Korean Job Discussion Forums

[luvablesweetpea]

Hello all! I am not sure if this is the correct place to ask for advice, but here goes nothing! Sorry if it is a bit long, but I have to explain a little.

I have been in Korea for about a year and 5 mths now. I had a TERRIBLE experience with my recruiter. I was thoroughly exhausted after working split shift for 8 months at my first school, so he got me out of my first contract and into another. I thought every thing was fine and dandy! But after a few months at the second school (which is where he got hired on as a manager) he was fired and basically not who I thought he was <long story> Now I am recruiter-less and not very knowledgeable in the "contract" side of things. I have some questions about my contract at my hakwon since it will be renewing soon.

There has been many times where I have worked over time and my boss has not paid me (I have mentioned it to her). I am suppose to receive 20,000 won for overtime compensation.

My boss is not enrolled in the pension plan (I'm just NOW learning about it)

I am renewing my contract, but my boss is telling me she cant afford the plane ticket home, but will provide it at the end of my new contract. I was never given a plane ticket to Korea in my first contract as well. My question about that is: Am I suppose to be given a week off to go home since a round trip ticket is suppose to be given? And if I do not choose to go home am I suppose to be reimbursed that airplane ticket?? I am so confused.

Also, she mentioned in our meeting that in the new contract I will only be working until end of Feb 2013/beg of March (end of the semester), but that will be BEFORE my 1-year contract is over. What should I do in this case? What should be stated in the 9-month contract?

Have you heard of any cases like this? Basically she will be letting me go for no reason after 9 months, other than it being a new semester, with new kids. I have a great relationship with her along with great housing, but feel weird about all of this.

Any advice or input? I would love anything from anyone?! Thanks so much!

[NYC_Gal 2.0]

Don't renew. If you've been with her for over 6 months, you have a case with the labor board for pension. You'll have to pay your portion, but so will she. If you are from a country where you get it refunded, this might be worth it. Take your airfare money and find a new job. Really. Don't renew with a shady boss.

[nathanrutledge]

Read your contract.

First, if you're not getting paid, that's an issue.
Second, if you're not enrolled in the pension, that's an issue.
Third, if you're not enrolled in the pension, you're probably not enrolled in the National Health Scheme, which is an issue.
Fourth, if your contract says you get vacation days when you renew, then you get vacation days when you renew. If it says you get a glorious unicorn with pink hair, then you get a glorious unicorn with pink hair.

If I were you I would:

1) Read the labor standards act. DON'T get all lawyery and try and make a RICO case. This isn't a huge case. This sounds like a shady boss, a dime a dozen.

2) Make some decisions. The pension/healthcare is important. If you turn her in, then you get your money from her. BUT, you are also required to put in. If you don't report her, she gets away with it. The thing is, sometime in the future, the NPS/NHS/NTS could come across this and catch you when you least expect it. If I were you, I'd pay what I owe (even if you come from somewhere you don't get it back - you don't want trouble later and you DO get it back when you retire; sure, sucks now, but you still get it in the end).

3) Not getting paid overtime that is due, and not getting your flight ticket/vacation/glorious unicorn is a serious issue. She can pay you your salary, but not the rest? Two issues here -- 1) she is broke and without unicorn, in which case you don't want to work there or 2) she is up to here eyes in unicorn shit and just isn't paying. Either situation is not a good one.

4) A 9 month contract makes me leery. Not sure of the legality of it in regards to immigration - think you must have a 1 year contract, but don't quote me on that. Also it seems like a good way to renege on paying airfare/year end bonus/etc.

Post your contract in the contract review thread for more info. Read the Labor Standards Act (on Daves/on the ministry of... something work/trade/something?? website. It's there, in English, and very simple to follow). Wait for ttompatz to give an answer. Grow a backbone and be ready to

[iggyb]

OK, on a reread I caught this line "I have been in Korea for about a year and 5 mths now." I deleted my first comment and will start again...

So, you have worked for this place for about 9 months?

Is your current contract a 12-month contract?

Unless your contract is for less than 12 months, you probably do have a labor board case: She can't sign you to a 1 year contract --- then tell you if you don't renew for a 2nd year she's going to force you to leave before your current 12 months run out.

Hakwons have fired people in the 11th month before and been taken to the labor board for it. Now that I noticed the line quoted above, that seems to be what she is trying to do.

If your current contract is for less than 12 months, never sign one of those again and chalk this up as a lesson learned.

No matter what, do not sign up with this place again. Too many red flags.

If your current contract is for one year, and you are 9 months into it, you probably have some recourse under the labor law for having the contract fulfilled.

Read the labor laws. You can also try scouting around for an English-speaking lawyer who will give you some limited advice for free.

Again, whether you seek to try to force the hakwon to honor the current contract and the law regarding severance and pension or not is up to you. I got caught in terrible situation once and decided to let the month and half salary owed slide just to be done with the place.

But don't stay there for another year given what has been said.