Korean Job Discussion Forums

vitald · Joined: 08 Jun 2009 Location: Seoul

I've been working at a hagwon for 6 months and was unexpectedly fired on Friday. I've been a good teacher (IMHO), have been to work on time, and have not broken any of the contractual agreements. I'm being fired because my students think I'm too boring and because I've made a few mistakes on homework sheets, according to my boss.

Can I demand severance pay from my hagwon? Or at least half?

BigBuds · Joined: 15 Sep 2005 Location: Changwon

You have to work a minimum of twelve months to qualify for a severance payment under Korean law.

vitald · Joined: 08 Jun 2009 Location: Seoul

So basically I'm not entitled to any form of pay, even thought the hagwon is breaking the contract, not me?

frankly speaking · Joined: 23 Oct 2005

Under those reasons they cannot fire you. You are on a contract and not an at will employee. If you want to keep the job, fight it. Otherwise tell them that they need to give you 30 days full notice and that you have done nothing to break the contract so you should finish out the month and get full pay. Students not liking you or thinking you are boring is not in the contract (most likely) as a reason for termination.

You did not complete the contract, for whatever reason, you are not entitled to severance but you do have a case for wrong dismissal.

vitald · Joined: 08 Jun 2009 Location: Seoul

blonde researcher · Posted: Mon Mar 01, 2010 12:14 pm Post subject:

There is no pro rate of severance for any amount of months worked less than one year. Legally the severance only kicks in after a full 12 months work is completed.
In your case your major problem is the legality of your firing as unless you were given a correct written warning with a time frame previously to improve your 'poor teaching' that supposedly caused the firing, then you cannot be fired immediately.
Only a major event causing harm to the school's reputation or students, or a sudden financial closure of the school can see and immediate firing.

Get some labor office help on this situation ASAP

PatrickGHBusan · Posted: Mon Mar 01, 2010 12:18 pm Post subject:

1- What does your contract state about dismissal?

Are there things in there that your employer did not do? Are they required to give you a written warning for example?

2- From your follow up post it seems you did get proper notice (30 days) and will get paid for that last month.

3- Airfare is out, you did not complete the contract.

4- Some contracts include a pro-rate severance clause, meaning they pay you whatever portion of severance you accumulated in your time there. Does your contract have such a clause?

You may or may not have a wrongful termination case but since they gave you 30 days notice and a couple of reasons.....even if you disagree with the reasons....You say you have been a good teacher by being on time and respecting the contractual agreement...well thats being a good employee. Being a good teacher can mean something different and I would not quote being on time as a shining point either. It is kind of normal to be on time for work no?

You are entitled to your final pay....

PatrickGHBusan · Posted: Mon Mar 01, 2010 12:19 pm Post subject:

sketcha · Joined: 05 Sep 2007 Location: Seoul, South Korea

severance, no

but the firing itself doesnt sound 'right' ...

dude, if you're having doubts and second thought about this school, like you said, it could be a blessing in disguise - get the hell out with a letter of termination and look for a place that wants you

personally, I wouldnt want to work in a place where they want to fire you - rest assured, if they did not succeed this time, they might be more insistent on the next try

students think you're too boring ... give me a break, I know it's a hagwon and thus customers are revered, but methink the customers have too much power in this case or the director is too much a customer-pleaser

also have a feeling that the school may have found a 'better' teacher, better not in terms of teaching skills, but better as in 'female and blonde' - just a hunch Wink

Juregen · Joined: 30 May 2006

Manuel_the_Bandito · Joined: 12 Sep 2009

Good luck getting anywhere with that.

vitald · Joined: 08 Jun 2009 Location: Seoul

hagwonnewbie · Joined: 09 Feb 2007 Location: Asia

Sounds like they are in the right and you are having trouble accepting rejection.

You should focus your time on finding a new job.

Please don't bother the labor board. They have far more egregious claims to work on.

I-am-me · Joined: 21 Feb 2006 Location: Hermit Kingdom

they are giving you 30 days to find another job. Thats pretty nice of them. Start looking! Laughing

irishcailin · Posted: Wed Mar 03, 2010 11:30 pm Post subject:

Just try get out of there with your sanity still intact!!

Its unfair but hey lifes a bitch!