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Korean Job Discussion Forums
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Badmojo
Joined: 07 Mar 2004
Location: I'm just sitting here watching the wheels go round and round
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 Posted: Fri Aug 27, 2004 7:09 pm Post subject: Given 5 days notice, WTF? |
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Well I played by the rules from the start.
Never ran, although I had reason to at the start. Always worked hard, and had good classes. I did what I was supposed to do.
Until yesterday when I got called into the Planning department and was informed that I would be finished at the school August 31st, and not October 7th, as is stated in the contract.
They told me some garbage about reforming the elementary division of the school and so on, and how that division would no longer require a foreign teacher. Blah blah blah.
Anyway, they're still giving me my bonus and plane money, so it could have been a lot worse.
Which brings me to why I'm here. I never liked the owner, hated him from the start. Fortunately, our paths rarely crossed through the year. Once I get my bonus and plane ticket, could I take this to the labour board? 5 days dismissal is nowhere near 60 days. I had no plans to leave the country this month. I had no other jobs lined up. This isn't right.
Could I fight and get any more money from them? Or are they giving me all that they have to, by saying goodbye and here's your plane ticket and bonus? |
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gypsyfish
Joined: 17 Jan 2003
Location: Seoul
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| Posted: Fri Aug 27, 2004 7:25 pm Post subject: |
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You're getting your bonus and airfare. And you're complaining? WTF!
How much stuff could you have accumulated in ten months? Store it with a friend, check into a yeogwon, get a new job (I saw Hanyang Oregon was looking for teachers on the job board), go to Thailand to get a new visa, enjoy the beach, come back to your new job, and be happy you didn't get screwed out of the money they're going to pay you. |
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igotthisguitar
Joined: 08 Apr 2003
Location: South Korea (Permanent Vacation)
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| Posted: Fri Aug 27, 2004 7:31 pm Post subject: Re: Given 5 days notice, WTF? |
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| Badmojo wrote: |
Once I get my bonus and plane ticket, could I take this to the labour board? 5 days dismissal is nowhere near 60 days. I had no plans to leave the country this month. I had no other jobs lined up. This isn't right.
Could I fight and get any more money from them? Or are they giving me all that they have to, by saying goodbye and here's your plane ticket and bonus? |
Got any Korean "friends" ??? You might wanna quietly go to the labour board AFTER (assuming this happens) you actually DO get your return ticket & ( CARROT ) "bonus". Unless they screw you on your severance etc, there's likely little reason to try pursuing any "legal" action in this country.
Sounds to me really like they're going bankrupt. play it COOL man. don't do anything to piss the little kimchi monsters off  |
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batman
Joined: 24 Jan 2003
Location: Oh so close to where I want to be
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| Posted: Fri Aug 27, 2004 7:39 pm Post subject: |
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As they are giving you a bonus (which they probably didn't have to) and a plane ticket (which they probably didn't have to) I would just smile, say thank you and find a new job (after touring around Thailand of course).
Yes, you were only given 5 days notice (which does suck) but you were given alot more than many other people have received. |
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VanIslander
Joined: 18 Aug 2003
Location: Geoje, Hadong, Tongyeong,... now in a small coastal island town outside Gyeongsangnamdo!
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| Posted: Fri Aug 27, 2004 7:42 pm Post subject: Re: Given 5 days notice, WTF? |
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| Badmojo wrote: |
| Anyway, they're still giving me my bonus and plane money, so it could have been a lot worse. |
They are nixing your contract two months early with five days notice and putting your extra month's pay and airfare money in your pocket?
I stopped reading there.
You've got it good in my opinion. Make the best of the situation.
Remember the Chinese character for crisis is also the same for opportunity.
Heck! Use some of that airfare money to do a visa run by cheap ferry from Busan to Japan and sign a 6-month contract (or a year) with another company in your same neighbourhood (Don't try to say there aren't openings, just go hagwon door to hagwon door, there are) or elsewhere in Korea if you'd like a change.
Or take a holiday in Thailand on the plane money alone! You could do a visa run from thereabouts. Use the next five days to pack and search out new positions if you'd like.
You have a great opportunity.
I wish you well whatever. |
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Real Reality
Joined: 10 Jan 2003
Location: Seoul
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| Posted: Fri Aug 27, 2004 8:09 pm Post subject: |
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You might consider contacting your government or embassy just to let them know how one of their citizens has been treated in Korea.
