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  • Davey
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    • February 01, 2010, 01:36:20 pm
HOW DO I CONTACT THE LABOR/LABOUR BOARD?
« on: August 23, 2012, 02:30:12 am »
On the left hand side scroll down and you will see a phone number for foreign workers.

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

Ministry of Employment and Labor/Labour
www.moel.go.kr

You do NOT have tell them who your employer is, although this will obviously be necessary if you want the board to resolve an issue.

------------------------------------------
Search this site using Google by typing, "site:waygook.org [search term]," especially during peak hours. Alternatively, use the site's search function.

EPIK: VISA, RENEWING, PENSION, ETC:

http://waygook.org/index.php/topic,2614.0.html


  • CDW
  • Hero of Waygookistan

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Re: HOW DO I CONTACT THE LABOR/LABOUR BOARD?
« Reply #1 on: August 24, 2012, 10:09:46 am »
You can use the e-People service to petition the labor board for assistance.
http://www.epeople.go.kr/jsp/user/on/eng/FrnPcCvreqForm.jsp


  • iamrhart
  • Hero of Waygookistan

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Re: HOW DO I CONTACT THE LABOR/LABOUR BOARD?
« Reply #2 on: April 04, 2013, 06:45:11 pm »
call 1350.
speak to a counselor.
They will tell you to go to epeople.go.kr  when you go there, you will have an option to fill out two applications.

fill out one (or both). different situations go to different departments (they have two departments. Ministry Of Labor and Anti Corruption something.

wait about 7-10 days. If you dont see a result, call again.

hope that helps.
You only live today once. You wont get a second chance. You wont get to live it twice. So make the most of it.

A sane man in an insane world will appear insane.


Re: HOW DO I CONTACT THE LABOR/LABOUR BOARD?
« Reply #3 on: September 26, 2017, 06:48:42 pm »
The epeople service is very good for claims of unpaid wages of up to 1,500,000 KRW and if the contract is well written, if there are time cards, if the pay stubs clearly show the deductions made etc, and then it is straight forward matter.

The MOL does have Legal Aid for workers if they are earning less than 15,000,0000 KRW per year.... most of the participants on this board probably would not qualify for Legal Aid.

The next "level" for more serious issues above 1,500,000 KRW is utilizing a Korean Labor Attorney.  The specialize in Korean Labor Law, cases take a max of 90 days, there is a system of appeal, and the case can go to the Supreme Court and many have gone the full course.

A Korean Labor Attorney can also sponsor the G-11 VISA to allow you to stay in Korea while the case.  Some Korean Labor Attorneys are also Immigration Advocates (there are no "Immigration Attorneys" per say as in the USA) and really they tend to be more time and cost effective than Civil Attorneys in areas of Labor Law just because they specialize in Labor Law where as a Civil Attorney will have one or two cases a year but Civil Attorneys do have their place.

If the case involves the employer making promises of Loans, or discounts on housing or cars etc, then those are truly Civil Issues which are adjudicated under the Commercial Act and other elements of Civil Law.   Everything to do about unpaid wages, severance, salary, pension, health and wrongful termination (unfair dismissal) and job reinstatement is all Labor Law and there is no difference in the outcome.  Civil Judges will brush up on the current rulings issued by the Labor Commission (the Judges may only have one or two trials a year for Labor Issues) and it is kinda a lot of work for the Civil Judge.  Really, if the other "benefits" in the contract are about 20-30 M KRW then the Civil Attorney may be the better way to go.  With a Labor Law Case being brought before a Civil Judge you will need to pay court fees of up to 3% of the Commercial Claims, (property transfer and promised expenditures by the employer) and the filing fees may include the any filing fees required to have the Labor Law Case tried in Civil Court instead of the Labor Commission.

Some times you need a stapler, some times a nail gun and some times a watch makers wrench set; they are all effective upon what they were designed to deal with.


Re: HOW DO I CONTACT THE LABOR/LABOUR BOARD?
« Reply #4 on: June 08, 2020, 01:25:59 pm »
I feel the need to have mention a point also because it's very important.
I am speaking from personal experience as I did this not once but twice with my school in the past.

My situations were not serious.  I had a good relationship with my school.  I was merely having some communication
issues, not being able to find the answers I was looking for and decided to submit an e-petition to just inquire about my
situation or my options.

I even said specifically in it that I don't have a problem with my school or anyone per se.  It was just more situational
difficulties and answers I was looking for.

It turned out that once you submit it with your personal and school info, the appropriate department will eventually contact your school principal about it.  It comes to school / principal as a warning or notice more so than just a harmless inquiry.

