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moosehead
Joined: 05 May 2007
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 Posted: Sun Jun 03, 2007 8:31 pm Post subject: if i am fired... |
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ok, if worse comes to worst - anyone know what the deal is now if one is fired? used to you could go to work somewhere else right away, that quitting was the thing to avoid
i'm hoping it doesn't happen but i'm being constantly berated and abused (verbally) by our director who is, in a couple of words, an incompetent bully.
even tho i've got students and parents on my side, i stand up to him and apparently he can't tolerate that so he keeps picking fights w/me trying to egg me on.
there will be a meeting tomorrow w/me, him and what constitutes as a v.princp (private elem school) - but i'm going to tell them he's got to back off or else they need to fire me because i'm not going to take his sh__t lying down.
i love my job except for him. it's so unfortunate, really but enough is enough. this sucks. if i'd wanted to be abused, i'd have chosen a school where i was working for a ---- never mind you get the picture
HELP!!!!
moosehead |
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Ozabout7or8
Joined: 04 May 2007
Location: NZ
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| Posted: Sun Jun 03, 2007 8:37 pm Post subject: |
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You need to get a letter of release (LOR) which he is legally obliged to give you and then you are able to work at another place. If you can get a place lined up immediately the event ever happened, then forced the issue on the LOR, then you could start working somewhere else no worries.
The reason you need the LOR is because your working E2 Visa needs to be changed to your new employer. Visit or call your local immigration office regarding this and they will be able to give you more guidance.
Some people have problems getting their LOR from angry ex-bosses but if you had a stern word with the local immigration office that that is all that is needed to enable your new employer to hire you then they may be able to help.
Out of interest if you are already worried, then you might find it is easier to find employment whilst currently employed because if you got fired then other employers might run a mile, no? |
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moosehead
Joined: 05 May 2007
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| Posted: Sun Jun 03, 2007 8:43 pm Post subject: |
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| Ozabout7or8 wrote: |
| Out of interest if you are already worried, then you might find it is easier to find employment whilst currently employed because if you got fired then other employers might run a mile, no? |
thanks for such a fast response - i've gotten LORs before when a school closed, and once when i wanted to take a better job, and the hakwon i was at was just a really cool place, they were happy for me (we are still good friends).
however, i really don't understand your last statement - please can you clarify what you mean?
again, thanks. if the s---t hits the fan i'll keep focused on the LOR
sigh...oh well...
mooeshead |
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garykasparov
Joined: 27 May 2007
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| Posted: Sun Jun 03, 2007 8:52 pm Post subject: Re: if i am fired... |
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| moosehead wrote: |
ok, if worse comes to worst - anyone know what the deal is now if one is fired? used to you could go to work somewhere else right away, that quitting was the thing to avoid
i'm hoping it doesn't happen but i'm being constantly berated and abused (verbally) by our director who is, in a couple of words, an incompetent bully.
even tho i've got students and parents on my side, i stand up to him and apparently he can't tolerate that so he keeps picking fights w/me trying to egg me on.
there will be a meeting tomorrow w/me, him and what constitutes as a v.princp (private elem school) - but i'm going to tell them he's got to back off or else they need to fire me because i'm not going to take his sh__t lying down.
i love my job except for him. it's so unfortunate, really but enough is enough. this sucks. if i'd wanted to be abused, i'd have chosen a school where i was working for a ---- never mind you get the picture
HELP!!!!
moosehead |
Article 30 (Restriction on Dismissal, etc.)
(1) An employer shall not dismiss, lay off, suspend, transfer a worker, or reduce wages, or take other punitive measures against a worker without justifiable reason.
(2) An employer shall not dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter; nor shall any female worker before and after childbirth be dismissed during a period of temporary interruption of work as provided herein and within 30 days thereafter; however, if an employer has paid the lump sum compensation due under Article 87 hereof or is not able to continue his business, this shall not apply.
Article 31 (Restriction on Dismissal for Managerial Reasons)
(1) If an employer wants to dismiss a worker for managerial reasons, there shall be urgent managerial needs. In such cases as transfer, acquisition and merger of business which are aimed to avoid financial difficulties, it shall be deemed that there is an urgent managerial need.
