| View previous topic :: View next topic |
| Author |
Message |
Wildbore
Joined: 17 Jun 2009
|
 Posted: Fri Oct 21, 2011 4:32 pm Post subject: Employer stole money, can labor board help? |
 |
|
I finished a one year contract with my employer. The employer bought a round-trip ticket and deducted it from my first months salary.
He has refused to refund it after contract completion, even though the contract states he must.
Can the labor board help me, since the money was deducted straight off my cheque (it is listed as a "airfare deduction" on the payslip he gave me).
I thought about civil recourse, but I heard the labor board is simpler and has more teeth.
Its been one month since I finished, and I go to the school every week asking for the refund. He doesn't budge. |
|
| Back to top |
|
 |
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Fri Oct 21, 2011 5:47 pm Post subject: Re: Employer stole money, can labor board help? |
|
|
| Wildbore wrote: |
I finished a one year contract with my employer. The employer bought a round-trip ticket and deducted it from my first months salary.
He has refused to refund it after contract completion, even though the contract states he must.
Can the labor board help me, since the money was deducted straight off my cheque (it is listed as a "airfare deduction" on the payslip he gave me).
I thought about civil recourse, but I heard the labor board is simpler and has more teeth.
Its been one month since I finished, and I go to the school every week asking for the refund. He doesn't budge. |
If you have a copy of the signed contract and proof (bank statement, pay slip, etc) of the deduction then yes, you can file a complaint with the labor board.
. |
|
| Back to top |
|
|
koreatimes
Joined: 07 Jun 2011
|
| Posted: Fri Oct 21, 2011 6:20 pm Post subject: |
|
|
| Quote: |
| I finished a one year contract with my employer. The employer bought a round-trip ticket and deducted it from my first months salary. |
Why did you work without being reimbursed? 
Why didn't you demand reimbursement after you arrived in Korea and before you started your first day of work? |
|
| Back to top |
|
|
Wildbore
Joined: 17 Jun 2009
|
| Posted: Fri Oct 21, 2011 6:38 pm Post subject: Re: Employer stole money, can labor board help? |
|
|
| ttompatz wrote: |
| Wildbore wrote: |
I finished a one year contract with my employer. The employer bought a round-trip ticket and deducted it from my first months salary.
He has refused to refund it after contract completion, even though the contract states he must.
Can the labor board help me, since the money was deducted straight off my cheque (it is listed as a "airfare deduction" on the payslip he gave me).
I thought about civil recourse, but I heard the labor board is simpler and has more teeth.
Its been one month since I finished, and I go to the school every week asking for the refund. He doesn't budge. |
If you have a copy of the signed contract and proof (bank statement, pay slip, etc) of the deduction then yes, you can file a complaint with the labor board.
. |
Actually, I don't have a copy of the contract. The last time I was at my directors office, I asked him for a certificate of employment instead, my lawyer friend told me this was just as good, as it proves employment and the ministry can investigate and find the contract from there. However, the director just told me to "f%$k off" and go back to my country.
But yes, I have payslips which clearly show the massive deduction as well as my bank statement.
I'm not even asking for the ticket home, since I never left Korea. All I'm asking this douche bag employer for is the ticket to Korea, which he deducted from my initial paycheque (as insurance against quiting, he told me).
| Quote: |
Why did you work without being reimbursed?
Why didn't you demand reimbursement after you arrived in Korea and before you started your first day of work? |
He BOUGHT the ticket, and then a month after deducted it from my first paycheque. So I already worked many days.
My boss and the other foreign teacher who I was replacing told me that this was standard practice. I had no reason to question it until 3 or 4 months later when I started talking to other expats who were telling me I was getting raped. |
|
| Back to top |
|
|
koreatimes
Joined: 07 Jun 2011
|
| Posted: Fri Oct 21, 2011 8:01 pm Post subject: |
|
|
| Quote: |
| He BOUGHT the ticket, and then a month after deducted it from my first paycheque. So I already worked many days. |
He could just say he paid you it in cash before you left the school. Bank statements aren't going to help you.
LABOR LOGIC 101
MONEY DOESN'T COME IN, YOU STOP WORKING
After any employer deducts something they shouldn't, you refuse to work another day. This employer could have responded by firing you thinking he got 1/2 of a month of free labor from you, but he would have to use it to hire another teacher.
You let him win by working 12 months. That is a lot easier than hiring a new teacher every month. So, if you had not worked when he wrongly deducted the money, he would have probably more likely given in at that point and deposited the full amount of your first pay.
