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HAITAITIGERZ
Joined: 17 Jan 2007
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Posted: Mon Mar 05, 2007 1:01 am Post subject: ummm ... yeah what about an unfair 3 month firing???? |
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today, first day of the month ... i walk into my hagwon and got sent to the director's office ... sorry, but we have to let you go today ... i asked why and he said he didn't have enough money to pay me ... true he still owes me 900,000 from january plus a full month wage for february = 3.2 million due (3/2) past friday ... he said he'll pay me today (about to go to the atm to see if i got my money) ... but than he decided to deduct 600,00 won for airfare which he already gave me the first 2 months i was there because he didn't have to pay for the initial airfare to come to korea, only part of it because i didn't complete my year because he fired me today ... no partial year end bonus ... nothing ... so i am expecting around 2.85 million won ... i am annoyed because even though he paid me late i tried to sympathize and be patient and understanding, my director said i got paid too much anyway and the hagwon was doing bad so he had to let me go ... than he started rambling about what a bad teacher i was, about my bad teaching methods, being boring, etc ... this was news to me, first time i heard about this after working 2.5 months and he just let me go ... no one month warning, nothing ... what can i do? any penalty he has to pay because he fired me today considering i got no warnings or one month notice? i would like round trip airfare + 3 months out of 12 months (25%) of the year end bonus? is this plausable or am i greedy? this sucks because of his late payments, i owe so much to so many people and now jobless ... i have an f4 visa so i guess i don't have to leave the country but i cant even if i wanted to because i don't have enough for airfare ... ill find a job sooner or later but thinking about moving or being fired this way without notice really bums me out and i want him to suffer as much as i can so he doesnt do this to the next poor teacher who decides to work there ... HOW CAN HE THINK HE CAN PAY THE TEACHERS LATE AND FIRE HIM WITHOUT ANY PENALTIES? he must suffer or he is doomed to do this again to the next poor foreign teacher! the question is, CAN I MAKE HIM SUFFER? DO I HAVE A CASE? any help would be much appreciated! i feel like crap ... |
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ChuckECheese

Joined: 20 Jul 2006
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Posted: Mon Mar 05, 2007 1:37 am Post subject: |
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Dude, you're getting fucked majorly.
If he's firing you, your boss is responsible for the airfare, but not you.
Plus, you should get 30 days notice. If he's letting you go today, he must pay you additional 30 days on top of what he already owes you.
You should also get your partial severance pay too. Have I left out anything?
Go straight to the labor board. |
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HAITAITIGERZ
Joined: 17 Jan 2007
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Posted: Mon Mar 05, 2007 2:23 am Post subject: |
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thanks for the reply chuckee ... also, i gave my hagwon director my degree but gave it back to me a few days later ... i think he did nothing with it ... in fact, he never deducted any taxes ... im pretty sure he did nothing with it and didn't report it ... i asked him once after pay (which he only paid me on time once) but brushed it off ... i was gonna bring it up again later but i guess i cant now ... how will this affect the labor board's decision??? i do have a diploma though! and i heard you can pay taxes at the end of the year, which i figured would happen ... so many things wrong with the hagwon, I SHOULD HAVE READ THE SIGNS AND LEFT QUICK! AHHHHH BABO!!!! |
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ChuckECheese

Joined: 20 Jul 2006
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Posted: Mon Mar 05, 2007 2:45 am Post subject: |
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If you signed a labor contract with them, your boss would be responsible for deducting taxes, medical insurance, & pension. If your boss haven't deducted those thing or failed to pay into them, you have an option to report them to the respective offices (tax, health insurance, pension).
You should file a complaint at the labor board and get all your $$ first. |
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HAITAITIGERZ
Joined: 17 Jan 2007
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Posted: Mon Mar 05, 2007 3:27 am Post subject: |
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so what your saying is that the diploma & tax problem is a seperate issue regarding my unfair firing ??? My firing would be disputed at the labor board regardless of the diploma and tax problem ... ahhhh .... well that's convenient ... thanks !! ill have to call the labor board tomorrow and see what happens ... dial 1350 ext. 7 or something like that ... wish i had a better contract ... my mom and pop shop of a hagwon hand-wrote it down on a piece of construction paper, but i got a signature and a date ... sigh* this place is so ghetto and im such a babo ... now i wonder if the labor board will accept this crappy contract! |
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sheba
Joined: 16 May 2005 Location: Here there and everywhere!
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Posted: Mon Mar 05, 2007 3:50 am Post subject: |
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Mna thats a sucky situation....!!
As far as I know you only get severance upon completing a year contract. (You get paid out for every month after your initial year too.) |
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plokiju

Joined: 15 Mar 2005
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Posted: Mon Mar 05, 2007 4:31 am Post subject: |
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If you've only been working there for 3 months, you aren't entitled to 30 days notice. It sucks but it happened to meet at the 5 month mark. You get that right after 6 months. The labour will help you get the money he already owes you though.
I'm not sure about the deduction he took out for airfare. I was a bit confused by your explanation. If he flew you over then he can't take the deduction but I don't know how it works if he just gave you an equal amount of money instead. I know he doesn't owe you any severance pay or round-trip airfare.
I know you can file paperwork with the labour board for unfair dismissal but I think financial difficulties might be a legitimate reason for letting you go. I'm not sure but I think under 3 months they may even be able to fire you for any reason. I hope I'm wrong about that though. Call the labour board. |
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the eye

