Korean Job Discussion Forums

[canukteacher]

It was an interesting morning. I showed up, with my interpreter, for the scheduled hearing. This hearing was scheduled by the Labor Board, and they requested evidence, pay slip, and ID. I supplied all of it. Both myself and my former employer were supposed to be in attendance.
Well guess what? My former employer did not show up. He calls them, and gives the phone to me..........WE WANT TO TALK TO YOU BEFORE ANY LEGAL PROCEEDING. Great, I think you were asked to be here today. OH NO, we can't make it. I gave the phone back to the Labor guy.

Mr. Labor Board Man tells me that that employer is not legally obligated to show.

On a positive note he ruled in my favor regarding payment of severence. Papers are being drawn up and my former employer is being told to pay up...........Round 1 for the little person (ME). But, there must still be a second hearing. The employer must be summoned twice. Now I do not have to attend this second meeting, and I don't think it changes the decision (at least if I understand correctly).

BUT..............The decision by the Labor Board is NOT legally binding.

Now if they ignore the Labor Board order the Labor Board will file crminal charges. So the saga contines. I am told that I might here something by the end of September.

So we shall see. Now I understand why Korean employers ignore the law.


But, the ruling regarding severence is important, and I think a VERY positive one for teachers in similar circumstances:

My emplpyer terminated me at month 11 of my second contract. They had paid my first years severence at the end of my first contract. But, because there was NO break between the first and second contracts they must pay the second years severence (prorated of course).


CT

[Mankind]

[matthews_world]

I've been pretty civil with a past employer for back wages. I completed a year contract in May and haven't seen 3 months of pay and severance since March.

About 1.5 months is being taken care of by the government as they went bankrupt and reformed.

This employer has kept their word paying those employees in full who have completed contracts. They haven't paid a dime to employees since March.

How much time does one have to be able to use the Labor Board?

[canukteacher]

I've been told that the statue of limitations is 3 years.

CT

[iiicalypso]

Congratulations on a victory at the labor board. I only wish that I had your official when I went.

When I showed up for my hearing at 9am, my employer did not show up. We waited until 9.30, and the officer called them. My ex-boss said he could not come at ten. He said he would come at 3. I asked the officer if this meant that my employer was in default for not showing up. He hemmed and hawwed for a while, and said that I should come back at 3. Since he had already all but decided against me (we reviewed my case, and he clearly did not understand the concepts of contracts or overtime pay) and it was raining, I chose not to go back. My moral victory came at 4.30 when my ex-boss called to ask where I was. It was rewarding enough imagining the four of them sitting around, waiting for 1.5 hours.

Plus, now I have a good legal strategy-- "I'm sorry, judge... I can't make it at 9. How about 3? That is good for me!"

[canuckistan]

Good for you and kudos for pursuing it, hope you get whatever is due to you + interest