Post subject: Reply with quote

In Korea, when a company is liquidated, are wages the first thing to be paid?
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Oct 11, 2008 4:49 pm    Post subject: Reply with quote

Dazed and Confused wrote:
You have a contract, right? And your contract says you will be paid a certian amount each month on a certian date, right? Your boss didn't hold up his end of the contract. Tell him you can't work for free and you will have to leave. He'll do one of two things 1) Pay you, 2) Let you leave.


Dream on. In Korea, the boss "letting you leave" falls into two categories for E-2 visa holders:
  1. Assisting you in your life by giving you a Letter of Release (which, by the way, is unconstitutional but nobody affected by this stupid requirement has the monetary resources or even the time to litigate the issue).
  2. Not giving you a Letter of Release.


Option #2 seems to be the preferred method here. And let's not forget that even if the boss doesn't pay you, if you fail to perform to the contract, the Labor Board will likely hold you to be the worse offender and you'll get no joy there.

Folks, please quit signing contracts that stipulate you get paid later than the last day of the pay period! This isn't the 1800s anymore. Your boss should have no problem at all with transferring your pay into your bank account on the last day of the pay period. If you agree to get paid later than that, you're already working for free!
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Tobias



Joined: 02 Jun 2008

PostPosted: Sat Oct 11, 2008 5:11 pm    Post subject: You're already working for free...in one way Reply with quote

You're already working for free in one way. You're under a contract and are getting paid a set amount in won, so there's no problem, right? Actually, there is a problem if you're sending money back home, as many of you know. You guys are working for FREE now for some part of your workday/workweek/workmonth, relative to what you were making, say, when the academic year started. Each day the won is lower than your start-date value means you're giving away time to your employer. I know today my pay, in dollars, stops at about 7 hours in on a 12-hour day.

If an employer can't pay you, you're really up crap creek. Some of us have to pay taxes, as we've been here longer than two years. For those folks, take away the paddle.
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bassexpander



Joined: 13 Sep 2007
Location: Someplace you'd rather be.

PostPosted: Sat Oct 11, 2008 5:45 pm    Post subject: Reply with quote

Teelo wrote:
In Korea, when a company is liquidated, are wages the first thing to be paid?


Not at all. Depends on the boss, but many posts on here have shown that the boss will pay himself first, and leave the employs hanging out to dry.
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wylies99



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

PostPosted: Sat Oct 11, 2008 8:23 pm    Post subject: Reply with quote

OP, get a Letter of release and move on. Can't get one? Go to Immigration and tell them that your hagwon is going bankrupt. They will call your boss (bring the school's phone number). He MAY tell them the truth. If that happens, you will be released on the spot. If not, then your boss will still know that you know your legal rights. That will scare the crap out of him. Wink
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wylies99



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

PostPosted: Sat Oct 11, 2008 8:25 pm    Post subject: Reply with quote

CentralCali wrote:
Dazed and Confused wrote:
You have a contract, right? And your contract says you will be paid a certian amount each month on a certian date, right? Your boss didn't hold up his end of the contract. Tell him you can't work for free and you will have to leave. He'll do one of two things 1) Pay you, 2) Let you leave.


Dream on. In Korea, the boss "letting you leave" falls into two categories for E-2 visa holders:
  1. Assisting you in your life by giving you a Letter of Release (which, by the way, is unconstitutional but nobody affected by this stupid requirement has the monetary resources or even the time to litigate the issue).
  2. Not giving you a Letter of Release.


Option #2 seems to be the preferred method here. And let's not forget that even if the boss doesn't pay you, if you fail to perform to the contract, the Labor Board will likely hold you to be the worse offender and you'll get no joy there.

Folks, please quit signing contracts that stipulate you get paid later than the last day of the pay period! This isn't the 1800s anymore. Your boss should have no problem at all with transferring your pay into your bank account on the last day of the pay period. If you agree to get paid later than that, you're already working for free!


Recruiters KNOW how things are in Korea. Newbies are clueless.

Centralcali, tell scumbag RECRUITERS to stop telling newbies that "everyone has this in their contracts."
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Whirlwind



Joined: 03 Jun 2005

PostPosted: Sat Oct 11, 2008 8:27 pm    Post subject: Reply with quote

Working for free in Korea. Having to deal with all the BS of Immigration. The won in the toilet. Do you really need any advice on this?

Don't walk.............RUN! Run like hell.


By the way, would you work for free back home? If not, why would you do it here?
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Teelo



Joined: 09 Oct 2008
Location: Wellington, NZ

PostPosted: Sat Oct 11, 2008 8:42 pm    Post subject: Reply with quote

Whirlwind wrote:
Don't walk.............RUN! Run like hell.
To where Confused
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justaguy



Joined: 01 Jan 2008
Location: seoul

PostPosted: Sat Oct 11, 2008 8:43 pm    Post subject: Re: My employer can't afford to pay me. Advice? Reply with quote

Kimchieluver wrote:
MaestroCantus wrote:
Hello everyone,

I've been working at a job, and have been happy going along with everything so far. However, I was told on Friday that my boss couldn't pay me for September's work --- I was supposed to be paid on Oct. 10th.

I feel that late and sketchy payments may become a usual thing here, and that doesn't sit well with me (and my student loan payments that will be deducted from me, starting this November).

I won't work for free, even if I like the people that I'm working for and with.

Any suggestions as to how do I go about getting another job in Korea?

(I will not accept any malicious or vindictive advice, because I don't hate my employer . . . just the situation that they've put me in).


I expect to see a lot more of these threads in the coming months. At least more than usual with the economy going the way it is.


Kimchieluver I couldn't agree more. Last time the economy tanked late/non payment was rampant. During the IMF crisis large franchises were not immune from this either.
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Whirlwind



Joined: 03 Jun 2005

PostPosted: Sat Oct 11, 2008 9:03 pm    Post subject: Reply with quote

Where to run? Rolling Eyes Uh, you don't have anything else in your life other than a little crappy hagwon teaching job where you ain't getting paid? Wow. If you implication is about the crappy economy, well, I think I'd rather work a garbage job back home where I'm getting paid than a job in Korea where I'm not. Plus, I'm sure the school owner is probably taking this person's money and using it to finance his next visit to the room salon or for hookers in Thailand. If Korea is all you've got in life, I feel sorry for you.
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