Joined: 29 Jan 2004
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Posted: Mon Mar 05, 2007 5:23 am Post subject: |
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plokiju wrote: |
If you've only been working there for 3 months, you aren't entitled to 30 days notice. It sucks but it happened to meet at the 5 month mark. You get that right after 6 months. The labour will help you get the money he already owes you though.
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^This part is correct.^
Also correct:you are not entitled to ANY severance.
Regarding airfare, you are stuck with it unless it states otherwise in your contract.
Regarding illegal dismissal, bankruptcy is not illegal grounds for dismissal.
Regarding back pay, the labor board will help you, but they can't ENFORCE payment. You wil probably have to file in small claims court. Even then, if the school is bankrupt, you won't be first in line to get what's due.
Sorry to hear about your situation. |
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HAITAITIGERZ
Joined: 17 Jan 2007
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Posted: Mon Mar 05, 2007 5:54 am Post subject: |
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- working for 3 months, im not entitled to a 30 days notice?
- IN THE CONTRACT: the first 2 months i was entitled to 300,000 a month and the last 2 months i was entitled to another 300,000 a month totaling 1.2 million for the airfare
while i worked for 3 months i recieved 600,000 for the first half of the airfare but upon firing me today, he decided to take back 600,000 from my last paycheck ...
- no partial severance pay at all for the 3 months i worked and randomly firing me
basically, im screwed and can do nothing about this ... just nickels and dime at the most ... damn it! the injustice of it all ... |
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Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
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Posted: Mon Mar 05, 2007 6:17 am Post subject: |
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plokiju wrote: |
If you've only been working there for 3 months, you aren't entitled to 30 days notice. |
True. I'm not sure if Labor will even help in this case. AFAIK, 3 months is not enough to be covered by the Labor Standards Act.
ChuckECheese wrote: |
You should also get your partial severance pay too. |
No, he shouldn't. Partial (pro-rated) severence is only possible if you work for more than complete year, but less than 2 complete years, but even then only if the boss decides to be nice to you. There's no obligation on his part in any case to pro-rate it. |
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plokiju

Joined: 15 Mar 2005
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Posted: Mon Mar 05, 2007 6:24 am Post subject: |
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If notice is mentioned in your contract you might be able to do something about that. I don't think it's likely though.
I don't know about the airfare. A labour inspector may be the one to decide. Worth trying to get back for sure.
No partial severance and nothing for being fired randomly. You could try to get some pension money since he was required by law to pay it. Go there and file a complaint showing some kind of proof you worked there and proof of payment. I only took my bank book, contract, ARC, and passport. It won't be a lot since you were only there for 3 months but might as well try to get it.
The same thing happened to me back in October. No notice, no pay, and an eviction. I didn't get my last paycheque and am in the process of going to court for it. I was evicted since my boss owned the apartment. It could be worse but hagwon owners (not all) I think rank among some of the worst scum of the earth.
I've been through the stages of the labour board and will have to go to court to have their ruling enforced. If you need to know anything else let me know. |
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the eye

Joined: 29 Jan 2004
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Posted: Mon Mar 05, 2007 6:24 am Post subject: |
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Young FRANKenstein wrote: |
Partial (pro-rated) severence is only possible if you work for more than complete year, but less than 2 complete years. |
No.
Prorated severance is NEVER provided under labor law, for e2 holders, unless it's written in your contract. |
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mack4289

Joined: 06 Dec 2006
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Posted: Mon Mar 05, 2007 7:16 am Post subject: |
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Sorry I don't have any legal advice, but you should be sure to post the name of the school and the name of the director whenever you can. Spare any other foreigners the same experience. That's terrible what happened. |
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Jellypah

Joined: 27 Oct 2004 Location: ROK
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Posted: Mon Mar 05, 2007 7:48 am Post subject: |
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the eye wrote: |
Young FRANKenstein wrote: |
Partial (pro-rated) severence is only possible if you work for more than complete year, but less than 2 complete years. |
No.
Prorated severance is NEVER provided under labor law, for e2 holders, unless it's written in your contract. |
Are you sure?
From http://www.parkenglish.com/bbs/bbs_view.php?bbsID=Information&num=57
In effect, the school is paying you 13 months salary for 12 months of work- having an extra paycheck in your pocket to put towards your student loans (or a massage in Thailand) certainly isn�t a bad thing. Periods beyond one year of employment, are pro-rated. Eighteen months employment = a bonus of 1.5 x monthly salary. No severance payment is required for periods of employment less than one year. |
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Roch
Joined: 24 Apr 2003 Location: Seoul
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Posted: Mon Mar 05, 2007 2:06 pm Post subject: |
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HAITAITIGERZ wrote: |
thanks for the reply chuckee ... also, i gave my hagwon director my degree but gave it back to me a few days later ... i think he did nothing with it ... in fact, he never deducted any taxes ... im pretty sure he did nothing with it and didn't report it ... i asked him once after pay (which he only paid me on time once) but brushed it off ... i was gonna bring it up again later but i guess i cant now ... how will this affect the labor board's decision??? i do have a diploma though! and i heard you can pay taxes at the end of the year, which i figured would happen ... so many things wrong with the hagwon, I SHOULD HAVE READ THE SIGNS AND LEFT QUICK! AHHHHH BABO!!!! |
What is the location and name of the school? |
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