Korean Job Discussion Forums

[World Traveler]

I've been extremely ill for days. On Monday I went to a doctor and he wrote me a prescription and then I asked him to write me a note saying I couldn't work that day, which he did. He said to come back the next day. When I came back today, he asked me if I was better and when I said no, he sent me to another hospital, a hospital of internal medicine. This doctor, after I asked him to (and after writing me a prescription and having me get an injection), wrote me note saying I should rest for one day instead of going to work. Unlike the other doctor, his English was not very good, so there was somewhat of a language barrier.

Just now, I just got these texts from my employer:

if you don't come today, you fire. I talked to the doctor and he said you're not very sick but you want him to write down a letter so he did.

and then

i can't understand today. if you are not going to be here, i want you to vacate the room tomorrow.

Here's what my contract says:

Sick leave: Employee is permitted up to 2 days of sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, when employee is unable to attend class due to illness, he/she shall notify employer, with an accompanying proof of illness from a physician, at least half an hour prior to the commencement of class. If employee fails to notify employer with proper proof of illness, the employer has the right to deduct 1 day's pay for every day the employee is absent from work.

Also, my contract says,

The Employer and Employee may terminate the contract by giving 60 days advance notice in writing with proper reasons accepted by both parties. Proper reasons and adequate grounds must be provided in order for the contract to be dissolved.

What should I do? I'm very afraid.

[air76]

Most likely your boss is bluffing...it sounds like you are at a hagwon.

In most situations I believe that the best thing to do is to stand your ground....if it is a hagwon they need you more than you need them. They aren't going to fire you as it will cost them a couple grand in recruitment fees, not to mention lost business in the 2-3 months it takes to replace you.

Now, that being said..if you work at a school with several teachers then maybe they are looking to downsize because business is slow....but I doubt it.

Clearly we'd need more information to know the whole situation, but to me it sounds like he/she is bluffing, trying to scare you into coming to work. I'd tell him/her that you are sick, that you gave them a doctor's note and that you are sorry but you are too sick to work. You HAVE to stand up to your boss when they pull this crap or you will be in for a long year. In general if you make a stink they will back down, you have to remember that they pull this crap on their Korean teachers and the Korean teachers just bow down and do what the owner says.

While it is uncomfortable, having one big fight with your boss will usually improve your relations with them (meaning in a case like this where your boss is clearly an ass already and you have nothing to lose)...you fight once and then they won't want to fight again so they won't try to pull ridiculous crap like threatening to fire or kick you out over 1-2 legitimate sick days.

[Manuel_the_Bandito]

Come in sick and puke all over the staff room.

[salgichawa]

[nautilus]

Stay calm. Tell them you really are sick, that you've provided a doctor's note as indicated in the contract. Then take the day off.

That should be enough to shut them up but if it isn't, then just let the cards fall as they may. If they fire you then so be it: document everything (keep the texts and copy of doctors letter) and go to the labor board. In fact if you hint at the fact you're prepared to go to the labor board then they will probably back down anyway.

[Senior]

First of all relax. You are in the strong position here. Only you can make the situation worse for yourself. Not your employer.

They have to give you sixty days notice if they are going to sack you (per your contract), this means you have at least sixty days before they can kick you out of your apartment. If you are super sick, it looks like you will be taking unpaid sick leave, though surely Korean labor law specifies a minimum (which should over ride anything written in your contract?). Make sure to get a DRs note for all your time off.

If you are afraid of losing a dime a dozen hagwon job, you really need to take a serious look at the events in your life that led up to this situation, and think of ways to prevent something like this happening again.

A little life coaching fer ur there. Free of charge.

[vaticanhotline]

[egrog1717]

Ouch... Contract with TWO sick days???... Wow, you're a trooper OP...
As others have said, contractually you are in the right... Stick to your guns, and bring all your paperwork (contract with relevant section highlighted and doc's note) to school... Sit your boss down and have a friendly chat about the contract and the labour board...

[World Traveler]

[ttompatz]

1 question and then some comments.

Q: have you been at work for MORE THAN 6 months?

IF yes, then your employer is bluffing and you have options including the labor board. He can't LEGALLY fire you for this. The labor board can require reinstatement will back pay for an illegal termination of employment.

IF NO (you have NOT worked more than 6 months for this employer) then your contract is your only defense and leaving would not be a bad thing. The only problem is that you will probably be burned for any outstanding salary you have coming.

Under 6 months of employment you are considered, by the labor board, to be a "probationary employee and subject to dismissal without cause, severance or recourse by the employer.

.

[bigtexas]

[dharma bum]

so what happened?

[Countrygirl]

[Janny]

I was very sick at work one time. I asked my director if I could go home early. She said 'no' because there was no one to cover my classes and she was 'very busy'. About an hour later, her and I are having a conversation in the teacher's room, and I felt the nausea rise up. She was talking on and on and didn't notice I was turning green in front of her eyes. I couldn't wait anymore. I picked up a box from the floor and puked right into it, right in front of her as she was talking. Her reaction? She ran out of the room, then came back a minute later and asked if I was pregnant!

She didn't remember that I was sick...she didn't remember I'd asked her an hour ago to go home....because she didn't care in the first place!

My school (hagwon) now has NO sick days in the contract, period.

It's crap like this that ultimately brings Korea down. They just don't think ahead, including the fact that sick workers hurt everyone in the long run. The sad ending to this story is that now, I never call in sick at all. My spine's been re-aligned.

[DeLaRed]