Korean Job Discussion Forums

[latindude]

I never thought this would happen to me but it has. Today, I was officially fired, two working days before my contract is finished!

The reason for my being fired is as follows: I quote

" As of 2009. 2/27 I (name of employer) the general director of (my hagwon) will fire (me). My contract is up on 3/3 2 official working days!

The reason for this asction is from the witness of one of the potential Korean teacher who was waiting to be hired from our xxx heard the faoul and inapporpriate language in teh faculty room.

She will have now a second thouhgt of coming to join us despite we have only few days to fill in this position. She felt this was done very unprofessional and should never happned inside of school.

Under our agreement of Dismissal of Employee: 6 6-1 and 6-2
This will be explained the jeapardizing any student of staff."

IS THIS NOT F**D UP!! When I asked exactly what foul language. I was given no official response only verbal about about an F word.

Article 6 Dismissal or Voluntary Resignation

Article 6-1 Employer will have the right to dismiss Employee for unwillingness of inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, agreement, including neglect of duties. Prior to any such dismissal, Employee will be warned of issatisfaction with performance of conduct and will be afforded an appropriate period in which to remedy the same.

Article 6-2 Employer will have the right to dismiss Employee for conduct seriously jepordizing and student or staff or for criminal activity. In such instance, Employer has the right under this agreement to execute immediate dismissal and no warning nor time ofr remedy need be alloted.

I have NEVER received any warnings of any kind. There has been some bad blood with my employer over a contract dicreptency concerning intensives, but I worked them regardless, and have never broken any rules.

I don't know what to do. I'm dumbstruck right now, and any insight advice or guidance would be incredibly appreciated.

Thank you for reading this and for your time.

[bonbon]

I know it's hard, but you're under the gun and have to remain calm and rational. I've been through two twelth month firongs and they're doing it so they waon't have to pay your airfare and severence. For me, one backed down immediately when I filed with labor and the other one with just the threat. Are you leaving right away? This could drag out here and you would have to be here. What you have to do is file with labor and then go to immigration and have them extend your visa. It is very important that you are at the school your last two days becuase they can claim abandonment. You will be able to stay in your apartment legally, but you will have to be very careful if you leave it because they could change the locks why you are out. Hopefully it won't get to that point. Once they realize you're going to stay and fight if nedd be they will hopefully just pay up.So first thing Monday morning go over to labor. Hoprfully there will be someone there who speaks English. You should also call the Seoul Foreigners Help Center, I'm not sure of the number, because they have someone you can call who will translate for you if you need it. Best of luck and keep us updated.

[bonbon]

I know it's hard, but you're under the gun and have to remain calm and rational. I've been through two twelth month firongs and they're doing it so they waon't have to pay your airfare and severence. For me, one backed down immediately when I filed with labor and the other one with just the threat. Are you leaving right away? This could drag out here and you would have to be here. What you have to do is file with labor and then go to immigration and have them extend your visa. It is very important that you are at the school your last two days becuase they can claim abandonment. You will be able to stay in your apartment legally, but you will have to be very careful if you leave it because they could change the locks why you are out. Hopefully it won't get to that point. Once they realize you're going to stay and fight if nedd be they will hopefully just pay up.So first thing Monday morning go over to labor. Hoprfully there will be someone there who speaks English. You should also call the Seoul Foreigners Help Center, I'm not sure of the number, because they have someone you can call who will translate for you if you need it. Best of luck and keep us updated.

[ED209]

Sounds like your boss is trying to get out of severance and airfare.

Call labor : 1350 or 031-345-5000(don't worry this isn't for pizza)

http://www.molab.go.kr/

http://english.molab.go.kr/english/main.jsp

The labor board should come down hard on them for this. It is the weekend though, you may have to wait till Monday. You could throw a few threats your bosses way, try to get them to see how seriously they will be in trouble. I believe labor could fine them around 5mil for this.

Also when does your visa expire? If you want to stay and fight this you'll need to extend your visa and find somewhere to stay. Your boss may be hoping you'll just give up and leave as labor disputes can be a long drawn out process.

I have heard of some people using a Korean to claim on their behalf when they have had to leave the country. You'd have to ask labor about this. Visit them as soon as possible to make the complaint, bring a Korean friend to help out. It might just take a phone call from them to your employer to sort this out. But be careful, your boss may just lie their way out. Get your money before you leave country.

11th month firings are bad enough but this is ridiculous. Once you get what's owed, name and shame! These schools need to be black listed.

Oh, got your pension yet?

[ED209]

Seoul Help Centre

* 02-797-8212, 02-731-6800
* [email protected]

Make sure you keep any documents or emails they have given you concerning this. Your boss may try to add accusations after the fact. The labor board would see right through this.

