Korean Job Discussion Forums

[sconner]

I just filed against my boss after he tried to fire me the day before pay day and 6 weeks before the end of my contract. We had been fighting over pension for months and he didn't want to pay, same old story. So I notified the pension office and that has been squared away, but I'm not sure what to do about the labor case. He backed down and said he hadn't actually fired me, but when all is said and done he owes me more than 2 million won in overtime and contract breaches. I have all the evidence but he has threatened to say the reason he fired me was that I hit him among other lies. Nobody at the Incheon office speaks English which has been difficult and I'm wondering if I should just take my severance and let it go. My boss has put me through hell this year though, and I know I am just one in a long line of native teachers he's screwed over. I've been told that even though I have all the evidence on my side it may not mean anything. Is it worth it? Is there a chance that I will lose my severance and airfare if I go ahead with this? If anyone has any experience with this type of thing I would appreciate your input.

[huffdaddy]

Can't help too much, but check this out (notice that Dec 2 is the last scheduled date):

http://english.incheon.go.kr/

[wylies99]

OP- hang in there. I'm sure someone on here can help with some good advice.

[ttompatz]

[canuckistan]

Sconner, after such a hard year I hope you can muster just a little more fight for the Labour Board and mush your boss like the miserable, corrupt bug that he is.

Shields up, arm photon torpedoes, engage!

[sconner]

I want to fight him in labor court, I have everything documented and there should be no question about what happened. But I don 't have anyone to translate and after filing and seeing how it was, I don't know if what I have will translate well. The other thing is staying to work. If I do a winter camp does that absolve him from paying my airfare, even if I have to stay to fight? I had some medical problems which he had a hand in, which I cannot prove, and I need surgery. I have been hanging on for months taking antibiotics and medication, but I have to get back to the states and can't sign for another year. If anyone knows the answer to that I would appreciate it. The English labor representive on the phone hasn't been all that helpful. Thanks for the support everyone.

[Cohiba]

[wylies99]

[Zenpickle]

Here's a bit of what I've learned that I've posted on my web site. I won the Labor Board case, and we're in the process of going to court. The school's assets get frozen this week. It still may be a year before I see any money.

http://www.zenkimchi.com/results.php?textfield=2006-08-27&Submit=Submit

ADVICE FOR FOREIGNERS HAVING PROBLEMS WITH THEIR BOSSES

BEFORE ANYTHING HAPPENS - It's always wise to play it safe. Even if you don't expect any problems, behave as if you're preparing for the worst case scenario.

* Keep your contract and all documents - Make sure it is a signed copy. The documents also include pay slips (demand them), schedules (photocopy each one), memos, and any piece of paper on your desk or on the board
* Make friends - That's just common sense. Don't be an ass. Don't insulate yourself with foreigners. Make Korean friends. You will need them if you have any trouble with the law, and the Korean friends (and foreigner friends) I have would do anything to help me.
* Don't do anything stupid - Don't give the boss anything to use against you in a case, like showing up to work drunk, yelling at kids, showing up late. In fact, try to go the year without taking any sick days. You are entitled to extra money if you do that. Really.

WHEN SOMETHING HAPPENS - Now that you've covered your butt, you need to cover it even more.

* Get a negotiator - Before you even go to the Labor Office, get a negotiator. The counselors at the Free Legal Counseling Center in Seocho (near Gangnam) could help you with that. The thing is, you need to get one before you file with the Labor Office. Otherwise, they won't be able to help you beyond giving advice. Negotiators are useful for informing employers of the law and suggesting they better pay up quickly before it gets too far.
* List and detail your grievances - Order everything you are owed. Think of every single thing. In negotiations, you can sacrifice a few things. After you've done that, figure out how you can give evidence for everything. That's where photocopying schedules and memos comes in handy.
* Get written testimonies - If a person can't be at the Labor Office with you, get a written testimony. Remember all those people you didn't piss off? That's where they come in. You will find who your real friends are, if anything. In Korea, all a person needs to do is sign and fingerprint his testimony. Outside of Korea, your friend needs to do whatever notarization is required in that country.
* Network to get a good reliable interpreter - There is no way you can do the Labor Office without an interpreter -- and a good one at that. Be prepared and willing to pay him. Also, it's an unfortunate truth that male interpreters give you more gravitas. Reliability is more important than anything, though. All the interpreters we had were thankfully very reliable.
* Study the Labor Standards Act - Find each and every little thing the employer violated. Also find each and every little thing you can't claim.
* Get records from government offices - With a Korean friend, go to the Tax Office, Pension Office, and the bank. Get records of the taxes and pensions paid in your name. If they haven't been paid, it's something else to sue the employer for. At the bank, get a statement detailing everything that's happened in your account since you started working for your employer. Highlight any activities involving the employer, like wages.
* Be firm with the Labor Office - Labor inspectors are rude to everyone. That's what one of the negotiators we talked to said. The guy we had was short on patience and took multitudes of smoke breaks. It's easy to get into the zone and let the Koreans argue the case. Likely, your interpreter will want to argue for you, which is okay. But do what you can to take control of the hearing. Demand to know everything that is being talked about. Point out errors in logic (that works very well). Also, be on time. If the employer is late, point it out.
* Keep It Simple, Stupid - Your employer will conjure smoke and mirrors to distract the inspector from the basics of the case. Keep your case simple, as in, "The contract shows I worked a full year. I deserve my severance." "The employer took money to pay for bills I never saw. I want to see those bills." Many things the employer will bring up, like being late for class or absent or approving money to be taken out for bills, needs to be proven by the employer. Remind the inspector that the employer has to prove everything he claims. The inspector is way overworked. Likely, he will show you the pile of cases he has to go through. Cases have to be closed within two months. If you keep things simple while your employer creates the overly complex plot to an Aaron Spelling series (one from the '90s), the inspector will likely choose your story.
* Thank everyone - Many people will go out of their way to help you. Thank them. When this is over, I want to throw a big party for everyone involved, including the labor inspector.

[wylies99]