Korean Job Discussion Forums

AaronPSU777 · Joined: 18 May 2009 Location: Seoul

After 5 months my boss gave me notice about a week ago or so that she's going to have to let me go. I'm not being fired for poor performance, I'm being laid off because the school is having financial problems and can't afford 3 foreign teachers anymore.

I have mixed feelings about this. On one hand I think now that I'm in Korea and have experience I could find a much better Hagwon and maybe negotiate a better salary, so this could well be a blessing in disguise. On the other hand by not completing my contract I don't get a bonus or flight home. That is actually what I'm wondering about, does anyone know what exactly my rights are under Korean labor law in this situation? I know she has to give me 30 days notice and she did, but what about paying out say half of my bonus, sick time and vacation time (I have not used any of my paid time off). Or what about buying me a flight home? I was thinking I may actually want to just go back to the US, but it could eat up most of my last months pay if I were to do that. To me it seems only fair that if you're going to fly a foreigner out here to work for you that you should fly them home if you're going to break the contract. The alternative would be to basically strand me in a foreign country which doesn't really seem right. Of course I could get another job here and pay my own way but why should I be the one to have to bust my ass like that when I did nothing wrong?

Looking for any advice from someone who has been through this or knows anything about it. The one thing working in my favor is that my boss NEEDS me here for the next month to work her summer camp. She cannot do it without me, so I have some leverage.

OculisOrbis · Joined: 17 Jul 2006

you have no leverage unless she puts the cash in your hand before you do the work now.....theres no guarantee any promises shes makes will be honored at this point since she has already told you she doesnt have money.....

unless you completed your contract, there is no obligation for her to pay any portion of the bonus or airfare home. you get the number of days notice specified in your contract or 30 days - whichever is greater - and nothing else. as a courtesy, she can offer any of things, but dont hold your breath and even if she does - good luck collecting at the end.

yingwenlaoshi · Joined: 12 Feb 2007 Location: ... location, location!

Actually, I think there's is something under labor law that requires the sponsor to fly you home even when the contract isn't finished. Problem is, if you go to labor, your ex-employer will bring things up that put you in a bad light. Labor has been known to side with the employer because they're Korean. Even when there are laws that side with you. They are corrupt.

Welcome to Korea.

ontheway · Posted: Wed Jul 22, 2009 8:46 am Post subject:

You should get 30 days notice or more if it's in the contract.

You should be paid according to the contract.

Those are your rights.

Your employer doesn't have to pay for your ticket home if it's not in the contract to do so after only 6 months. Ying's comment that the employer may have to "provide" such a ticket allows the employer to deduct the cost from the employee's earnings if the employee has not met the conditions in the contract under which the employer becomes obligated to actually pay for the ticket. Further, if the employer has paid the employee enough money to purchase the ticket home the employer has no further obligation to provide said ticket under the law.

VFRinterceptor · Joined: 22 Jun 2009

I will most likely be in this same situation next month as my school is going under at the beginning of September, which is the 6 month mark for me.

Can anyone give me any kind of defense I should mount now while I still have time? Go to labor board, documentation, etc?

CentralCali · Joined: 17 May 2007

That's not laid off, it's fired. The school's supposed to have a reasonable excuse to fire you. If you wish, you can pursue the matter at the Labor Board for unlawful termination. But the problem with that is the Labor Board has no enforcement powers, you'd have to go to court. Since the boss (supposedly) has no money, you'll get nothing.

A reasonable boss would still provide the employer money for the return fare because it's not the employee stopping the employment early.

lifeinkorea · Joined: 24 Jan 2009 Location: somewhere in China

VFRinterceptor · Joined: 22 Jun 2009

Kikomom · Posted: Wed Jul 22, 2009 6:38 pm Post subject:

OculisOrbis · Joined: 17 Jul 2006

i dont know if immi is following their own rules anymore, but a letter of release is only required to transfer to a new employer - not get a new visa. to be eligible to transfer employers, you must have completed at least 75% (9 months) of your contract otherwise a new visa is required. the only reason for an LOR is to prevent the need for a visa run by simply transferring your visa to new employer.

VFRinterceptor · Joined: 22 Jun 2009

OculisOrbis · Joined: 17 Jul 2006

One of the many Dave's threads discussing it:

http://forums.eslcafe.com/korea/viewtopic.php?t=155834&start=15&postdays=0&postorder=asc&highlight=&sid=d3ce6912d0483a4b1d41aaa20336b370

OK Recruiting seems to know what theyre talking about:

http://www.opportunitykorea.com/a_menu/menu2_10_4.asp

Call immi at 1345 and ask them.

VFRinterceptor · Joined: 22 Jun 2009

Oculis, thanks alot man. I'm sharing the info with my coworker so we can confront these retards.

They said that the only way they will give us the Letter of Transfer is if the school shuts down, which will be in the 6th month (sept), but the letter of transfer is only good if you've finished at least 9 months of a one year contract.

So in other words, their letter doesn't mean shit if they write it in my 6th month because I would need to be there for 3 more months before I could leave that way...

And if the letter doesn't mean shit before 9 months and they are talking about giving it to us in September, guess what...they can pull a BS move, fire us and recoup their airfare.

I love Korea! Shocked

Easter Clark · Joined: 18 Nov 2007 Location: Hiding from Yie Eun-woong

Go ahead and find a school that will hire you. If you don't have the necessary paperwork for getting a new visa already, get on that ASAP.

Once you have your paperwork, talk with your prospective employer to confirm a start date. They will work with you on the visa and visa run (which you will have to do).

At this point, the new employer's start date takes precedence over your current employer's end date.

OculisOrbis · Joined: 17 Jul 2006