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Darkness
Joined: 12 Oct 2006
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Posted: Tue Jul 31, 2007 2:00 am Post subject: Fired from Job without Reason! |
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Well
today, they decided to tell me I no longer work at the school and I have 2
weeks to leave the apt. They tell me this the day after they take me to the
hospital for my knee, with no health insurance and make me pay for it (also I have not been paying into pension), and a
day before I leave for Vietnam for 11 days. They gave me back my diploma,
and said they will cancel my visa. I know they are not legally allowed to do
this, as it states in my contract they must give me 30days written notice if
they are to fire me with reason which they also failed to do. Is there something I
can/should do from Vietnam to start the legal battle that I am about to
presue.
Any advice would be helpful!! |
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xtchr
Joined: 23 Nov 2004
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Posted: Tue Jul 31, 2007 2:02 am Post subject: |
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Don't know any other steps to take other than contacting the Labour Board, phone 1350, ext 7 for an English speaker.
Best wishes with your situation. |
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Darkness
Joined: 12 Oct 2006
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Posted: Tue Jul 31, 2007 2:08 am Post subject: |
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What can I expect? I figure they owe me for a months pay, and I should be able to get what should have been paid into my pension already... |
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Richard Krainium
Joined: 12 Jan 2006
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Posted: Tue Jul 31, 2007 2:09 am Post subject: |
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How long have you been working there? |
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cdninkorea

Joined: 27 Jan 2006 Location: Seoul
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Posted: Tue Jul 31, 2007 2:10 am Post subject: |
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From what I understand, if you report them for not enrolling you in medical insurance, pension, and to the Labor Board for firing you without adequate notice, they are in big trouble. But don't take my word for it: call the Labor Board and get their input. |
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spliff

Joined: 19 Jan 2004 Location: Khon Kaen, Thailand
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Posted: Tue Jul 31, 2007 2:50 am Post subject: |
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^ Do th e above...their tune will change. Ya see, they're counting on you not to do so. Probably, should cancel your trip as well...unless that's more important. |
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xCustomx

Joined: 06 Jan 2006
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Posted: Tue Jul 31, 2007 3:13 am Post subject: |
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Darkness wrote: |
What can I expect? I figure they owe me for a months pay, and I should be able to get what should have been paid into my pension already... |
You won't get any pension unless you have contributed. You will probably have to backpay for the the months that you did not pay anything. Good luck |
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spliff

Joined: 19 Jan 2004 Location: Khon Kaen, Thailand
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Posted: Tue Jul 31, 2007 3:21 am Post subject: |
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Back pay away...for every buck you pay you'll get two back, not to mention, piss your boss off  |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Tue Jul 31, 2007 3:25 am Post subject: |
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OP- Guard your documents and possessions. Get everything IN WRITING. They can't just tell you you are fired. It MUST be in writing, otherwise you are NOT fired. Guard that document. Try to get a letter of release from those dirtbags, too. That will help you later.
You will need to then file at Labor. Simply talking to Labor will do no good. It's easy to file at Labor, but you ned the help of someone who reads and speaks Korean. All of the forms are in Korean and need to be completed in Korean.
Then, go to Immigration RIGHT AWAY, because Korean hogwan owners/directors are very good at going to Immigration and making up BS stories about "bad teachers" running away. Go to Immigration and show them what you filed at Labor and ask them to put your Visa status on hold until your Labor case is resolved.
Then, you can go to Pension and Health Insurance with your contract and payslips, and show them that you have been working and not getting your pension and health insurance benefits.
All of this will make for a long day or two, but you will be in good legal shape. |
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boyne11

Joined: 08 Jul 2007
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Posted: Tue Jul 31, 2007 3:29 am Post subject: |
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1. Contact the labor board ASAP and file complaint. If you been working there for over 6 months, he must give your 30 days notice or pay your the money.
2. Posphone your trip.
3. Visit the nearest pension office and file a compaint. You'll pay 4.5% of your total earning and the pension office will collect (enforce) other half 4.5% from your boss. When you file a complaint with pension, your boss has no choice in the matter, he must pay. You can claim the entire 9.0% when you leave the country at any time.
4. If your medical bill was significantly high, also file complaint with NHIC, you'll end up paying 2.3% of your total earning and they will coleect other half from your boss. You'll end up filing for refund of your medical bill. However, if your medical bill wasn't that significant, don't bother.
5. Negotiate for an LOR by threathening your boss that you'll also report him to the tax office, but do it nicely with big grin.
6. Go to immigration and show them the proof of your labor complaint for wrongful firing so that your boss can't cancel your visa. |
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kermo

Joined: 01 Sep 2004 Location: Eating eggs, with a comb, out of a shoe.
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Posted: Tue Jul 31, 2007 4:48 am Post subject: |
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boyne11 wrote: |
3. Visit the nearest pension office and file a compaint. You'll pay 4.5% of your total earning and the pension office will collect (enforce) other half 4.5% from your boss. When you file a complaint with pension, your boss has no choice in the matter, he must pay. You can claim the entire 9.0% when you leave the country at any time.
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Some countries (like Canada) have a reciprocal agreement, whereas other countries (like New Zealand) don't, and so they don't get their pensions back. I'll bet someone else around here has the list of which countries have the agreement. |
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icekool
Joined: 19 Jan 2007
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Posted: Tue Jul 31, 2007 6:32 pm Post subject: |
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Went to Labor Commission at Jeonju and filed suit, against shithouse, the document was in English. It's a special form and it states for foreigners. |
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Big Mac
Joined: 17 Sep 2005
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Posted: Wed Aug 01, 2007 10:10 pm Post subject: |
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Wow...you live in Jeonju?? I know someone else who lives there who was just fired on Friday with no explanation the day before going on a week-long vacation. Is this some sort of trick they pull there in Jeonju? She's been given three weeks to get out of town. |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Wed Aug 01, 2007 10:13 pm Post subject: |
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Might be a local trend. Betcha both hogwans are in the Hogwan Association and learned that "firing teachers" trick at their last meeting. That's no joke.
OP- You will get a hearing date from Labor. PROTECT YOUR DOCUMENTS! |
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Darkness
Joined: 12 Oct 2006
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Posted: Fri Aug 03, 2007 1:55 am Post subject: |
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I'm already in Vietnam and have been for a week.
I will get it in writing that they fired me, they said they would cancel my visa for me, but I wont let them cancel it without a LOR. I have worked at this Crapwon for 8 months 3 weeks.
I'm worried they are going to tell Immi I ran away, when I'm on vacation already. This is such BULLSHAT!!
So when I get back into Korea, I will ask for my LOR, and I am suppose to get paid on the 14th of every month, should I ask for my money or wait? Get my LOR, then tell them I want the month I just works pay, plus my 30 days I was ABOUT to work, plus my pension (how much should it be if I get paid 2.2mil, I'm from Canada and will get my pension back, I dont care if I have to pay into it to get it back or not).
Ok so monday I walk into the hogwon tell them I want the firing in writing, what if they refuse? After I have my LOR, I will tell them how much money I want or I go to the labor board, and pension office. F the medical bill it was only W50,000.
Any other tips guys/gals? Thanks for all the help btw.... |
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