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labor board question

 
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tideout



Joined: 12 Dec 2010

PostPosted: Mon Oct 31, 2011 4:05 am    Post subject: labor board question Reply with quote

Just curious -

Last edited by tideout on Thu Nov 03, 2011 1:09 am; edited 1 time in total
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Wildbore



Joined: 17 Jun 2009

PostPosted: Mon Oct 31, 2011 4:30 am    Post subject: Reply with quote

I think the 90 days is for if the business goes bankrupt or 90 days for unlawful dismissal.

Also, I believe your last 3 months of wages gets priority over the businesses debt. So if you go sooner, the business will have to pay your wages out before the creditors.
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tideout



Joined: 12 Dec 2010

PostPosted: Mon Oct 31, 2011 4:57 am    Post subject: Reply with quote

Wildbore wrote:
I think the 90 days is for if the business goes bankrupt or 90 days for unlawful dismissal.

Also, I believe your last 3 months of wages gets priority over the businesses debt. So if you go sooner, the business will have to pay your wages out before the creditors.


Thanks Wildbore. I know a lot of the discussion on this goes toward hagwon situations but for other kinds of work ie. public school, uni contracts etc..it seems like contracts are contracts no? For example, an unlawful dismissal is either lawful or not whether it happens on your first or last day - or at least I would think?
Just to clarify - I'm just curious if a uni or public school situation would be heard prior to completing 90 days?
Thanks again, hopefully this is more or less clear!!
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Oct 31, 2011 7:00 am    Post subject: Re: labor board question Reply with quote

tideout wrote:
Just curious - what are the requirements for going to the labor board with a dispute? Is 90 days the minimum # of days on the contract or is it more determined by fixed vs unfixed contracts?

Thanks


If you have not completed 6 months of your contract you are considered, under labor law, to be a conditional / probationary employee and subject to termination without notice.

If you have other complaints it will depend on the nature of the complaint rather than the length of the contract or length of time employed.

.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Mon Oct 31, 2011 9:25 am    Post subject: Re: labor board question Reply with quote

tideout wrote:
Just curious - what are the requirements for going to the labor board with a dispute? Is 90 days the minimum # of days on the contract or is it more determined by fixed vs unfixed contracts?

Thanks



You seem to have some specific issues that need to be addressed and you are giving us general information - rightly so to protect your privacy perhaps.

So, call or visit the Labor board and ask them if you have a case and when you should start whatever action you need to take. They can address your specific situation. If you have an actionable issue and can file a complaint, they will tell you.

Good luck.
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