Korean Job Discussion Forums

[semphoon]

Hello there,

My friend has been fired by his hagwon. The reason? The hagwon expected more kids to join than actually did. His firing is not a reflection on his teaching ability. He has his visa and arc card and has worked there for 3 1/2 months.

In his contract, it states that 60 days notice must be given if either party wants to leave the contract. However his won jang nim has said "the contract doesnt matter, you will leave the job by the end of this month."

The won jang is helping him to find a job, but my friend doesnt want to leave.

Any idea of the legal situation? Can the Labor Board help? How?

Many thanks,

Colin Guussus

[rhinocharge64]

Of course the Labour board can help. Go there and explain the situation. the contract counts for something... even in Korea!!

[xCustomx]

Even though your friend wants to continue working there, why would he want to work for someone who doesn't want him? He should find another job where someone actually values his teaching ability

[sconner]

The labor board can help, he can get a judgement, but getting paid is another thing. Your friend could probably find a better job than he has since he's in country. If business is bad he should be worried about the school folding later on and losing airfare and severance. More details would be helpful. Getting a job through his boss who is screwing him is probably not a good idea, could lead to another screwing down the road.

[ED209]

Labor law states 30 days notice or 30 days pay with out notice.

[cbclark4]

Just get the LoR, and move on.

Use the labor board, etc.

Plenty of Jobs available.

cbc

[garykasparov]

Labor Standards Act

http://english.molab.go.kr/download/_20051220144304549.pdf

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.

(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 (1) of Article 30.

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 33 (Application for Remedy for Unfair Dismissal, etc.)

(1) If a worker is dismissed, laid off, suspended, transferred, or subject to other punitive actions or has his salary reduced by an employer without justifiable reason, the worker may request a remedy for it to the Labor Relations Commission.

(2) In relation to the procedures of the application for remedy and investigation, the provisions of Articles 82 to 86 of the Trade Union and Labor Relations Adjustment Act shall be applied mutatis mutandis, except for paragraph (5) of Article 85.

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

[garykasparov]

[ttompatz]