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Wildbore
Joined: 17 Jun 2009
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Posted: Sat Nov 05, 2011 1:40 am Post subject: How long does employer have to pay wages? |
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A friend of mine just came back to Korea to teach English. He completed one contract 7 months ago, but the employer never deposited the last wage, severance, or airfare ticket money into his Korean bank account.
He had no way to check the account while overseas. He was planning on using this money as a key deposit, now he is screwed royally.
He went to the location of the school, but the director demanded he leave or he would call the police.
Will the labor board help with this problem? |
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koreatimes
Joined: 07 Jun 2011
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Posted: Sat Nov 05, 2011 3:00 am Post subject: |
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He completed one contract 7 months ago |
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He was planning on using this money as a key deposit |
He should have gone the 6th month (just joking).
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Will the labor board help with this problem? |
HERE'S A CRAZY IDEA. CALL THEM!!!!!!!!! |
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Wildbore
Joined: 17 Jun 2009
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Posted: Sat Nov 05, 2011 3:49 am Post subject: |
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I would, but I don't think the labor office is open on weekends.
Well, since it was my plan to be his roommate, and this screws over my plans, I'm pissed at this A-hole Korean Hagwon boss too. |
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koreatimes
Joined: 07 Jun 2011
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Posted: Sat Nov 05, 2011 4:01 am Post subject: |
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7 months was the limit? You won't wait 2 more days? Someone thought, "Let's wait 7 months, then they will pay us?" |
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jamesd
Joined: 15 Aug 2011 Location: Korea
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Posted: Sat Nov 05, 2011 4:33 am Post subject: |
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Wildbore wrote: |
I would, but I don't think the labor office is open on weekends.
Well, since it was my plan to be his roommate, and this screws over my plans, I'm pissed at this A-hole Korean Hagwon boss too. |
It took your friend seven months to find out that he got screwed over?
If I were you, I wouldn't rely on him too much. |
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sing81
Joined: 09 Apr 2011 Location: USA
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Posted: Sat Nov 05, 2011 11:35 am Post subject: |
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Me personally, I would just let the money go. If someone is going to call the police to keep from paying you money, in which they know they owe you, then it isn't worth it. I know it's hard to hear, but this kind of behavior is typical in Korea. Many Korean employers cheat their employees out of money, especially severance. These kind of people are dishonest in business dealings of any kind. They can't respect others, because they don't respect themselves. Don't worry about. They do themselves the most harm. Maybe try to get the money from a family member. |
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plchron
Joined: 26 Feb 2011 Location: Korea
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Posted: Sat Nov 05, 2011 7:14 pm Post subject: |
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Screw that! Use the labor board and then find a lawyer to take him to civil court to sue him for pain and suffering when your finished. The only way they become honest is if you hurt them for not being honest. Even if you don't win, cause some problems for him. |
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sing81
Joined: 09 Apr 2011 Location: USA
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Posted: Sun Nov 06, 2011 7:18 am Post subject: |
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It seems like it will cost just to get the money and the hassle doesn't seem to be worth the trouble. When a job has no redeeming qualities, coteachers, students, management, the adminstration, why bother? Bad employers will never become good employers. You can't force people to be good human beings. That's why quitting is so nice. No one is happy with the situation, so both parties walk away, because neither parties have any further business to conclude. There is no reason for any further communication. I was so happy to quit my last job and simply ask my family for help.
Another thing is some people are mentally ill and have meaningless lives. Instead of trying to help people through teaching and managing the school properly, they get some strange enjoyment from being unnecessarily cruel or overly concern with people's personal lives, like at my last job. Why are they even worried about you enough to call the cops? Doesn't that make themselves and their school look bad? That can't possibly being helping them to make money.
These people may want to keep something going between you and them, why call the cops on someone. This seems to be an extreme reaction to simple disagreement. They want to get in a fight with you, because they have nothing better to do with their time. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sun Nov 06, 2011 7:57 am Post subject: |
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One month's pay, severance (another month) and airfare is probably 5 or 6 million won and so it's worth fighting for.
It seems surprising that anyone would go for 7 months without checking on this much cash being depositied, but ...
Anyway, your friend should go to the labor board immediately and get the process going to collect his money. He should prevail eventually.
As to the employer calling the police, it could be that he suspected that your friend would create a scene and disturb his school. This is not an unreasonable expectation as many people would become a bit agitated when discovering they were short 5 or 6 million won.
Your friend needs to remain calm and get on with the business of collecting his money due. He should not visit the school in person again, but he should send a registered letter in Korean and English demanding strongly that his money be paid: Outline the amounts due and date due according to the contract. Keep a copy for the Labor office. Do this immediately. Be polite and firm. Make no threats. |
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sing81
Joined: 09 Apr 2011 Location: USA
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Posted: Sun Nov 06, 2011 8:20 am Post subject: |
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I guess it's a matter of opinion. To me trash is not worth the time, and I am not that motivated in coming back to Korea. It's definately not worth the price of the ticket.
Many Koreans seem to be bad in business dealings. Cheating employees is so common, and they don't seem to care about their children's eduation. It's hard to see the redeeming qualities inb teaching ESL in Korea. They do the most horrible things and then are always blaming foreigners. Well some foreigners, others they seem to defer to and give undue respect only to be cheated and made fools of later.
Last edited by sing81 on Sun Nov 06, 2011 8:24 am; edited 1 time in total |
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Wildbore
Joined: 17 Jun 2009
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Posted: Sun Nov 06, 2011 8:20 am Post subject: |
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The severence part of the contract simply said: upon completion of the contract, one months salary will be paid to employee.
There is no reference to an exact date, or a timeframe (such as one week later), this amount must be deposited. The airfare clause was the same.
However, the pay should have been due on the 10th of every month.
Is the end-date the defacto due date for the severence? |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Mon Nov 07, 2011 5:20 pm Post subject: |
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Under the Korean Labor Standards Act you have three years to exercise a claim for wages..after that the statue of limitations applies.
The Employer on the other hand has 14 days after the contract ends. Clearly they don't intend to pay. So if your friend has any proof, (signed contract, bankbook deposits, or pay slips) he should go to the labor board. |
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