(2) In the case of paragraph (1), an employer shall make every effort to avoid dismissal of workers and shall select workers to be dismissed by establishing rational and fair standards of dismissal. In such cases, there shall be no discrimination on the ground of gender.
(3) With regard to the possible methods for avoiding dismissal and the criteria for dismissal as referred to in paragraph (2), an employer shall give a notice 60 days prior to dismissal day to a trade union which is formed by the consent of the majority of all workers in the business or workplace concerned(or to a person representing the majority of all workers if such trade union does not exist, hereinafter referred to as a �workers� representative�) and have sincere consultation.
(4) When an employer intends to dismiss more than a certain number of workers which is defined by the Presidential Decree under the conditions as referred to in paragraph (1), he/she shall report it to the Minister of Labor as determined by the Presidential Decree.
(5) In cases where an employer has dismissed workers in accordance with the requirements as stipulated in paragraphs (1) to (3), it shall be deemed that the dismissal concerned is made based on the justifiable reasons in accordance with paragraph
Article 32 (Advance Notice of Dismissal)
(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose.
Article 35 (Exception of Advance Notice of Dismissal)
The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:
1. a worker who has been employed on a daily basis for less than three consecutive months;
2. a worker who has been employed for a fixed period not exceeding two months;
3. a worker who has been employed as a monthly-paid worker for less than six months ;
4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and
5. a worker in a probationary period
http://english.molab.go.kr/
Letter of Consent to Release Foreign English Teacher
Name of Teacher: _____________________________
Nationality: __________________________________
Passport No.: ________________________________
Address: ____________________________________
Telephone No.: _______________________________
The above-person has been working at NAME OF SCHOOL from __/__/__ to __/__/__ in the position of Foreign English teacher. I, DIRECTOR, hereby consent to YOUR FIRST AND LAST NAME working for another English school or English academy.
Dated: ___/___/___
Name of English Academy: _____________________
Address of School ___________________________
_______________________________
Representative
/SEAL/
Last edited by garykasparov on Mon Jun 04, 2007 3:46 am; edited 8 times in total |
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The_Conservative
Joined: 15 Mar 2007
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| Posted: Sun Jun 03, 2007 8:58 pm Post subject: |
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| Ozabout7or8 wrote: |
| You need to get a letter of release (LOR) which he is legally obliged to give you ? |
NO. We have been through this several times already. The owner has NO legal obligation to give you a LOR under any circumstances (EXCEPTING if it is provided for in the contract). |
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Ozabout7or8
Joined: 04 May 2007
Location: NZ
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| Posted: Sun Jun 03, 2007 9:00 pm Post subject: |
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| The_Conservative wrote: |
| Ozabout7or8 wrote: |
| You need to get a letter of release (LOR) which he is legally obliged to give you ? |
NO. We have been through this several times already. The owner has NO legal obligation to give you a LOR under any circumstances (EXCEPTING if it is provided for in the contract). |
I stand corrected. OP then it is imperitive you leave on as good 'a terms as a possible then. |
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Ozabout7or8
Joined: 04 May 2007
Location: NZ
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| Posted: Sun Jun 03, 2007 9:03 pm Post subject: |
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| moosehead wrote: |
| Ozabout7or8 wrote: |
| Out of interest if you are already worried, then you might find it is easier to find employment whilst currently employed because if you got fired then other employers might run a mile, no? |
thanks for such a fast response - i've gotten LORs before when a school closed, and once when i wanted to take a better job, and the hakwon i was at was just a really cool place, they were happy for me (we are still good friends).
however, i really don't understand your last statement - please can you clarify what you mean?
again, thanks. if the s---t hits the fan i'll keep focused on the LOR
sigh...oh well...
mooeshead |
I simply meant the same as in every country that it is easier to find employment whilst currently employed - it ups your desirability measure somewhat.
Your best course of action if you are really sure they might stiff you on the LOR is to offer to resign in return for an LOR so that you can save your own hide.
