Korean Job Discussion Forums

[Adventurer]

I am going to Daejeon's Labour Board hearing. I did not get my last pay. Which adds up to 2.1 million won. I am also going to ask for 5 paid holidays, that I did not receive. Can I also ask for damages for a missed day of work at my new job to appear, costs for going back and forth, because she did not give me a release letter and days of lost income. I am asking a total of 3.1 million which includes salary, contractual holidays, costs of dealing of going back and forth, and days of missed work. I am bringing with me evidence (an e-mail) from a former recruiter which shows she was trying to extort money from someone in exchange for giving me my pay or release letter, my bank book which shows that for four months she did not pay for my health insurance and pension (which would show her dishonesty), and she never paid my taxes. I will also have a letter from an ex-colleague and a Canadian friend who heard all my complaints and used to work under her before me, and he was paid health benefits and insurance before when she bought the company from a corporation, so it means she knew the law.
Is that more than enough evidence besides the date when my visa finally got extended with the help of immigration with the date being shown on my passport. What about the amount I am asking? I lost two weeks of potential work. By the way, she never signed my contract. I got a copy of the contract immigration had.

[plokiju]

Hey,
I had a labour board meeting about a month ago. I think you have all the evidence you need. They won't be able to charge her for anything that isn't part of your wages. I don't think you'll be able to get anything for missed working days or travel expenses. You can always try though.

Holidays I don't think they can do anything about. I could be wrong. They will say that you agreed to work them. I had the same problem with Saturdays. They were never in my contract and I worked them to keep office harmony or something and then demanded to be paid extra for them. They agreed and then never paid. The labour inspector couldn't do anything about it since it was just a verbal agreement and my boss lied anyways. I doubt you'll get anything but you can try.

I'm not sure how your bank book will show that she didn't pay health insurance or pension. If it wasn't deducted and you received that money then the labour board is powerless. They can't do anything about pension or taxes. You'll have to pay a visit to the pension board to get anything done about that.

My only evidence was my bank book which showed I wasn't paid my last month's wages. That seemed to be fine. My boss though brought all his papers and the numbers were the same. I think the onus is on her to show the labour inspector everything she has as far as payments and deductions but I could be wrong. She will try to bring everything she has to show that she has payed you so she doesn't look bad.

I don't know how much you'll get and if you have no evidence of agreements then you might get nothing. Try for everything you can though. Bring your contract and bank book and hopefully that will be enough. They don't seem to care about dishonesty, they will just try to get you your unpaid wages.

I hope you have a translator going with you. I know my inspector didn't speak much English, a different city though. Good luck!

[wylies99]

If you have all of the documentation AND a Korean translation of it, then you are set. Good luck and BURY them.

[huffdaddy]

[Adventurer]

Should I threaten to take this to the Korean courts if the Labour Board or ex-employer is trying to get me settle to just my salary when I've had losses in terms of holiday pay, time going to and from Daejeon, days of not having a release letter barring me from working for some days etc...
It just doesn't seem right? I appreciate your feedback.

[ttompatz]

[wylies99]

Also, don't get angry or act in a disrespectful manner- and don't smile, either. Be all about business, and keep your cool.

[Adventurer]

[wylies99]

It won't take very long- just be well-organized and you'll get through it very quickly.

Also, BE EARLY. Not on time- EARLY.

[Young FRANKenstein]

[hellofaniceguy]

Here's an idea....a good one....but getting the hakwon owner to go along with it is another thing.....a decent hakwon owner would agree.....a bad one won't; have a seperate account held in trust by a bank or lawyer with severence pay, airfare, etc...deposited at the start of the contract. When the teacher completes the contract....funds are released. If no completion....hakwon retains the funds. The funds held in trust can not be returned to the school unless the teachers bails. Many schools fold it seems in the 11th month...teacher would still get the money.
Far too many teachers do complete the contract and are still screwed over.

[wylies99]

The labor hearing is not as formal as many believe. The Labor rep sits behind a counter and gathers information. It can be over rather quickly- so bring everything you want to present, along with Korean translations- and have everything ready to go. Also, type up something that explains your case, and have a Korean translation.

[wylies99]

Don't listen to people unless they've been through this. When something is this important, guessing won't help.

[wylies99]

OP- know what's "funny"? MANY posters on this site claim to be "experts" on everything, but when someone needs GENUINE advice and info from those who have shown the cajones to actually stand up to their bosses and fight back through the Korean legal system, well, VERY few posters can honestly respond.

[Adventurer]