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themagicbean
Joined: 04 Feb 2009
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 Posted: Thu Oct 29, 2009 8:58 pm Post subject: Timing / Issues Resloved in Labor Board Complaints |
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For anyone who has taken a claim to the labor board (or known someone who has) (or know Korean bureaucrat law):
How long does resolution usually take?
How many missed mediations are allowed before some sort of consequence results?
Do issues need to be resolved separately? (E.g., 1st agree on back pay, then severance pay, then tax/health/pension issues?)
Is it possible to set hearings out for a few months to allow time to return home, get new docs, regroup and return, employed, to Korea?
I ask because my buddy's been working with the Cheongju labor board and in 3 weeks nothing has happened. He missed a meeting, then didn't have an interpreter, then his hagwon director skipped. Now he just wants to put things off until he can come back employed OR do a quick resolution. |
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howie2424
Joined: 09 Jan 2003
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| Posted: Thu Oct 29, 2009 9:26 pm Post subject: |
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| How long does resolution usually take? |
I just went through one. This question is the only one I can answer. I filed the petition and a decision in my favour was made about 5 weeks later. The first hearing was adjourned because the owner couldn't make it that day otherwise the process would have been a little shorter. They gave him five weeks from the date of the ruling to make the payment. Hope that helps. |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Thu Oct 29, 2009 9:28 pm Post subject: |
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how long? it depends, could take a couple weeks or a couple years if you end up in court.
how many missed meetings? your employer: 3 before they penalize them you: miss 1 and your claim can be thrown out
can you resolve the issues separately? you will likely deal with all issues in your claim until you and your employer can agree on a resolution and they can close the claim. some issues are dealt with in different sections of the labor service so you may have two separate claims in that case
is it possible to go home first? yes, you can file a claim for most things within a window of 3 years. if that's your plan, dont file before you leave because it will set the process in motion and you should be here to attend the meetings (unless you designate a proxy)
extra info: even if you win the claim there is no penalty if your employer chooses to ignore the verdict - you will need to take them to court to get your money if that happens |
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conbon78
Joined: 05 Jun 2008
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| Posted: Thu Oct 29, 2009 11:03 pm Post subject: labor board |
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| I just had a contract dispute with my old employer. I had my boyfriend (Korean) call on my behalf. I never had to attend a meeting. My old boss said he wanted to settle when he heard that I took him to the labor board. So my process ended up taking about 3 months to get the money and all that, but it was easy and painless, and frankly, quite fun. |
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howie2424
Joined: 09 Jan 2003
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| Posted: Mon Nov 02, 2009 7:59 pm Post subject: |
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| extra info: even if you win the claim there is no penalty if your employer chooses to ignore the verdict - you will need to take them to court to get your money if that happens |
I'm not sure this is always correct. I believe it depends on the type of judgment made by the board. If your employer disputes the claim and the board makes a ruling which the employer refuses to pay, small claims court is the next step in collection. If however, the board mediates a settlement of the claim and the employer subsequently refuses or neglects to pay, you need not go off to court. The board will institute collection procedures for you and the employer can't do anything about it. |
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