HELP! My school is trying to take my severance/flight money!

Hey,

Long story short I was threated to be fired in May (4 months ago). But they didn't fire me and I kept working until now (august). Now I'm tryin to get my airfare and my severance and my boss said that I was officially fired in May so I can't get my airfare or my severance. 

 

I need to figure out who to call adn what to do. I''m tryign to call the labor board tomorrow and I've heard I should also call immigration. But can anyone give me any other tips or help or ideas? I can't have really been fired in May as I was never told that, I kept working, and I imagine it would be illegal for them to have fired me and kept me on staff anyways? Is it possible I can lose this battle?

 

Anyways any tips/info/insight is dearly appreciated I'm supposed to finish my contract in 8 days!

Re: HELP! My school is trying to take my severance/flight money!

Contact the Global Call Center.. they have a volunteer labor lawyer there every Monday from 2 to 3:30. The GCC will give you lots of help solving your problem, and will translate for you.

From our Busan Call Center (Busan Foundation for International Activities, BFIA)
 
----- Original message -----
From: Amy Cho <[email protected]>
 

Hello,

 
 e-People - allows just about anyone to file an on-line petition and routes it to the applicable agency. I found it easier to use because I could avoid office visits and it took just minutes to file an on-line application.
 
 
Once you file the petition, they'll send it to the Min of Ed or other appropriate department. 
 
One more option for you, if you think this is unfair dismissal, you can claim this to the Busan Labor Relations Commission. To file your petition to this department, you need to visit the office and file the report in Korean.
 
To see the location of the Busan Labor Relations Commission, please click http://me2.do/xobemOZ.
 
Have a great day.
 
Sincerely
Amy Cho.
 

----------------------- ALSO............ locally
 
 
-- 
Amy Cho / Phone counseling center staff 
International Assistance Team 
Busan Global Center (BFIA) 
13F National Pension Service Bidg. 
1992 Jungang-ro, Yeonje-gu, Busan 
611-705, Rep. of Korea 

T :(+82-51)668-7921 / F :(+82-51)668-7926 
E : [email protected]/ [email protected]
W : www.bfia.or.kr

Re: HELP! My school is trying to take my severance/flight money!

Hello sorry to hear of this guy . If you were working how could he have fired you 4 months before . I think you need to sue this guy . He needs to be taught a lesson . Perhaps have his hangwon taken away . No  excuses why such a evil person could run a business . Keep up your gloves and dont let him screw you . Take him to the legal woodshed.  

Re: HELP! My school is trying to take my severance/flight money!

Try not to worry - severance pay is dependent upon your visa, not words about earlier dismissals. By that I mean if you were dismissed, the visa has to be cancelled and you leave. The employer here risks big trouble if he says he dismissed you but did not file papers with immigration to that effect.

The Labor Office here simply look at visas and the severance is simple - been here 2 years, you get 2 months pay and it is the final pay cheque rate, not the rate when you started (if lower).

It appears though you have met one of these nasty people who presume you won't be up for a fight as it is hard to do so in a foreign country. The Labor Office will call for you and remind the man of his duty and you will win any dispute. But they are a bit softly-softly and won't do much else.

I agree it is best now to scare the man back and pay for a lawyer to send him a strong letter.

Re: HELP! My school is trying to take my severance/flight money!

Also, let us know which recruiter you used, the name of the school and location. Have you contacted them?

It would be helpful for other's to know which recruiters do not follow up on these things and don't do background checks on schools before placing teachers there.

Good luck to you. As far as I know, you have immigration and the labor board on your side...but you have to be persistent. These things can take time and 8 days may not be enough.

Re: HELP! My school is trying to take my severance/flight money!

A lot of bad advice here I think.

You need to call the Ministry of Labor counselling service and they will tell you what the law is and make a call to your employer if the employer is in breach of it.  In most situations this is enough to set things right.

Here is there website and you can see the Labor Law Counselling phone number on the left hand side at the bottom of the column.

http://www.moel.go.kr/english/main.jsp

Re: HELP! My school is trying to take my severance/flight money!

 

Re: HELP! My school is trying to take my severance/flight money!

A lot of bad advice here I think.

You need to call the Ministry of Labor counselling service and they will tell you what the law is and make a call to your employer if the employer is in breach of it.  In most situations this is enough to set things right.

Here is there website and you can see the Labor Law Counselling phone number on the left hand side at the bottom of the column.

http://www.moel.go.kr/english/main.jsp

 

That is what he is being advised to do in posts above. If you are going to say he has been badly advised, you owe it to the OP and those trying to help to be specific about what he should be wary of.

Indeed, as another poster has said (and you, to be fair)  the Labor Office above will help, yes - but they have no ultimate power, so that is something to know if you are pushed for time and need this sorted quickly.

 

Re: HELP! My school is trying to take my severance/flight money!

Did you actually receive a notice of termination of employment? (or some kind of warning letter).

Does your boss want you to stop working immediately, or work till the end of the date of the contract? If so, work till the end of the contract and ask him politely for your severance pay, and flight home. If he still insists that he doesn't owe you anything, contact the labor office. Don't suddenly decide to stop working, keep going to school!

Also, it might be worth checking to see if he's been paying your taxes, insurance, and pension because if he hasn't, then he's gonna get into trouble for that.

When does your visa expire? I believe it should be 13 months so you have an extra month to sort out your affairs.

Re: HELP! My school is trying to take my severance/flight money!

I wonder did you get this job from an agent ?   If so did you call the agent ? Is the agent helping you ?    Is this a big school ? Chain school ? mom and pop school ?        I would not go public with the name of the school . I would call a lawyer and threaten him /her with a lawsuit . Actually your money and flight ticket and bonus are not do until you complete the contract . YOur boss might just be trying to make you go crazy . I know cases where bosses have ask people to ask a teacher for a private class and then boom in the last week of the contract you break a rule in the contract and he uses that as an excuse not to give you bonus . However you should a a plan if boss not pay you . Anyway if you are not paid if you sue the boss you will not  be forced  to leave the country until you get paid . /Thats my thihking of the law  It may be like I said your boss is trying to make you go crazy . Some bosses are evil enough to do that .