Korean Job Discussion Forums

[mashimarofan]

I keep getting mixed everything to the point of no return. I'm told by close friends that I can call the Labour Board and get out of my contract and they will pressure my boss into giving me a letter of release.

Background: Got here back in October, and from day 1 it was verbal abuse followed by being ostracized. Remember getting offer details in which it stated that those on hourly salary "Instructors on the hourly salary package are responsible for the full cost of the medical insurance premium. Hourly instructors are eligible from three months after the the start date on the contract". This is where it gets interesting, after 3 months was up, I asked my recruiter about insurance, and she asked the Headquarters, and they called my boss. Mind you every time I asked my boss for help on something she would blow up on me, insult me, and overall just be super abusive. She cornered me and told me that because I was part time I had to sign up on my own. From what I hear part time is when you are working 15 hours or less per week, and E2 visas cannot be sponsored on that. Also, I'm told that you also have to pay pension, but the only thing that is being taken out of my pay check is rent and the 3.3% tax rate. On top of that I think I've been declared an IC, even though my contract states I am an employee, and there is no way I could be one under an E2, especially since I work under their directions on how to work, when to work, and where.

I talked to a labor lawyer about it, and he looked over my contract and says its clean and there's no case.

Yet, others say there is a case. I'm confused, because I was told I can go to the Labour Board and get my Letter of Release. And she has threatened numerous times that I should get another job, I've broken the contract, and I should quit. This woman really does not like me. Did I mention I work for Chungdahm Learning? I am 7 months into my contract, and will be done another 7 months from now, I really don't think I can last. HR knows about her since I started working there, and nothing has been done. I'm officially burned out when it comes to her, and other than throwing myself in front of a bus, I can't think of anything else to do.

My questions are these:

If I can't go to the Labour Board, what do I do to get my LoR?
If I can't get an LoR, is there anyway I can work at a new job without it?
Be nice, ask her to sign a letter of release and go on my merry way?
Resign, do the 65 days of hell in order to quit, and then hope someone will hire me?
If the Labour Board can help me, how do I go about to talking to them and the like?
Also, could I get a D10 visa without an LoR? If so, how?

On top of that, thinking that I would get the LoR as friends have stated, I went on job interviews, and passed one to the point where they do want me by next week. (yeah, I'm all about fucking myself over it seems, yay! *throws confetti*).

[Kepler]

Teachers at CDI are independent contractors so they don't get health insurance. CDI was involved in a court battle with its teachers about this issue. The teachers won but the case was appealed to a higher court.

"Chungdahm argues that the teachers were independent contractors, as described in the contract, but previous rulings have found that this situation does not comply with labor law, as Chungdahm controlled the rules, place and hours of employment, and in some cases sponsored teachers’ employment visas."
http://www.koreaherald.com/view.php?ud=20150113000740

If you can't get a letter of release then you could leave Korea, turn in your ARC at the airport to cancel your visa, and get a new visa with new documents.

[ttompatz]

[mashimarofan]

Thank you.

There are some issues, because in my contract it does not say I am an IC, it says "employee", and also when I called Naitonal Pension Office and they checked my standing, it says "self-employed" which had her confused because I am not self-employed.

You are correct on them telling me how to do everything and anything.

[pmwhittier]

At my previous employer, my contract said employee and yet NHIC had me listed at self employed. What I found out through first-hand shenanigans is that:

NHIC doesn't care if your contract says employee or not.

Pension office doesn't care if you're an employee or not.

Labor Board doesn't care if you're an employee or not.

When I started having troubles, I found out the hard way that the Labor Board (and many other government agencies) are only interested in clearly broken laws. Being treated badly, non-payment of insurance and pension, and hell-on-earth conditions are of NO CONCERN to the Labor Board. In fact, the Labor Board was nice enough to coach my employer on ways he could make my employment even more difficult all within the confines of the law.

Korean agencies will always help Korean employers first and foremost. Now that I know that, I sleep much better at night.

[Troglodyte]