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evangalion3
Joined: 25 May 2013
Location: United States
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 Posted: Tue Feb 18, 2014 9:23 pm Post subject: Minimum amount of time before transferring E-2 |
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Hi Everyone,
So long story short, we have only been here a little over two months. However, we have not been getting paid on time and we are not sure if we will. Our boss told us that if we leave now, we will have to go back to the U.S. first because you have to be here at least 3 months before you can transfer your E-2 to a new school. Is this true? Any help would be appreciated. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Tue Feb 18, 2014 9:29 pm Post subject: |
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| If they really don't pay, then you can probably get a D-10. However, I think you need to give the school time to pay. This means working additional months. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Feb 19, 2014 2:49 am Post subject: Re: Minimum amount of time before transferring E-2 |
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| evangalion3 wrote: |
Hi Everyone,
So long story short, we have only been here a little over two months. However, we have not been getting paid on time and we are not sure if we will. Our boss told us that if we leave now, we will have to go back to the U.S. first because you have to be here at least 3 months before you can transfer your E-2 to a new school. Is this true? Any help would be appreciated. |
No, it is NOT true but there ARE some restrictions.
IF you are NOT being paid you can leave and transfer (without a release from the old employer).
If you are being paid late then you need to have your ARC and a valid complaint at the labor office to depart without issues.
If you are being paid late but within 14 days of your pay date and paid in full then you have NO recourse at the labor office and you WILL need a LOR and your ARC to leave without immigration issues.
You don't have to go home.
You can quit. Immigration will then give you 30 days before you have to leave the country. Take a job in China. get your visa in HongKong and away you go.
Fly down to Thailand (new school year starts in May) and get a job.
April is a great time to be looking. The gross pay is only about $1000/month for newbies but, depending on where you go (outside of a tourist area), you can still save 1/2 of that.
Taiwan is also a viable option for anyone who qualified for an E2 in Korea.
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evangalion3
Joined: 25 May 2013
Location: United States
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| Posted: Wed Feb 19, 2014 3:31 am Post subject: |
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| Thank you. That is very helpful. Do you know if that is 14 total days or 14 business days? |
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evangalion3
Joined: 25 May 2013
Location: United States
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| Posted: Wed Feb 19, 2014 4:03 am Post subject: |
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| I'm not asking because I am trying to leave just because the payment is late this one time. There are many red flags and I would like to get out of this situation as soon as possible. To clarify, our contracted pay date is the 10th, our boss said he would pay us on the 14th.. no big deal. Then on the 14th we did not get paid and he said he would pay us that weekend. Monday rolled around and he said he would pay us on the 19th. Well today was the 19th and nothing. He is now saying he will pay us on the 24th but from what I know of the situation, I doubt it. He says he has an "investor" but I do not believe him and neither do any of the other Korean staff... |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Wed Feb 19, 2014 6:56 am Post subject: |
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| evangalion3 wrote: |
| I'm not asking because I am trying to leave just because the payment is late this one time. There are many red flags and I would like to get out of this situation as soon as possible. To clarify, our contracted pay date is the 10th, our boss said he would pay us on the 14th.. no big deal. Then on the 14th we did not get paid and he said he would pay us that weekend. Monday rolled around and he said he would pay us on the 19th. Well today was the 19th and nothing. He is now saying he will pay us on the 24th but from what I know of the situation, I doubt it. He says he has an "investor" but I do not believe him and neither do any of the other Korean staff... |
It's 14 calendar days (i.e. 2 weeks), not 14 business days.
There can be a bit of gray area regarding when the 14 days starts. Technically you're owed money as soon as your pay period ends. If your pay period is a calendar month then you should be paid on the 1st of the next month but the employer can pay you up to 14 days late before the LB will care. That 14 day limit is not an official thing written into the law but rather a procedural matter for LB officers. If your contract says that you'll be paid on the 10th then technically your work month should also start on the 10th. So if you started your first pay period on the first of a month, you should have been paid a third of your regular salary on the 10th of that month and in your last month at the company, you'd get 2/3 of a regular salary. But small businesses won't do it that way. They'll calculate your pay period based on calendar months but pay you late. It's still technically late but it's within that 2 week grace period. The cases where it becomes gray are when the contract says something like "payday is on the 10th" and they are officially paying you 10 days late (and you agreed to it). In those cases, the LB might not take care of your complaint until a bit more than the 2 week period. People (foreigners and Koreans alike) have gone to the LB over this exact situation. Still, if you're being paid on the 24th then you're clearly being paid late.