Did you get a letter firing you? They are supposed to give you 30days notice or 30days pay, so they've already broken labor law. Don't settle for the 30days pay, you want the airfare too.

Go to labor. Turning up to work as normal would prevent any claim of abandonment.

[Ya-ta Boy]

This is about saving money on severence pay. Call the Labor Board asap. Refuse to accept the situation.

[moosehead]

what a bogus bunch of horse sh*t!!

OP - hang in there - I'm on my last 2 weeks and boy each day gets harder as it gets easier - if not one thing something else.

*try and remind whoever is listening to your side the K teacher won't have to hear anything from you because you are, duh, leaving!

then absolutely insist it was a miscommunication - if you aren't sure about what you said then you certainly shouldn't admit to anything - just let them know you feel you are sorry if she misunderstood something and it would certainly create a lot of hard feelings and difficulty if they were to force you to go to the Labor Office to explain you were treated unfairly.

keep us posted. hope it works out for you. and you can go to your school and call Labor from there. if they make a scene then call Labor and go right over - make sure you have your school's address so Labor can send you to the right office. they have E translators on the phone at the 1350 number. and they are open until 6 if you need to call late.

good luck!

[ontheway]

It certainly sounds like they are trying to cheat you out of your severance, return airfare and, possibly, your final month's pay, plus anything else they can steal. Given that it's ECC, it's no surprise.

Now, to advise you properly, we would have to know, were you in the staff room using foul or inappropriate language or engaging in any inappropriae behavior? I assume that the charges are bogus, but any truth to the charges does impact your situation.

We are also assuming that ECC will actually cheat you. They could just pay you everything they owe you. It would be safer to bet on the lotto, of course, but you don't actually have a claim against them until they don't pay you on your pay date. So, next week you'll know exactly how much they are stealing from you.


In the meantime, you should show up for work on each of your final days. Give written notice that you are/were there and ready to teach. Give written notice that you expect to be paid, how much, and on what day. You will want to have a witness and perhaps some photographic record of you being there.

Expect them to tell you to leave.
Expect them to somehow interfere with your housing. You should move ASAP. Protect yourself and your property.
Expect them to cheat you and not pay you.


If you are staying in Korea and have a new job lined up, this will be easier for you as you should expect it to take quite a while to collect what they owe you.

[merkurix]

Admit nothing. Deny any accusations whether they were done or not. It is standard procedure that if someone curses, there needs to be a warning, reprimand, and dismissal. Looks like the went straight to step 3.

Dial 1350 and press 7 for English 9AM to 6PM.

[yingwenlaoshi]

This is going to look pretty obvious to the labor board.

Sorry for asking, but is there any truth to what they're claiming about your swearing? Not that they're actions are justified, of course.

Frig.

[marlow]

She wasn't staff yet was she?

Ha, two days. Nice try.

[buymybook]

So far, you have been given good advice by other posters. You said you were in the break room so no students heard you and that potential teacher is not the staff yet...
"Article 6-2 Employer will have the right to dismiss Employee for conduct seriously jepordizing and student or staff or for criminal activity. In such instance, Employer has the right under this agreement to execute immediate dismissal and no warning nor time ofr remedy need be alloted."

Don't sign anything your employer wants you to, if you do the labor ministry could say that you agreed to the firing.

You will have to fill out a document at the labor ministry, they don't speak English there but look for young staff workers to ask questions. Call the # already given to you to find out which labor ministry to go to, take the subway and maybe a taxi to the exact location if you can't find it. They are sometimes difficult to find. Get in a taxi and say "Interpreter," the taxi will call one and you can tell the Interpreter where you want to go, he/she will tell the taxi man.

ECC is a big company, they should have been paying pension/matching your contributions. Have you got payslips, have they been deducting your monthly pay for pension? If you have pension questions call Mr. Lee at the pension office 02-2240-1082

Pension is different than severance, but they are both the law(the labor ministry won't care about severance or pension, only salary/hours worked and/or 30 days from when notice is given). For you only 2 or 3 days will apply. You should also contact the tax office and see if they have been paying taxes they've deducted from you.

This all may not be worth it, if you get your salary the only thing you are out is a flight home/severance/and the killer is your pension?

[chickenpie]

Why won't the Korean Herald take these kind of stories rather than an idiot who went to Thailand and got ripped off?

[ChinaBoy]

I'd bet a lot of money the OP isn't getting any pension

[PigeonFart]

Not all ECC's are the same.

Why don't you tell us which specific branch of ECC so as to warn off potential teachers?