The worst case scenario, with no LOR, is that you cannot work in Korea again until it expires after the one-year period. Might in that case be a chance for a holiday? |
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formerflautist
Joined: 30 May 2006
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| Posted: Sun Jun 03, 2007 9:08 pm Post subject: |
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| The do have to give you thirty days notice or thirty days pay in lieu of the notice. But I believe it depends on how long you have been there. I had no problem finding a much better job and I was honest about why I was fired. I know it's stressful but you will find another job even if you are fired so stop worrying and start preparing your resume. |
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Thumbnail Postermonkey
Joined: 24 Jul 2006
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| Posted: Sun Jun 03, 2007 9:43 pm Post subject: |
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If you happen to get fired, remember:
1) Don't get angry or defensive. They freak out when you smile, shake their hand and thank them.
2) Find out how and when you'll be paid for the time you've worked up to and including to the point in time they can you. Check your contract for a sense of how they're going to handle that.
3) GO WITH A HAGWON EMPLOYEE TO IMMIGRATION and be there IN PERSON when the visa is cancelled. Bring your passport and your ARC. Make sure that nothing is said about you by the hagwon lackey that would be damaging yet erroneous, causing you a bit of problem when you go and get another visa later on.
Immigration does their magic with the paper and gives you a 15 day exit order. That order gives you 15 days to get outta here. In the meantime, you have that time to get another job and hopefully score another E-2. NO LOR REQUIRED. It's that easy and I've done it 2 times in the last 7 years.
Hang in there, and don't let the kimchimongers grind you down. |
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Yu_Bum_suk
Joined: 25 Dec 2004
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| Posted: Sun Jun 03, 2007 9:58 pm Post subject: |
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| The_Conservative wrote: |
| Ozabout7or8 wrote: |
| You need to get a letter of release (LOR) which he is legally obliged to give you ? |
NO. We have been through this several times already. The owner has NO legal obligation to give you a LOR under any circumstances (EXCEPTING if it is provided for in the contract). |
Actually I believe that if he is terminating the contract he must. Until he does this you're still his responsibility. |
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willneverteachagain
Joined: 17 Dec 2006
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| Posted: Sun Jun 03, 2007 10:45 pm Post subject: |
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well we havent been through this enough it seems.
if you are fired u DO NOT NEED A LOR TO GET ANTOHER JOB.
smile, shake his hand and tell him to *beep* off and walk out the door
would u put up with a boss like this at home? no?
then why here? |
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willneverteachagain
Joined: 17 Dec 2006
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| Posted: Sun Jun 03, 2007 10:47 pm Post subject: |
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| Quote: |
| An employer shall not dismiss, lay off, suspend, transfer a worker, or reduce wages, or take other punitive measures against a worker without justifiable reason |
it was pointless to post this garbage since we all know that
#1 koreans dont follow this
and
#2 koreans will make up ANY reason to fire u and say it's justifiable |
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garykasparov
Joined: 27 May 2007
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moosehead
Joined: 05 May 2007
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| Posted: Mon Jun 04, 2007 2:30 pm Post subject: |
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wow thanks everyone for your replies;
it's so stressful - haven't done this bit while here - have been here a few years and experienced virtually every other unfortunate incident tho
fyi, my director is a westerner - i get along well w/the k staff - but he's a total jerk - like i said, a bully - i have great rapport w/parents, students, etc. but he can't stand that - is pushing like hell -
i never could kiss anyone's ass and i'll be d___d if i'll start now...
the meeting's this morning, yes, i won't be on the defensive because i've done nothing wrong, will see what happens and will post as soon as i get time...
thanks again
moosehead |
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The_Conservative
Joined: 15 Mar 2007
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| Posted: Mon Jun 04, 2007 4:19 pm Post subject: |
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| Yu_Bum_suk wrote: |
| The_Conservative wrote: |
| Ozabout7or8 wrote: |
| You need to get a letter of release (LOR) which he is legally obliged to give you ? |
NO. We have been through this several times already. The owner has NO legal obligation to give you a LOR under any circumstances (EXCEPTING if it is provided for in the contract). |
Actually I believe that if he is terminating the contract he must. Until he does this you're still his responsibility. |
Nope. There is no provision for it in the labor law. Legally there is no obligation. Now if it is written in the contract that may be another story...although if the director is violating the contract I don't know what would stop him from violating that part as well.
Check out the link to efl-law. They too agree with what I said. |
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