In other words, the school / principal will take it as a huge black mark on them.  They will take it as if it was an all out attack on the school and the reputation of the principal.   I never knew it would be that horrific.  They literally take it as a declaration of war so-to-speak.   I can guarantee you, you will 100% irreversiblly damage your relationship and or reputation with them.   So unless you already have made severed ties and ready to burn bridges, then fine, go ahead, file the documents cuz it doesn't matter.   

For me, while I didn't get fired for it, I definitely knew I did something really bad and I didn't know it was going to be taken like that.  Both times I used it, it was only for inquiring about my situation and what options legally I had.   So merely asking is seen as a huge disrespect to the school and the principal as soon as their names get written up and probably filed or recorded in their history.

So yeah, be careful when using e-petition or contacting the labor board.   You're asking for more problems that you may not have, unless that is your intent in the first place (to get them in trouble or at least on notice).

The one time we went to the labor board (my co-teach and I) because we were given an appointment date, the principal and school made such a huge deal about it planning on how to go there, who to go with, and all this worry.  Then it was just me and the CT going there, we told the labor board rep. worker that the issue was resolved and it was fine.  The labor board worker told us we didn't even need to come in then and just said there's no problem.  The whole thing was nothing really, but the principal/school took it like it was a an iminent nuclear bomb and everybody take all precautions and find shelter.   This is Korean culture.
« Last Edit: June 08, 2020, 01:31:04 pm by fruitloops »


Re: HOW DO I CONTACT THE LABOR/LABOUR BOARD?
« Reply #5 on: June 09, 2020, 10:49:07 am »
It turned out that once you submit it with your personal and school info, the appropriate department will eventually contact your school principal about it.  It comes to school / principal as a warning or notice more so than just a harmless inquiry.

I don't know how you managed this, but it's really not true when you make your first enquiry. 

A few years ago, I contacted them about a prorated holiday thing and finishing a contract early issue.

I called the English hotline number first on 1350.  She recommended I filled out the Epetition.  Which I did, like this from the webiste here...

https://www.epeople.go.kr/foreigners/htp/htp.npaid

The actual process works like this....

Quote
01. Application & Handling Procedure
Access our homepage (http://www.epeople.go.kr/foreigner/).

02 Multilingual
Petition Service
             
03 How to File a Petition
Check the application method & procedure. (Current Page)

04 (Submit a petition)
Enter the petitioner's name, nationality, address, e-mail, and password when filing a petition.
Enter information and attach a file by using the downloaded form.
* Enter the petitioner's information in English.
* Remember the name, e-mail, and password used here to check your petition results.

05 Receiving of the petition
Your petition will be assigned to the most suitable organization.

06 Handling of the petition
The organization in charge will deal with your petition according to the relevant laws. The staff in charge enters the answers and sends the results to the e-mail entered.

07 My Petition
(Check result)
Check the answers from the e-People service (http://www.epeople.go.kr/foreigners/)
* The name, e-mail, and password entered are required to check the answers.

You don't need to enter where you work, as it shows above.  They deal with what you send them and then they send you an email back saying whether you have a case or not legally.  They send their ruling to your email in English and Korean.  So, if it works in your favour you can show your boss or whoever the Korean ruling and then you can take it from there if your boss is not willing to do anything.  Or if there is no ruling then you can just leave it or you can ask for it to be looked at again but with other material.  If, like you say, you had 'just communication problems', there would be no reason for them to get involved especially contact your school.


Re: HOW DO I CONTACT THE LABOR/LABOUR BOARD?
« Reply #6 on: June 12, 2020, 12:51:43 pm »
I don't know how you managed this, but it's really not true when you make your first enquiry. 

A few years ago, I contacted them about a prorated holiday thing and finishing a contract early issue.

I called the English hotline number first on 1350.  She recommended I filled out the Epetition.  Which I did, like this from the webiste here...

https://www.epeople.go.kr/foreigners/htp/htp.npaid

The actual process works like this....

You don't need to enter where you work, as it shows above.  They deal with what you send them and then they send you an email back saying whether you have a case or not legally.  They send their ruling to your email in English and Korean.  So, if it works in your favour you can show your boss or whoever the Korean ruling and then you can take it from there if your boss is not willing to do anything.  Or if there is no ruling then you can just leave it or you can ask for it to be looked at again but with other material.  If, like you say, you had 'just communication problems', there would be no reason for them to get involved especially contact your school.

