Korean Job Discussion Forums

[last goodbye]

It was a light hammer, but a hammer none-the-less. It is possible to nail a boss who tries to screw you!- if you know what to do.

I posted a lot while it was goin on, but it's finished now.

I got canned from my job on March 12th for "not wanting to sign another contract (one that was never even offered, but requested by me)" So, I emailed them and told them they were breaking the law. (I turned my phone off the whole time, so they'd have to email me and I would have a record of everything- they were notorious liars). I said I would leave if they gave me 10/12th of my (1 million) severance- which I found out is against the law- it has to be equal to a month's pay). My boss said "no," so I called the labor hotline (1350- on a cell phone, then 7 for Eng), then went to file a petition at the labor board.

2 weeks later we had our meeting. I was told to write-up a statement and get and "evidence" I had and translate it into Korean. I did this- took lotsa time. I didn't even need it. When we went to the labor board, they just asked my Korean friend (you need an interpreter) what happened and why I was there. Since it was pretty obvious that they were in the bad, it was pretty painless. They didn't give me 30-days, so I had 2 choices- take a month's pay there and then (which they'd have 1 month to pay) or sue them for more. I already had a job lined-up and had only been off work 2 weeks. So, I took the 1 month's pay. I have already been paid (most of it). They kept 1 day's pay saying I owed it to them, so I have told the labor board they still owe me some. If they don't pay by the end of that period, then I'd've had to sue and they'd've gotten some "blemish" on their record. If they are "reputable" and business is going well they don't want this (as the lady at the Labor board said). So, I only asked for 850K and got 2.25 mil.- that's poetic justice! (Was fun to remind them of this too).

Anyhow, the labor board route does seem to work and quickly.

Before I went to the L. board, I went to see a labor lawyer at the Gangnam Law Firm (the # is in the sticky "How to Hammer Your Hogwon into Submission") and asked him questions for 30 mins for 30K (50K/1 hr.) It was a bargain. He told me I should ask to stay at my job to add leverage to my case, but I figured that would "let them off easy" and then I got another job, so no way. He also told me that "hogwons" have made such a bad name for themselves by flagrantly violating the labor laws that teachers have a lot more leverage these days. It's worth seeing him- he will tell you whether or not he thinks you can win- He told me I should (for sure). Even the guy at at the labor hotline said I would get a month's pay as soon as I told him what happened.

I also found out that if I would have sued and not been able to work (until my E-2 expired- unless I could get a release letter) that I coulda gotten a special visa that would allow me to stay for legal issues- a G-1 I think, or G-3.

As far as getting a release letter, I was lucky to have worked for an after school program- so the company didn't hold my E-2, the school did. So, I went to the school and got the letter no problem, then transferred to the new school. The old company tried to stop things, but it was too late- and they had no control over the visa anyhow.



I found some useful info here:

"How to Hammer your Hogwon Boss..." sticky: http://forums.eslcafe.com/korea/viewtopic.php?t=119477

http://atek.or.kr/

http://www.efl-law.com/contracts.php

http://www.ilo.org/dyn/natlex/docs/WEBTEXT/46401/65062/E97KOR01.htm#a1

http://www.asia-pacific-connections.com/korean_gov't_agencies.html

http://www.korea4expats.com/article-labor-board-commission.html


Also: the Immigration hotline # is (on a cell) 1345 (then 3 for Eng)


Who knows: How far can I go with respect to posting info about that company I worked for before they could screw me for it? I'd like to post something here. I can't imagine that could pose a problem, but ya never know.

[JJJ]

Well done. Nice to hear some success stories once in a while.

[Rusty Shackleford]

Hopefully this is a trend, the labor office looking out for teachers. I would say it will completely depend on which labour court you go to.

Any way, well done on your success and getting more than you asked for!

[poet13]

Before this thread gets lost from disuse, it should be moved up into the sticky thread titled, "how to hammer your boss...".

Mods?

[Huh Kyung-young]

[Toon Army]

good read, thanks for posting OP......

[last goodbye]

I did re-post it on "How to Hammer...."

[Sector7G]