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World Traveler
Joined: 29 May 2009
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 Posted: Wed Jun 16, 2010 5:43 am Post subject: I'm in a bad situation |
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Today was my last day of work.
When I asked about my money, my boss told me I won't get paid my salary or severance until July 10th and also refused to give me a pay stub for the final month.
Background:
I'm on an E-2 visa.
My visa was issued June 22nd of 2009. I'm not sure when it expires.
My contract says July 1st 2009 - June 30th 2010.
I get my ten vacation days at the end of my contract, which is why today, June 16th, was my last day.
The severance payment article of my contract states: "The employee will be given a bonus of one month pay for completing their one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term."
I showed this to my boss, but she said the Labor Board told her that it was OK to pay me on the 10th.
Another section of my contract reads: "The salary will be paid to the employee on the 10th each month."
Is it technically legal for a school to give the final payment after the teacher's visa has expired? It seems reasonable to expect pay before leaving one's apartment and before flying home.
My boss sprung on me today that I have to be out of the apartment by 8am tomorrow. She also surreptitiously canceled my cell phone service so that I cannot make or receive calls.
I feel like I'm in such a bad spot. I can't functionally speak or read Korean and I don't know where things are to get around.
Yesterday I tried to explain that it is in both of our interests to end the relationship on the best terms possible for the sake of the reputation of the school. When my boss heard this she called the police and they came into talk to her while I was teaching class. After that, (only hearing her side of the story), the police copied down information from my ARC card. The police only understood Korean, so I called a bilingual friend to translate. The police told him that the school wanted to press criminal charges against me for making a threat, but it was determined that it was not enough for a criminal case, but rather a civil case. So maybe the school filed paper work against me to start a civil case. I don't know. They refused to talk to me when I asked them what was going on. Also, I should add that it is just me and two bosses. I am the only foreign teacher and there are no other Korean teachers. Do you think my boss is counting on winning a civil case and taking that money out of my salary? Or underpaying me (questionable deductions that would be hard to fight such as "damage" to the apartment) or not paying me at all?
This is a horrible bind to be in.
Any recommendations of numbers I could call for help? |
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salgichawa
Joined: 18 Mar 2010
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| Posted: Wed Jun 16, 2010 6:12 am Post subject: Re: I'm in a bad situation |
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| World Traveler wrote: |
Today was my last day of work.
When I asked about my money, my boss told me I won't get paid my salary or severance until July 10th and also refused to give me a pay stub for the final month.
Background:
I'm on an E-2 visa.
My visa was issued June 22nd of 2009. I'm not sure when it expires.
My contract says July 1st 2009 - June 30th 2010.
I get my ten vacation days at the end of my contract, which is why today, June 16th, was my last day.
The severance payment article of my contract states: "The employee will be given a bonus of one month pay for completing their one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term."
I showed this to my boss, but she said the Labor Board told her that it was OK to pay me on the 10th.
Another section of my contract reads: "The salary will be paid to the employee on the 10th each month."
Is it technically legal for a school to give the final payment after the teacher's visa has expired? It seems reasonable to expect pay before leaving one's apartment and before flying home.
My boss sprung on me today that I have to be out of the apartment by 8am tomorrow. She also surreptitiously canceled my cell phone service so that I cannot make or receive calls.
I feel like I'm in such a bad spot. I can't functionally speak or read Korean and I don't know where things are to get around.
Yesterday I tried to explain that it is in both of our interests to end the relationship on the best terms possible for the sake of the reputation of the school. When my boss heard this she called the police and they came into talk to her while I was teaching class. After that, (only hearing her side of the story), the police copied down information from my ARC card. The police only understood Korean, so I called a bilingual friend to translate. The police told him that the school wanted to press criminal charges against me for making a threat, but it was determined that it was not enough for a criminal case, but rather a civil case. So maybe the school filed paper work against me to start a civil case. I don't know. They refused to talk to me when I asked them what was going on. Also, I should add that it is just me and two bosses. I am the only foreign teacher and there are no other Korean teachers. Do you think my boss is counting on winning a civil case and taking that money out of my salary? Or underpaying me (questionable deductions that would be hard to fight such as "damage" to the apartment) or not paying me at all?
This is a horrible bind to be in.
Any recommendations of numbers I could call for help? |
Hi There,
You have a few choices.
Go to the local labour board (wherever you are) and discuss it directly with them. Don't take your bosses word for it.
The police thing hmmm. Ignore it. Did you tell them you have not been paid? Say it was not a threat that is a miscommunication.
If the boss can not pay you then you can go to immigration and get an extension just for staying not for work.
If you are from the USA the school might be able to deposit it into a KEB transfer account where it goes to KEB USA/ Canada. Not sure if the Labour board can help check this happened.
Yes you will be home and if they don't deposit it you are lost unless you know someone trustworthy here. Try making a contact at the labour board.
I'd say get the extension.
If you expected pay and all to be finished so you could vacation on the final days, no. They are not obliged to pay severance until the last day.
Good Luck, |
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Dragoon
Joined: 18 Apr 2010
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| Posted: Wed Jun 16, 2010 6:20 am Post subject: |
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| I'd be jumping on the slow boat to China bro...you ain't gonna win this one man.... |
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dr_feelgood
Joined: 15 Mar 2009
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| Posted: Wed Jun 16, 2010 6:31 am Post subject: |
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| Give a call to Kangnam labor law 02 539 0098...ask for Gerald or Bongsoo. These guys helped me out heaps when I was in need. Maybe they can help you if the problem develops further. |
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Seoulio
Joined: 02 Jan 2010
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| Posted: Wed Jun 16, 2010 6:35 am Post subject: |
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They MUST pay you by the 30th , as simple as that.
i |
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wesharris
Joined: 10 Oct 2008
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| Posted: Wed Jun 16, 2010 6:52 am Post subject: |
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You need brass knuckles hanging from your neck and your chain.
