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LATE SALARY PAYMENTS
« on: February 17, 2020, 10:16:28 am »
  I am currently working at a kindergarten-elementary in South Korea. When I applied for the job, I asked for slightly higher than what was offered, considering that it was a 9-6 job, not 9-5. My own offer was accepted, but with the condition that they would take out a 200,000 won security deposit for the first 3 months to cover flight money and bills (if I left before the end of the contract). The other foreign teachers are under this condition too.

  But we are now finding that our salary comes late. My salary for the first month was 12 days late, and the excuse given was that my ARC had taken ages to prepare. I was supposed to receive my second salary payment on February 3,but at a meeting the assistant manager said for financial reasons we'd have to wait a week. That week has passed. We foreign teachers have still not been paid. Obviously, I will keep mentioning this to our boss. But what if this continues?
  A colleague said we must wait 2 weeks after pay day  before we can take our issues to the labour office. Is that so?

  There are some nice foreign teachers at this hagwon, and some really fun kids I enjoy working with. But I find it annoying. There's the stuff I just mentioned, then issues with printers that don't print, and 6 year olds who barely know English at all doing science. But that belongs in another post.


  • oglop
  • The Legend

    • 3185

    • August 25, 2011, 07:24:54 pm
    • Seoul
Re: LATE SALARY PAYMENTS
« Reply #1 on: February 17, 2020, 11:01:21 am »
yeah you gotta wait two weeks to file. that's probably why they pay you 12 days late instead of 14+. annoying, isn't it?

but if you do get paid 2 weeks or more late, it's easy to file. they'll sort it out.

edit: join this group. it's a good resource read the files section before you post - your questions will have probably already been answered there

https://www.facebook.com/groups/520811644598894/?ref=bookmarks
« Last Edit: February 17, 2020, 12:49:30 pm by oglop »


Re: LATE SALARY PAYMENTS
« Reply #2 on: February 17, 2020, 12:09:56 pm »
The Ministry of Employment and Labor have the policy of not pursing unpaid wage claims for 14 day because the only Article that specifies time of payment is
Article 37 (Interest for Delayed Payment of Wages)
(1)   When an employer fails to pay the whole or a part of the wages and the allowances (referring to only lump-sum allowances) provided for in subparagraph 5 of Article 2 of the Guarantee of Workers' Retirement Benefits Act which he or she is liable to pay under Article 36 within 14 days after the cause for such payment occurred, he or she shall pay interest accrued for the delayed days from the following day to the day of the payment in accordance with the interest rate prescribed by Presidential Decree by taking account of the economic situations such as overdue interest rates etc. applied by the banks established under the Banking Act within the limit of 40/100 per year. <Amended by Act No. 10303, May 17, 2010>


The MOEL Labor Inspectors can be called in if the delayed payment of wages are habitual.  It will affect the Employer

Article 43-3 (Provision of Data on Delayed Payment of Wages, etc.)
(1)   Where the centralized credit information collection agency under Article 25 (2) 1 of the Use and Protection of Credit Information Act requests personal information and the data on the amount of arrears, etc. (hereinafter referred to as "data on delayed payment of wages, etc.") of the business owner in arrear against whom at least twice of conviction are upheld due to his or her failure to pay the wages, etc. within three years prior to the date of provision of the data on delayed wages. etc. and the total amount of money in arrear with the wages, etc. during the period of one year prior to the date of such provision of the data is at least 20 million won, the Minister of Employment and Labor may provide the aforementioned data if deemed necessary to prevent delay in payment of wages, etc.: Provided, That this shall not apply where the aforementioned provision of data is meaningless due to death of the business owner in arrear or closure of the business or where other reasons prescribed by Presidential Decree exist.


There are extremely strong privacy protection laws in the Republic of Korea, if the Employer is found convicted of delayed payment of wages (2 instances in the 3 last years with the total amount being 20 M KRW or more) the information is made available to the Financial Institutions, i.e. Banks, and their credit rating plummets.  All loans will have to be secured with property and they may not be able to secure a credit card.

In Korea, the Managing Director is held personally responsible for the payment of wages unless the company is very very large and public.

As for the following
"My own offer was accepted, but with the condition that they would take out a 200,000 won security deposit for the first 3 months to cover flight money and bills (if I left before the end of the contract). The other foreign teachers are under this condition too. "

If the deduction is for the Security deposit for housing, that tends to be acceptable but the Employer is NOT allowed to deduct any of the wages to "... cover flight money ".

