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Haven't been paid in 2 months........
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Wed Oct 06, 2004 8:58 pm    Post subject: Haven't been paid in 2 months........ Reply with quote

I have been very patient. Student numbers have been down, but they are on the increase again. The boss promised to pay me August's wages by yesterday........ but didn't.

Today, I have yet to see him in the office..... coincidence?

I am quickly reaching the limit of my patience, but I am unsure as to the correct way to go about this.

If the boss still doesn't pay me by the end of this week, what should be my first step?

Do I report him to immigration, the labour board or what should I do?

I am half-way tempted to just leave, but it really isn't such a bad job........ other than the lack of wages. Confused

I get the distinct impression I will be screwed no matter what I do, but I may be wrong.

Any thoughts or relevant opinions are welcome.

Thanks in advance
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Real Reality



Joined: 10 Jan 2003
Location: Seoul

PostPosted: Wed Oct 06, 2004 11:10 pm    Post subject: Reply with quote

After you read the FAQs, you will find almost all forms that you need, in English and translated into Korean, are avaialble to you at EFL-LAW.Org (membership site)
EFL LAW
http://efl-law.com/faq.html

My employer has not paid me on the due date. What can I do?
Your employer has not paid you on the specified contractual date. The employer has breached a substantial condition of your contract. You have asked for payment but received none nor received any information that satisfies you as to when and why the payment is not forthcoming. At this stage you may wish to consider tendering the required days notice of contract termination, unless you are satisfied as to why the payment has been delayed. (If you are on E1 or E2 visa, do not resign.)

If you still receive no money despite your requests, you should attend at the Korean Labor Office with a copy of your contract, visa and passport.

You may find your Employer does not pay you your monthly salary or final severance pay. The following information has been supplied by the Korean Labor Office and sets out what role they can take and what you must do. First select the Labor Office that is responsible for your area of employment. In the following hypothetical case, we shall consider an employer who has not paid the monthly salary.
See http://efl-law.com/faqans_lab-off.html

http://efl-law.com/labor-office-locations.png
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just because



Joined: 01 Aug 2003
Location: Changwon - 4964

PostPosted: Wed Oct 06, 2004 11:17 pm    Post subject: Reply with quote

Stop working and say i will start when the money is in my bank account.

Ring the Labour Board(though the percieved power that is talked about on here is not really a reality, the will help but the process takes a long time).

Ring immigration and tell them the situation(they probably will do nothing though)

Would you work if you were in your native country????
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Real Reality



Joined: 10 Jan 2003
Location: Seoul

PostPosted: Wed Oct 06, 2004 11:31 pm    Post subject: Reply with quote

Ministry of Labor Call Center
1350

Nearest Office
http://www.molab.go.kr:8787/about/about_06_01.jsp

http://www.molab.go.kr:8787/

Post subject: Help! Important Contacts, Embassies & Advice
http://www.eslcafe.com/forums/korea/viewtopic.php?t=20647
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No L



Joined: 17 May 2004

PostPosted: Wed Oct 06, 2004 11:43 pm    Post subject: Reply with quote

When my friend went to the labour board, they said that 2 months was the magic number. If you haven't been paid in 2 months, they will step in right away. If your director has been or gives you partial payments, they tend to give him more time. Of course this being Korea, and not all labour boards being equal, go to your local one and find out their response. Then leave the job after you get your money. If he's done it once, your boss will be willing to do it again.
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Oct 07, 2004 2:21 am    Post subject: Reply with quote

start walking out with overhead projectors, computers etc. Just tell him that you are selling them for your pay. If he gets angry just tell him that him no paying you is the same as stealing!

If I had a boss who didnt pay me for more that a day or two I would not work. Letting things go a month or two is insane!
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hellofaniceguy



Joined: 10 Jan 2003
Location: On your computer screen!

PostPosted: Thu Oct 07, 2004 4:39 am    Post subject: Reply with quote

Talk about a warning sign of more bad things to come in the future!!!!
Change jobs ASAP...if not sooner. You won't be getting your severance pay if I was a betting man.
Get what you can...talk to the owner nicely...get a release letter, your money and part company.
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captain kirk



Joined: 29 Jan 2003

PostPosted: Fri Oct 08, 2004 9:37 am    Post subject: Reply with quote

I'd like to ask whether you, in hindsight, noticed what now can be seen as warnings or indications that what is now happening might have been in the offing?
With my boss it's like this.
She says she has no money, that their profit is small. Still, she spends money on clothes. As does her sister, the receptionist. Personally, I'd prefer it if they were nude Laughing . I mean a selection of fancy outfits and shoes.
It was Summer intensive month and I asked to be paid bi-monthly (big advance) as usual. Lots of overtime and I felt better about getting the money up front, right, so I'm not waiting wondering if there'll be some sort of rip-off cooked up with their time to think. And she said that all the Korean teachers are getting paid for the Summer intensive (morning classes besides the ususal afternoon to evening block) in a Summer intensive 'cheque'. I 'brashly' said well that's the Korean teachers and they're not me, I'm the foreign teacher. I always act 'brash' when it comes to pay. Smile Point is she was trying to get me to wait for it, instead of paying it up. I'd recommend getting an advance of half a month's pay to everyone. First time I've done it is this year. It's like getting paid every two weeks. With the pay time shorter there's cash flow, and a rat's chance of not being paid for a long time (not meaning to touch a nerve, OP'er, my sincere sympathy).
Also, the boss wants me to open a bank account so it's 'easier' for her to pay me, but I want her to pay in cash. So I know I'm being paid and when, right then and there. Every school I've done it that way. I think it's good they get used to me sidling up to the counter and counting the bills there, checking up.
With this boss I can see things she does that are tests seeing if I'll let stuff go by. To soften me up and get the door open a crack, room for some fandangling. Smile It's been the same with most other bosses.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Fri Oct 08, 2004 1:35 pm    Post subject: Reply with quote

What caught my eye about the OP was that you like the job except for this lack of pay. So I am guessing that you like your location, have a decent relationship with the staff, etc.