Well, they did contact my school directly.  I hadn't received my severance in over 4 months of waiting and reminded the school admin asking about it a couple times before.  I was trying to find out who could just contact them to remind them to get my severance pay to me.  After filling out epetition, they transferred the case to the specific department which should handle it and it was to the education board...so the education board called my school about it and my school got right on it and sent the severance pay out right away.    But they weren't too happy about it...maybe shocked or embarrassed because you know in Korea, it's all about "face".

The second time I used it, same thing, I was just asking to find out what my options were concerning a situation at school.  My CT wasn't able to help or wasn't willing to....I told him fine, I will just ask and see if I can find someone who can help me.  That's when I put in another epetition form and they directed it to the appropriate department and BAM, they called my principal and told her to come into the nearest Ministry of Labor location and gave a specific day and time.    Of course, that would be a huge slap in the face getting scared like that because of my epetition, but all it was, was just asking a question and it turned into what looked more like a formal inquisition (which it was not).  Again, it's all about face and respect and reputation.

The one thing I can say for sure is that epetition works!  It works really well!  They were fast, they were efficient, and they got my cases sent to the specific department it needed to go to, to get attention.  So yes, use epetition folks...it works amazingly well...but just be warned, your school may take it as a huge offense.


Re: HOW DO I CONTACT THE LABOR/LABOUR BOARD?
« Reply #7 on: June 15, 2020, 07:34:17 am »
Well, they did contact my school directly.  I hadn't received my severance in over 4 months of waiting and reminded the school admin asking about it a couple times before.  I was trying to find out who could just contact them to remind them to get my severance pay to me.  After filling out epetition, they transferred the case to the specific department which should handle it and it was to the education board...so the education board called my school about it and my school got right on it and sent the severance pay out right away.    But they weren't too happy about it...maybe shocked or embarrassed because you know in Korea, it's all about "face".

The second time I used it, same thing, I was just asking to find out what my options were concerning a situation at school.  My CT wasn't able to help or wasn't willing to....I told him fine, I will just ask and see if I can find someone who can help me.  That's when I put in another epetition form and they directed it to the appropriate department and BAM, they called my principal and told her to come into the nearest Ministry of Labor location and gave a specific day and time.    Of course, that would be a huge slap in the face getting scared like that because of my epetition, but all it was, was just asking a question and it turned into what looked more like a formal inquisition (which it was not).  Again, it's all about face and respect and reputation.

The one thing I can say for sure is that epetition works!  It works really well!  They were fast, they were efficient, and they got my cases sent to the specific department it needed to go to, to get attention.  So yes, use epetition folks...it works amazingly well...but just be warned, your school may take it as a huge offense.

Okay fruitloops, fair enough.  But severance being four months late isn't really a 'communication problem', that's then moved into the illegal territory (should be paid after two weeks) and then it does depend on your school's policy with the severance.  Some schools hold it each year until you finish at that school and then you get the whole lot in one go when you actually leave.  Others, like mine, pay it each year regardless of the number of years I'm staying at the school.  That could be where the misunderstanding was.  Or they just forgot, even with your gentle poking. 

Yes, epetition works.  It's evolved well and is a good safe port of call if needed.  Even if you go back home, you can pursue monies lost. 


Re: HOW DO I CONTACT THE LABOR/LABOUR BOARD?
« Reply #8 on: June 15, 2020, 07:46:10 am »
Okay fruitloops, fair enough.  But severance being four months late isn't really a 'communication problem', that's then moved into the illegal territory (should be paid after two weeks) and then it does depend on your school's policy with the severance. Some schools hold it each year until you finish at that school and then you get the whole lot in one go when you actually leave.  Others, like mine, pay it each year regardless of the number of years I'm staying at the school.  That could be where the misunderstanding was.  Or they just forgot, even with your gentle poking. 

Yes, epetition works.  It's evolved well and is a good safe port of call if needed.  Even if you go back home, you can pursue monies lost.

I thought this was the law on severance unless you request it early for a special reason (to buy a house, unexpected medical bills, etc.)


Re: HOW DO I CONTACT THE LABOR/LABOUR BOARD?
« Reply #9 on: June 15, 2020, 07:54:48 am »
I thought this was the law on severance unless you request it early for a special reason (to buy a house, unexpected medical bills, etc.)

It depends.  If you're renewing each year, some schools hold it, until you actually finish there, then pay you all of it.  It just depends on the school policy.  That's why you get a lot of questions on here from teachers who've worked multiple years, and have moved up pay grades, and then when they finally get their severance it should be based off their final three months pay at the higher salary. 

The two weeks would be enforceable by the Labour office if you finish at the school and they still haven't paid you after those two weeks.