Korean Job Discussion Forums

[elvira]

Hi
I am currently employed at a hagwon and my circumstances are dire...everything from being paid late to apartment problems. I have only been here for 4 months and want to leave my school. I know according to most contracts that you can leave after 6 months and not have to pay the school any fees, but my contract stipulates that should I leave within 12 months,I am liable to pay my airfare to Korea. Is there any labour law stipulation that would override this?
Furthermore, I heard that I need to have worked at least 9 months to apply for a new visa...does anyone know about this law?

Any help will be appreciated.
Thanks

[ajuma]

I don't know if this will work in this day and age, but back in the day, I had a similar problem. The boss was ALWAYS late with my pay.

What I did: Payday: no pay. Day after payday: I stayed home.

The boss came to my apartment and asked me why I didn't go to work. I explained that I was like the gas and electricity. You don't pay, they don't work. I don't get paid, I don't work.

My pay was almost always on time after that.



What YOU should do is contact the labor board!! Things have changed (somewhat) and you may actually find that someone at the labor board or immigration is on your side!!

[lifeinkorea]

[Zaria32]

I did the same thing as ajuma...the first time I wasn't paid on time
I went in to the school, sat down with the director, and said (pleasantly)
"You and I have a deal...I teach, and you pay me. If you don't pay me,
I don't teach. Please call me when all the money is in my bank account."

Four and a half hours later they called. I went to school and started teaching. I never had another problem, and I never brought it up again.

[Wishmaster]

Yeah, that is the manipulation of the visa by the little hagwon associations that want to make conditions as miserable as they possibly can. The whole 9 month rule until you can transfer your visa is beyond stupid. Seriously, if someone had been there 9 months I don't think they are going to give up the last three(when they would have severence, airfare, etc). So dumb.

Actually, your employer is supposed to provide your airfare to and from Korea. It is their responsibility. But, like most laws in Korea, this gets overlooked and instead most contracts state that you have to stay 6 months. In your case, if the abuse was too much, just do a runner. Otherwise, they will make sure that they get that plane ticket money back as well as make as many deductions as possible. In most countries I would say give notice, but not in this one. The system is rigged entirely in the favor of the school and you would have no recourse. The Labor board is a joke designed to placate people into thinking that something will be done. Do you know that you have to continue working at your school(even if you haven't been paid) in order for the labor board to take your case? Do you also know that even if you win, the Korean employer can simply just not pay you? It happens. Imagine all the time and energy put into going after your employer and then realizing that he simply will not pay you. It has happened to many foreigners. Plus, you have to consider the whole visa thing. Once you lose your job, you lose your visa. Now, you get a reprieve because the Labor board will allow you to stay longer to fight your case(supposedly). But, get this...you are not supposed to work at all in this scenario! LOL. That's right, Labor board, I'll just stay in Korea spending all my money on food and accommodation and other fees , trying to get money which I may never receive if I do happen to win the case..Oh, and I can't work in anyway during the whole process. Again, any other country, I would give a month's notice. But not in Korea. Too corrupt and foreigners have zero rights here. Good luck.

[Kryten]

Wishmaster, I don't really know what you're going on about. I've never seen a contract stating that I MUST stay for 6-months. I've seen ones that state I'm off the hook for my initial airfare after the 6-month mark. If I quit before that, I'm responsible for the airfare money.

OP, I'm afraid you're out of luck when it comes to your airfare. Next time, pay close attention to the contract clauses, and for god's sake don't sign one with a 12-month airfare liability! The labour board can't save you here as there's nothing in the labour standards act regarding airfare... it's something you and your employer agree upon. The industry standard here is 6-months. Refuse anything beyond that.

As for transferring, not likely. As someone already suggested, you can give in your 30-days notice, find a new job, and do a visa run to Japan. Get all your documents in order beforehand.

[frankly speaking]

Personally, I never get to bent out of shape if my pay is late. If I am not paid at all, then of course I will raise hell. But if my boss pays a few days late from time to time it really doesn't affect me much. However, I do think that it is a valid argument for any employee.

I wonder what your boss has said when you confronted him/her in the past about late payment. Just be polite and firm and state that by not paying you on the date agreed upon in the contract he has broken the contract. You might show some sympathy and say that you understand how difficult it might be to forget such things but it is his responsibility.

I really wonder how dire most Hagwon situations really are After the fact. When you leave and work at another school, I wonder if you will think it was that bad. I know the one time that I pulled a runner, I regretted it later on. Most schools suck, but rarely have I been in a position that was intollerable.

Just give your 30 days notice, leave as amiable as you can and get another job. Don't pull a runner or threaten not to work. Though standing and saying you don't pay, I don't work can work it can also back fire and create animosity.

I do hope that you find a school that you like. My suggestion is to spend some time job hunting while you have the job. Don't use a recruiter and don't work for a school that you don't visit. You are in country so you can really see how they run their school and if you will like it.

[hellofaniceguy]

[Agent 13]

Hey, hellofaniceguy - yours is exactly the kind of attitude that's needed in situations like that. I just hope you didn't cause your boss to "lose face", though - LOL!!!

[Troglodyte]

Whenever the topic of pulling a runner comes up, you get a bunch of people posting, saying that it's not morally right and that THEY would never do it. I think that these people have never worked for a shady employer who didn't pay them and was likely not to pay them even more in the future. They've probably never been yelled at or watched their employer throw a temper tantrum. I say this because no sane westerner would put up with that. (I've heard that some Asians would but I can say for sure that one one in North America or Europe would.)

I probably wouldn't complain if my pay was a couple days late, but if it's a week late then you have to know that the person running the school isn't organised and lack of organisation in a business usually means lack of financial stability. That's not the teachers problem in itself, but it's a warning sign. When the boss is not paying in full, if they are withholding pay for something not agreed upon, if they are breaking the contract in other ways, then the employee has no responsibility to them. I don't care that they students aren't going to get the education that they paid for because we as the teachers have no obligation to the student. OUR obligation is to the school. We provide a service - to the SCHOOL. And the school/owner has an obligation to his clients, not us. There are plenty of people out there in the world that are lacking an education, but it's not my responsibility to teach all of them. I've taught English to a lot of people so far in my career, but i'm not responsible to make sure that all of them keep on learning.

If you are being cheated, then wait until your next pay day and then bugger off. If you're not sure you'll get paid on time, then schedule your flight for well after you're sure you'll get paid and then go have a holiday, stay at a friend, or stay at a hostel/yogwan. Chances are that if your boss has been cheating you up until now, that he's really going to give you a stiff 6 at the end of your contract. What's to stop him from withholding part of your salary or your severance pay? If he did, what could YOU do about it? Is your Korean good enough that you could find, contact, and plead our case to the labour board? Could ou do that in the 1 day between when finish your job (and find out that you've been cheated) and the next when your ARC expires? Can you afford to pursue legal action? Do you think that the labour board really cares enough to help you out? Maybe.... but probably not.

If you're being cheated, then don't feel bad about running. BUT plan it out. While your in Korea, set up a job for when you come back. Visit some schools. Chances are you'll have to go back to your home country to get a new visa. Nasty employers generally aren't going to write you a release letter. So you'll have to get a new visa. Just make sure to hand in your ARC when you pass through immigration at the airport. You HAVE TO hand it in in order to get another one later.