You might consider taking the angle of asking for partial payment in installments. A favorable response would indicate the boss is really having financial problems, not trying to screw you. It would also put you in a good position when negotiating time comes around.

Whatever you do, good luck. And I would be checking around for alternative employment in case your place goes belly-up.
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Demophobe



Joined: 17 May 2004

PostPosted: Fri Oct 08, 2004 4:04 pm    Post subject: Reply with quote

Kudos to the OP for being so patient. However, don't go from 1 to 11 in a heartbeat...that will be counter-productive and will make your past patience void. Sit down with your employer and explain that if you aren't paid, you won't be coming to work anymore.

Tell him/her that if they are having so much trouble, perhaps they need a different teacher, maybe a part-time worker. Then say how you need some stability in your job, and not being paid is giving you so much stress, you are getting sick and can't focus on the job. Recommend a win/win situation by asking them to let you go if they haven't the money to pay you, as you aren't going to teach anymore for free.

I think that this is reasonable and will throw a scare into them if done correctly. Approach them calmly and thoughfully, telling them that it's just better if they either pay you or let you go. This will allow them so 'save face'...
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pecan



Joined: 01 Jul 2004

PostPosted: Fri Oct 08, 2004 4:38 pm    Post subject: Allowed... Reply with quote

Grotto:

Your boss is legally allowed to be late on paying your salary for fifteen days, so the idiotic idea of walking out after two days would leave you without any legal recourse.

OP:

You need to decide what this situation truly indicates.

1) Your employer may not want you around, so he is freezing you out until you go away or do something that warrants being fired (I have seen a few cases like that, and the foreigner seldom recognizes it for what it is).

2) Your employer could be in a major financial crisis, and he is trying to keep you around as long as he can before he files bankrupcy.

If it is either of the above, he has no intention of ever paying you.

On the brighter side of things, if your employer is simply struggling to stay financially solvent and he likes you, no doubt he will do his best to pay you.

The one thing that is difficult to understand, if you think the latter is the case, why wouldn't he at least pay you something?

No doubt, you know the answer.

Nut

BTW, Demo pointed out a very wise course of action. If your employer has been wanting to get rid of you but did not want to confront you, following Demo's advice will provide you with an immediate answer.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Fri Oct 08, 2004 9:29 pm    Post subject: Reply with quote

Whew! He paid me for August this morning, with a promise to pay me for September ... within 2 weeks. I don't mind waiting a bit, as long as I know I will eventually get the money. Confused

It seems he has a history of doing this, it's not just me. I wish I would have known this before I started.

What happened to the blacklists/greylist links anyway? They used to be in a sticky post called "very useful websites" which dissappeared when the forum changed.

I was starting to worry that he was trying to get me to quit before the 6 month mark, but I guess I just had to be patient.

Is it a sign of worse to come? Probably, but then again who knows? Should I trust him? Probably not, but then again I don't have a lot of choice right now.

If I just walked out, I would have to leave Korea for the duration of my contract, that is... until next May. Shocked Or try to get a release letter.

Fat chance of that. Confused

Anyway, at least I have a bit more time to think about my options now.

Best of luck to you all............. you'll need it in Korea. Wink
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Grotto



Joined: 21 Mar 2004

PostPosted: Sat Oct 09, 2004 6:28 am    Post subject: Reply with quote

Pecan can you show where you picked up this gem of intelligence? Post a link or something?

If your boss 'is' allowed to be 15 days late with your pay...then you should also be allowed to be 15 days late showing up without repercussions.

Fact of the matter is if I wasnt paid on time(a day or two is okay) but two months is bullcrap. I would grab the son of a biatch by the *beep* and tell him I would let go when I had money to fill that hand...along with a hefty penalty. If an employer does not pay you on the specified day in your contract he is in violation of that contract.

15 days late my ass!
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canuckistan
Mod Team
Mod Team


Joined: 17 Jun 2003
Location: Training future GS competitors.....

PostPosted: Sat Oct 09, 2004 5:42 pm    Post subject: Reply with quote

Hagwon owners are funny. When the pay is late they'll tell you "That's the way it is sometimes."
So I'd ask them if they would accept that as a valid excuse when I walked into work a week late too. Confused
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Ilsanman



Joined: 15 Aug 2003
Location: Bucheon, Korea

PostPosted: Sun Oct 10, 2004 5:37 am    Post subject: yes Reply with quote

If it needs to be late, I want partial payment.

If there is none, I won't be working the next day.

I have no need to put up with crap. I can easily find a new job.

If the school has financial problems one month, unless a miracle of God (or 10 new students) walk in the door, there will be problems in the future, and with my future severance. I will be out the door so soon.
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