WORK 1-3 MONTHS AS YOU WANT IT TO REFLECT IF YOU SHOULD HAVE TO LATER TAKE LEGAL ACTION
Your mistake was a double whammy. Not only have you lost 1/2 of your first month's pay, but you created a history the first month of allowing your employer to not pay you. Probation crap is bad enough, but it never amounts to the cost of airfare.
If you don't have a contract which states the school will reimburse you, then you can't take legal action and win. You will just be wasting your time. First time mistake? Don't do it again.
If it makes you feel any better, I agreed to work 2 weeks for free and just walk away from one school. They said they needed 2 weeks to find a replacement and I thought this was better than being bound to a 60 day notice. I ended up teaching 4 weeks (but I knew they might not pay so I didn't plan lessons or prepare stuff, I just showed up). This gave me a place to stay until my new school needed me.
When you see yourself losing money, turn it into a win. In your case, you are in Korea, and you could land a job better than I could (assuming you have your documents). Go to interviews, get a better school, and make sure you have a contract and post it in the contract review thread.
The hagwon owner's comment to go home was blunt but accurate. Maybe not your country, but just leave the thief alone. He does this long enough, someone will fight back who has a bigger club than you do. Let him become careless so it is easier for them to swing their club. |
|
| Back to top |
|
|
Wildbore
Joined: 17 Jun 2009
|
| Posted: Fri Oct 21, 2011 10:03 pm Post subject: |
|
|
| koreatimes wrote: |
| Quote: |
| He BOUGHT the ticket, and then a month after deducted it from my first paycheque. So I already worked many days. |
He could just say he paid you it in cash before you left the school. Bank statements aren't going to help you. |
The CONTRACT does state it must be reimbursed.
About the cash thing, since all other business was paid to my account, that's unlikely to work. Even the contract required him to buy out unused sickdays, those were added to my payslip and paid to my account. Even when he refunds my travel to seminars, those are paid to my account.
Even the last teacher at the school had the airfare paid to his account.
And even if he did pay me cash, I could just he never paid me as there is no paper trail. That's why no one would ever do that.
Doesn't sound like he has a leg to stand on.
Last edited by Wildbore on Fri Oct 21, 2011 10:10 pm; edited 1 time in total |
|
| Back to top |
|
|
koreatimes
Joined: 07 Jun 2011
|
| Posted: Fri Oct 21, 2011 10:09 pm Post subject: |
|
|
| Quote: |
| Doesn't sound like he has a leg to stand on. |
If you are right, you don't need to talk to him then. Get a copy of the contract from immigration if you can. Then you can show this to Labor Board. |
|
| Back to top |
|
|
Adventurer
Joined: 28 Jan 2006
|
| Posted: Sat Oct 22, 2011 1:03 am Post subject: |
|
|
Well, we want to wish the OP good luck. Of course, some of us are scratching your head as to how you let yourself be too trusting to let another human being do that for so long considering the world has plenty of bad apples. Go after him. We support you. "To those about to go to the Labor Board, we salute you! (AC DC) I've had to go the Labor Board.
You should have, yes, taken care of this long before your contract was close to completion. You know that. It's water under-the-bridge.
Good luck. Live long and prosper. |
|
| Back to top |
|
|
Reggie
Joined: 21 Sep 2009
|
| Posted: Sun Oct 23, 2011 5:37 am Post subject: |
|
|
What you could do is wear embarrassing t-shirts around his school...something that would completely embarrass him in front of the parents and possibly cost him students.
For example, you could go to the school with friends and wear t-shirts that state in Korean "I'm homosexual and I'm a GOOD buddy of the director of (insert name of hagwon.)" Everyone could just chill out in front of the school saying hi to the kids and parents while drinking beer.
The t-shirts could even be homemade out of old t-shirts and a magic marker to save money. Surely he would get tired of seeing them in and around his school and decide to do the right thing after all. |
|
| Back to top |
|
|
koreatimes
Joined: 07 Jun 2011
|
| Posted: Sun Oct 23, 2011 6:08 am Post subject: |
|
|
| I think that would have the opposite effect. Parents would be more understanding why the hagwon owner is getting rid of the teacher and thinking nothing bad of the hagwon owner. |
|
| Back to top |
|
|
Reggie
Joined: 21 Sep 2009
|
| Posted: Sun Oct 23, 2011 6:19 am Post subject: |
|
|
| How about panhandling for the airfare on the school steps? Would that be legal? |
|
| Back to top |
|
|
koreatimes
Joined: 07 Jun 2011
|
| Posted: Sun Oct 23, 2011 7:10 am Post subject: |
|
|
Just tell the parents they need to pay the foreign teacher 20,000 won before they can enter the building. It's for supplies and books for the "New Curriculum". |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