Send a message
http://www.voyage.gc.ca/main/contact_menu-en.asp#send
E mail: [email protected]
Consular Affairs Bureau
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario, CANADA
K1A 0G2
Canadian Embassy in Korea
Feedback and Contact Form
http://www.korea.gc.ca/aboutus/contactus.e.html
Canadian Embassy
http://www.korea.gc.ca/aboutus/find.us.e.html
Kolon Bldg 9th Floor, 45 Mukyo-dong, Chung-ku
CPO Box 6299
Seoul, Korea
Tel: 822-3455-6000
Fired
http://www.eslcafe.com/forums/korea/viewtopic.php?t=8023
Breaking a Contract
http://www.eslcafe.com/forums/korea/viewtopic.php?t=20817
Foreigners Experience Difficulties in Living in Korea
Overall living conditions, including education, housing, medical care, transportation, immigration, and access to the Internet are pointed to as inconveniences. Not only inconveniences caused by different systems and customs in Korea, but also special discriminating practices, such as the practice of submitting two years of monthly rent in advance like a deposit, which is required of foreigners just because they are foreigners, are ubiquitous.
http://english.donga.com/srv/service.php3?biid=2004070522448 |
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prairieboy
Joined: 14 Sep 2003
Location: The batcave.
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| Posted: Fri Aug 27, 2004 8:11 pm Post subject: |
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To echo some of the other's sentiments...you are getting that extra cash.
Instead of thinking of it as them giving you your severance bonus, which they don't have to do, think of it as giving you a month's pay in lieu of the 30 days notice required under the labour law, which they are required to pay.
As long as all of the money comes your way then you'll have no grounds to base a complaint on and the labour board will not help. If you are shorted then go directly to the labour board.
Cheers and goodluck |
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Real Reality
Joined: 10 Jan 2003
Location: Seoul
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| Posted: Fri Aug 27, 2004 8:14 pm Post subject: |
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It is illegal to fire an employee after six months without written notice. Notice has to be signed by both parties and dated. Also you are to get all monies the day of firing; not this "come back in a few days" crap that most director say.
http://www.eslcafe.com/forums/korea/viewtopic.php?t=8023 |
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Badmojo
Joined: 07 Mar 2004
Location: I'm just sitting here watching the wheels go round and round
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| Posted: Fri Aug 27, 2004 8:24 pm Post subject: |
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I know it could have been a lot worse. What am I complaining about? I'm complaining about being cheated. You may not think so, but it is. I don't have time to do proper job searches. I've been caught completely off guard by this. It isn't right, no matter what any of you say.
60 days is not 5.
With that being said, am I going to do anything about it? Probably not. Like 90% not. I'm just wondering if I have any recourse to this unjust treatment.
They broke the rules, plain and simple. Hagwon apologists, you can go post on some other thread. I don't want to hear from you. |
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Badmojo
Joined: 07 Mar 2004
Location: I'm just sitting here watching the wheels go round and round
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| Posted: Fri Aug 27, 2004 8:29 pm Post subject: |
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| prairieboy wrote: |
To echo some of the other's sentiments...you are getting that extra cash.
Instead of thinking of it as them giving you your severance bonus, which they don't have to do, think of it as giving you a month's pay in lieu of the 30 days notice required under the labour law, which they are required to pay.
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Yes, they have to give my severence. There is no summary dismissal after six months, unless they prove incompetence, which they can't. If they don't give the notice after that, they have to give you everything (plane and severence) ON THE SPOT. They're giving me nothing that I'm not already entitled to.
The way I read it, I'm entitled to more, because they didn't give notice. Where's EFL Law guy? |
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jazblanc77
Joined: 22 Feb 2004
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| Posted: Fri Aug 27, 2004 8:49 pm Post subject: |
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| Badmojo wrote: |
I know it could have been a lot worse. What am I complaining about? I'm complaining about being cheated. You may not think so, but it is. I don't have time to do proper job searches. I've been caught completely off guard by this. It isn't right, no matter what any of you say.
60 days is not 5.
With that being said, am I going to do anything about it? Probably not. Like 90% not. I'm just wondering if I have any recourse to this unjust treatment.
They broke the rules, plain and simple. Hagwon apologists, you can go post on some other thread. I don't want to hear from you. |
By the way, it is only 30 days that they are required to give you. If they don't give you 30 days notice, they are required to pay you your salary for that time.