That'll teach her.
_+_+
Wes |
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hari seldon
Joined: 05 Dec 2004
Location: Incheon
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| Posted: Wed Jun 16, 2010 9:33 am Post subject: Re: I'm in a bad situation |
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| World Traveler wrote: |
Today was my last day of work.
When I asked about my money, my boss told me I won't get paid my salary or severance until July 10th and also refused to give me a pay stub for the final month...
This is a horrible bind to be in.
Any recommendations of numbers I could call for help? |
Assuming you haven't admitted to anything, or said anything in front of witnesses, or actually done anything, I wouldn't worry about her threat to file a civil suit. It's her word against yours, a time-consuming expensive process, etc. However, say nothing further about the school's reputation because the truth is no protection in Korea.
She's trying to rattle you. She hopes you'll hop on a plane and leave. Don't give the bitch that satisfaction.
From this day forward, I would take everything she says with a grain of salt. As long as the E-2 is in force, you have the contractual right to stay in your apartment. Head right over to Immigration to check on the status of your E-2. She probably hasn't canceled it and won't cancel it until it expires, but check with immigration nonetheless. Also tell them what you're boss said about not paying you until July 10 and ask if you can get an extension to stay in the country. They'll phone your boss to find out what the hell's going on because she's responsible for you.
Then report back to us here. |
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madoka
Joined: 27 Mar 2008
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| Posted: Wed Jun 16, 2010 10:05 am Post subject: |
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| Let your boss know that you actually never cared about the money - you were in Korea to resolve the North Korea situation. Tell her she can keep your backpay because you're going back to the U.S. where everyone starts at $50K and has massive benefits. Perhaps you can wait tables when you get back and make "huge" amounts of unreported money. |
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VFRinterceptor
Joined: 22 Jun 2009
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| Posted: Wed Jun 16, 2010 11:29 am Post subject: |
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| dr_feelgood wrote: |
| Give a call to Kangnam labor law 02 539 0098...ask for Gerald or Bongsoo. These guys helped me out heaps when I was in need. Maybe they can help you if the problem develops further. |
I agree. Consult with these guys before making your decision. |
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World Traveler
Joined: 29 May 2009
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| Posted: Fri Jun 25, 2010 11:57 pm Post subject: |
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| madoka wrote: |
| Let your boss know that you actually never cared about the money - you were in Korea to resolve the North Korea situation. Tell her she can keep your backpay because you're going back to the U.S. where everyone starts at $50K and has massive benefits. Perhaps you can wait tables when you get back and make "huge" amounts of unreported money. |
http://www.salon.com/entertainment/comics/this_modern_world/2010/04/12/this_modern_world |
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conrad2
Joined: 05 Nov 2009
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| Posted: Sat Jun 26, 2010 12:25 am Post subject: |
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| Your boss has no intention of paying you and hopes you will just disappear. Do not leave the apartment. Do not leave Korea until you have money in hand or you will never see that money. |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Sat Jun 26, 2010 2:53 am Post subject: Re: I'm in a bad situation |
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| World Traveler wrote: |
My visa was issued June 22nd of 2009. I'm not sure when it expires.
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Look on your Alien Registration card for the expiry date. That's the date you need to be concerned about because that's when your visa expires and you also need to exit Korea by midnight on that day. Make sure you don't overstay past that date.
A plane ticket taken to immigration can have that date extended up to an extra 30 days (but only until your departure date) for free, but you can't work during that period.
You could also go and explain that you haven't been paid and have filed a claim with the labor board (do that before you go to immigration so you have proof of your claim). Immigration may extend your current visa with your employer because youre currently having a dispute with them. If they do that for you, then your employer is still responsible for you while you are in Korea and you dont have to vacate the apartment - even if they call the police, you can't legally be removed from the residence. |
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Boodleheimer
Joined: 10 Mar 2006
Location: working undercover for the Man
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| Posted: Sat Jun 26, 2010 3:03 am Post subject: |
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| do you actually believe that she spoke to the Labor Board about when to pay you? |
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ChilgokBlackHole
Joined: 21 Nov 2009
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| Posted: Sat Jun 26, 2010 4:24 am Post subject: Re: I'm in a bad situation |
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| OculisOrbis wrote: |
| World Traveler wrote: |
My visa was issued June 22nd of 2009. I'm not sure when it expires.
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Look on your Alien Registration card for the expiry date. That's the date you need to be concerned about because that's when your visa expires and you also need to exit Korea by midnight on that day. |
lol.
Ignore the above. For visa expiration questions, consult your *passport*, not your ARC. |
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kprrok
Joined: 06 Apr 2004
Location: KC
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| Posted: Sat Jun 26, 2010 4:37 am Post subject: Re: I'm in a bad situation |
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| ChilgokBlackHole wrote: |
| OculisOrbis wrote: |
| World Traveler wrote: |
My visa was issued June 22nd of 2009. I'm not sure when it expires.
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Look on your Alien Registration card for the expiry date. That's the date you need to be concerned about because that's when your visa expires and you also need to exit Korea by midnight on that day. |
lol.
Ignore the above. For visa expiration questions, consult your *passport*, not your ARC. |
No, ignore this moron. Your passport only has your visa, which is valid for entry into the country. Your ARC is for your sojourn here, and it tells you when you have to leave.
Chilgok, stop with the completely wrong dis-information you've got going here. |
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