If you go to the LB, the officer will call your boss to ask what's going on. He'll probably do it while you're there at the LB. The boss may make up an excuse but the LB guy will likely tell him to pay up. If he pays you (in full) then the case will be closed and the employer's record will remain clean. If he doesn't then things may progress and the LB will give you permission to transfer your visa.
Before you go to the LB, be prepared to deal with your boss when you see him next. He'll likely go ballistic. His face will turn red and steam will come out of his ears. I would recommend that before you get to the school, you turn on some kind of recording device to record whatever "discussion" occurs. In Korea audio recordings are admissible evidence, even if the other person did not agree or even know that he was being recorded. Go back to the LB the next morning and play the recording for them and ask for permission to transfer your visa immediately.
Also, have your bags packed and be ready to stay the night somewhere cheap, in town. Some employers can't take stress very well. His failing business will have him strung out already. You reporting him to the authorities may be the last straw. He may try to toss your stuff out on the street and change the locks. It would be illegal but you'd still have to deal with it. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Feb 19, 2014 2:42 pm Post subject: |
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| evangalion3 wrote: |
| Thank you. That is very helpful. Do you know if that is 14 total days or 14 business days? |
You are REQUIRED to report a material change in your status to immigration within 14 (calendar) days (not 14 business days) of the change.
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Feb 19, 2014 5:22 pm Post subject: |
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| Quote: |
| I'm not asking because I am trying to leave just because the payment is late this one time. |
I think you are being given some unhelpful information here. It doesn't matter if it is 14 business days or 14 work days. The information may be correct, but how useful is it?
Unless Korea is setting it up so we can come and go from job to job more quickly and easily (which I am all for), the reality is that NO you don't have just 14 days (figure 14 to your advantage). You need to file a complaint, that means it takes more time than the 14 days to pay you and you would need to have some place to live. If you threatened to stop working, then the school could use that against you.
Being a 1 time event might indicate future delayed payments. This is normal in Korea, and if you are not used to it and don't want to be then you should really look at other countries. Teachers have had to wait months before getting paid. Some have simply been promised and never given it. When they take action, they settle for half. Please realize this is not a situation where you can "punish" an employer for being late on payment.
So, if you still want to work and live in Korea, I suggest you not worry about the pay date. Get into the habit of being paid by the school. This has worked better for me than threatening them and going to labor board.
Typically, I start out at a school expecting the 10th to be the last day for them to pay me. I get an understanding before I sign the contract that they will pay on the 5th or earlier. When the 5th comes and there is no pay, then I know something is happening. I talk to the school about it and give another week to see what happens. If you wait until this 14th useless theoretical date ("gray area" is the nice buffer term), then what you are communicating with the school is that you are willing to be taken advantage of.
Try to get the school to pay you earlier rather than letting them control the leash. Ask them about pay date. For example, let's say you started in January, you weren't paid by February 5. That means you talk to them, and then wait until February 10. On February 10 the conversation should be something like this:
Teacher: So, I haven't been paid and it's already the 10th.
School: We are sorry, please give us a few more days.
Teacher: So, that means I will get January's pay in a few days, and then February's pay around March 3?
School: YES (this is good) / MAYBE or NO (This is a sign that you will have the same thing happen each month, do you want this?)
Since it is Feb 20 now, according to this example the conversation should escalate more with you insisting you need to be paid. When you get repeatedly ignored, then that would be a time to consult with labor board and find out your options. At this time, say NOTHING with the school. Do not use threats to negotiate with the school. When you have found a course of action with labor board, then just ask one more time in March (according to this example) when you will get January's pay. This reminds them you haven't forgotten and that you are not the one in the wrong.
If there is recourse earlier in February that gets the money to you before March (according to my example) by going to labor board, I would like to hear about it. |
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