Though, I agree with everyone else here who said that you are getting a good deal out of this. If you have only been there for 10 months then you are not even entitled to your severance yet by law, but, they are giving it to you. Same deal with the airfare but they are giving that to you as well. Why do you want to screw these people over so badly? That's really crappy! 
Last edited by jazblanc77 on Sat Aug 28, 2004 12:37 am; edited 1 time in total |
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Real Reality
Joined: 10 Jan 2003
Location: Seoul
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Gord
Joined: 25 Feb 2003
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| Posted: Fri Aug 27, 2004 8:58 pm Post subject: |
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| Badmojo wrote: |
| Yes, they have to give my severence. There is no summary dismissal after six months, unless they prove incompetence, which they can't. If they don't give the notice after that, they have to give you everything (plane and severence) ON THE SPOT. They're giving me nothing that I'm not already entitled to. |
Technically, they have to give it to you shortly after your last day of work, not the moment they inform you are to be laid off. Plus things like airfare are conditional upon the contract completion and are not legally required by law, a contract condition which was not met.
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| The way I read it, I'm entitled to more, because they didn't give notice. |
In theory, assuming for the moment your contract doesn't have any conditions that state a contract can be ended due to serious circumstance changes and whatnot which is unlikely, you would only be entitled to 60 days pay. So if your plane ticket and severance package are less than this 60 day pay summary, then you could push for the difference.
The problem here is that once you communicate your acceptance of the money or communicate your acceptance of the contract ending, you have agreed to end the contract lawfully and removed any legal standing you have. An example I've used before: You borrow five dollars from me and say you are going to pay me back on Friday. A clean contract. A couple days later, you ask if you can pay me back a week later, and I say yes. So we have concluded the first contract and began a second contract. Then the next day I decide I would really like the money back this Friday as originally agreed and make a demand to be paid. Only now I have no legal position to stand on as the original contract is no longer in force.
Anyway, I would advise you to take the money and run. You're a winner, and anything you do only increases your chances of losing. |
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Real Reality
Joined: 10 Jan 2003
Location: Seoul
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| Posted: Fri Aug 27, 2004 9:11 pm Post subject: |
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Would you let your government representative know about your treatment in Korea?
While you are upset now, please maintain some perspective and a sense of humor. Always try your best to follow the laws even though your employer (ex-employer) may not.
I advocate justice and following the laws.
However, From Aljazeera.net,
Revenge feels sweet and Swiss researchers are saying they have brain scans to prove it.
http://english.aljazeera.net/NR/exeres/4EDA0EE0-6441-453B-9D40-5AE1A75F3151.htm
From the Toronto Star
Go ahead, make my day: Revenge feels, oh, so good
While researching this story, I heard about a woman who was dumped by the man with whom she was cohabiting. She managed to get back into the apartment they'd shared and proceeded to smear feces in places he'd never think of looking, so the stink would linger ("You think you can get rid of me that easily? Hah!") for example, in the hollow of the curtain rod.
Says Knutson, "It would be hard to imagine that she was doing a hard, cold, rational calculation (about the benefits) when she was deciding to defecate in the curtain rod. I suspect that even when it doesn't make sense, revenge feels good, and people anticipate this feeling."
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1093558209949&call_pageid=968867505381&col=969048872038 |
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Badmojo
Joined: 07 Mar 2004
Location: I'm just sitting here watching the wheels go round and round
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| Posted: Sat Aug 28, 2004 1:54 am Post subject: |
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Thanks Gord. The only question I was asking in this thread was what I was entitled to. Then all I got back was how lucky I was and what I should do next in my life. As it turns out, 60 days pay is obviously more than severance and plane ticket, but it's much cleaner this way.
Now I hold my breath that I actually get it. My boss, who has been there for eight years is quitting, and they're going to give her all of four years severence. We're talking about a girl who no less than two months ago was in a hospital for stress and overwork. She put everything she had into the job. Another teacher who has been there for four years has been informed they're only going to give him severence for three.
Jaz asked why I would treat this place so crappy. There's your reason why. I don't like them and haven't from the start. You have a contract with someone, you honour the damn thing. That's the way I operate. And what about them? They operate daily through a system of control and intimidation. They think they can write the rules as it pleases them. They think they can do whatever they want. And when people have enough and want to move on, they screw them on the way out too. Now you tell me how that's right. |
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