Cheers,


Re: LATE SALARY PAYMENTS
« Reply #3 on: February 19, 2020, 08:56:31 am »
Thanks for that detailed reply. Actually late payment of salary is not a new thing at our school. The foreign staff have all found that their salaries regularly arrive a week or more late.  It looks like it's a permanent habit, since it has gone on for months and months.
The British guy who interviewed me for the job, knew that this was already a real problem but chose not to mention it. He was a senior employee, but is on leave until later this year.

While pay has been delayed for periods less than 2 weeks, delays are regular. This time it's 9 days, and counting.


  • Cohort 2019
  • Super Waygook

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Re: LATE SALARY PAYMENTS
« Reply #4 on: February 19, 2020, 03:58:02 pm »
Sounds like the school is in financial trouble ?
incumbo studiis


  • VanIslander
  • Moderator LVL 1

    • 1676

    • June 02, 2011, 10:12:19 am
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Re: LATE SALARY PAYMENTS
« Reply #5 on: February 21, 2020, 01:39:30 am »
I have been here since 2002.

Never EVER have I been paid a day late. And I have only been working in hagwons.

Of course, I don't suffer fools gladly. I work bloody hard and when some new yahoo student joins and tries to mess around, I clamp down. Follow the rules or get out (go into the hall).

I have been called into the director's office in two of the four hagwons I have had longterm relationships with. But  l stick to rules, principles and hard work.

I have told myself, if I EVER am not paid on pay day, I would march/walk into the director's office and inform him that on principle I cannot teach a minute more without getting paid. I have fortunately never had to.


Re: LATE SALARY PAYMENTS
« Reply #6 on: February 21, 2020, 12:52:26 pm »
 Vanislander, I do appreciate your comments. You are basically right. However, the late payments have been going on now for months.  The western teachers are worried sick, but very cautious. Maybe too cautious.  I get told things like "You are on probation. We are on probation. We can  be fired within the first 3 months just for the way we look at people and we can do nothing."
  Those not on probation are also very cautious. Pay is now 11 days late. We have to do something on Tuesday.


  • LIC
  • Expert Waygook

    • 661

    • February 15, 2019, 04:39:00 pm
    • NE Hemisphere
Re: LATE SALARY PAYMENTS
« Reply #7 on: February 21, 2020, 02:29:52 pm »
I have been here since 2002.

Never EVER have I been paid a day late. And I have only been working in hagwons.

Of course, I don't suffer fools gladly. I work bloody hard and when some new yahoo student joins and tries to mess around, I clamp down. Follow the rules or get out (go into the hall).

I have been called into the director's office in two of the four hagwons I have had longterm relationships with. But  l stick to rules, principles and hard work.

I have told myself, if I EVER am not paid on pay day, I would march/walk into the director's office and inform him that on principle I cannot teach a minute more without getting paid. I have fortunately never had to.

Clearly it's the Korando which gives you your superpowers.


  • oglop
  • The Legend

    • 3185

    • August 25, 2011, 07:24:54 pm
    • Seoul
Re: LATE SALARY PAYMENTS
« Reply #8 on: February 21, 2020, 05:09:41 pm »
I have been here since 2002.

Never EVER have I been paid a day late. And I have only been working in hagwons.

Of course, I don't suffer fools gladly. I work bloody hard and when some new yahoo student joins and tries to mess around, I clamp down. Follow the rules or get out (go into the hall).

I have been called into the director's office in two of the four hagwons I have had longterm relationships with. But  l stick to rules, principles and hard work.

I have told myself, if I EVER am not paid on pay day, I would march/walk into the director's office and inform him that on principle I cannot teach a minute more without getting paid. I have fortunately never had to.
this is a very pecan post.

just because you've never experienced a problem like this, it doesn't mean others haven't. and just because you've played hardball, it doesn't mean other employers would cave so easily. also, just because you are strict with your students, work hard and stick to your principles, it doesn't mean people who find themselves in in this situation don't

anyway, if you say you won't work until paid, they can fire you. not so easy if you're on an E2, as you'd have to leave the country, and re-apply for all your documents (if you want to come back).

going through the MOEL really is the best way. they will help you, and going through them will show you're not a pushover anyway