Read 423 times

  • Lucky2019
  • Waygookin

    • 16

    • March 10, 2019, 10:08:04 pm
    • South korea
Disagree to give certificate
« on: November 10, 2019, 07:22:16 pm »
Hi there ,

I have been work in a Korean company nearly 1 year. They gave me " release letter" to go for another job . Most " terrible" fact is that they denied to give my " experience certificate" that is MUST at this moment.


Kindly suggest me what should I do. I have requested at least 20 times to HR. They kept silent till now.

Any lawyer could help me?
Can I get this employment certificate from district office/immigration/ city office?, since I had work permit in E7-1 visa status?

At least I need to prove 3 evidence that I was employed on that period.

Regards





  • thunderlips
  • Hero of Waygookistan

    • 1627

    • June 07, 2012, 10:01:55 am
    • South Korea
Re: Disagree to give certificate
« Reply #1 on: November 11, 2019, 08:06:19 am »


Re: Disagree to give certificate
« Reply #2 on: November 11, 2019, 08:19:25 am »
Employers are required by law to provide a career certificate upon request. I would threaten to report them to the Ministry of Employment and Labor if they keep stalling. Hopefully that will light a fire. If they still won't provide a certificate you can file a petition with MOEL. Call 1350 (press 4 and 1 for English) for more info.

here's an excerpt from a response the MOEL provided to someone in a similar situation as you:

Quote
Therefore, if the employer refuses to issue a certificate of employment, or does not immediately issue it, you may file a petition against the employer to the regional labor office having jurisdiction over the workplace as below.

※ How to file a petition

· <Ministry of Employment and Labor website(www.moel.go.kr)→ please go to 민원마당 on the top left → 민원신청 → 서식민원 → 임금체불 진정신고서 → you may apply after sign up and log in> (Korean version)

· You may file a petition by visiting the regional labor office having jurisdiction over the workplace in person.

· If you submit through e-People government civil petition portal, company name,
  company address, representative’s name, contact number etc shall be specified.


 4. For further inquiry in regards to labor relations laws, please contact Ministry of  Employment and Labor Counseling Center on 1350 (press 4 and 1 for English).

Good luck.


Re: Disagree to give certificate
« Reply #3 on: November 11, 2019, 08:35:15 am »
Article 39 of the Labour Standards Act:


Quote
Article 39 (Certificate of Employment)

(1)   Whenever an employer is requested by a worker to issue a certificate specifying the term of employment, kinds of work performed, positions taken, wages received, and other necessary information, he or she shall immediately prepare and deliver a certificate based on facts, even after the retirement of the worker.

(2)   The certificate referred to in paragraph (1) shall contain nothing other than what has been requested by the worker.

In Korean:

Quote
제39조(사용증명서) ① 사용자는 근로자가 퇴직한 후라도 사용 기간, 업무 종류, 지위와 임금, 그 밖에 필요한 사항에 관한 증명서를 청구하면 사실대로 적은 증명서를 즉시 내주어야 한다.

② 제1항의 증명서에는 근로자가 요구한 사항만을 적어야 한다.

Like DMZ said above, if they still stall then contact the Labour Office. They have no legal leg to stand on. 


  • oglop
  • The Legend

    • 2510

    • August 25, 2011, 07:24:54 pm
    • Seoul
Re: Disagree to give certificate
« Reply #4 on: November 11, 2019, 09:12:16 am »
why do korean employers have to be dickheads so much of the time?


Re: Disagree to give certificate
« Reply #5 on: November 11, 2019, 11:10:46 am »
I wish more people on here would show gratitude when the community takes the time to provide advice


  • NorthStar
  • Expert Waygook

    • 746

    • July 05, 2017, 10:54:06 am
    • Mouseville
Re: Disagree to give certificate
« Reply #6 on: November 11, 2019, 11:40:51 am »
why do korean employers have to be dickheads so much of the time?

It is how they compensate for being insignificant....


  • Lucky2019
  • Waygookin

    • 16

    • March 10, 2019, 10:08:04 pm
    • South korea
Re: Disagree to give certificate
« Reply #7 on: November 11, 2019, 08:23:59 pm »
I would like to say " thank you" all who responded nicely here.
We need to stand for it.

I called today 1350 and korean counselor said
"[Web발신]
근로기준법 제39조(사용증명서) 
① 사용자는 근로자가 퇴직한 후라도 사용 기간, 업무 종류, 지위와 임금, 그 밖에 필요한 사항에 관한 증명서를 청구하면 사실대로 적은 증명서를 즉시 내주어야 한다. 
Article 39 (Certificate of Employment) of the Labor Standards Act:(1) Whenever an employer is requested by an employee to issue a certificate specifying the term of employment, kind of work performed, positions taken, wages received, and other necessary information, he/she shall immediately prepare and deliver a certificate based on facts, even after the retirement of the employee.

For further inquiries, please feel free to contact Ministry of Employment and Labor Counseling Center on 1350(press 4 and 1 for English).
Best Regards, "

Seems like I need to apply for e-people.

That company forced me to leave job within 6 months, that was really hard time because my wife was " pregnant ". And  company said "your per months salary will reduce 25%".

When I find a job and leave, the homeowner cut 20% deposit from company because it was 2 years contract.

Thats how they got fire!