Hello.
This is Ciel from Famigo who delivers Korean visas and legal ceremonies every day.
In the last post, we looked at the guidelines for behavior when you're overdue for a wage.
It would be nice if I could get my wages back in every situation, but there are many cases where I don't.
Today, in this situation, we will distinguish between situations where money can be returned and situations where it can not be received realistically.
1. If you can get money
- In the case of most common unpaid wages
If you prepare the documents properly according to the contents of yesterday's posting, and there are no procedural defects, you can receive them without any major problems. Even if there is a procedural defect, you can receive it if you make appropriate supplementation to the labor inspector's 'complementary order'.
2. If you can't get money
- If the investigation results are not recognized as overdue wages
Although the report was made in arrears of wages, the investigation by the labor inspector shows that it is different from the facts or that wages are overdue, but the nature of the report does not legally fall under arrears of wages.
A case in point is a "lack of evidence."
In addition, if you deduct 3.3% from your income and receive a deposit, you will not be evaluated as a 'freelancer (private business)' rather than a 'worker' by law.
This is beyond the scope of the Ministry of Employment and Labor, which is in charge of 'workers', so it can be obtained through civil lawsuits in court.
- business owner's refusal to pay
Or they can simply refuse to pay because the business owner doesn't want to give it to you.
In this case, you can apply for a 'loan payment' to the 'National Labor Welfare Corporation'. You can receive the money first within a certain amount for a three-month wage and the final three-year severance pay.
However, you must file a lawsuit with the court for the part that exceeds the subject of the payment or is not subject to the payment (seizure, etc.).
- If the business owner doesn't have money
Proceed in the same way as the above 'Refusal to Pay by Business Owners'.
For additional inquiries, please contact us through the Famigo Channel Talk and we will respond in detail.
We will try to make sure that you live a stable life in Korea today as well.
This was Famigo speaking.
Hello.
This is Ciel from Famigo who delivers Korean visas and legal ceremonies every day.
In the last post, we looked at the guidelines for behavior when you're overdue for a wage.
It would be nice if I could get my wages back in every situation, but there are many cases where I don't.
Today, in this situation, we will distinguish between situations where money can be returned and situations where it can not be received realistically.
1. If you can get money
- In the case of most common unpaid wages
If you prepare the documents properly according to the contents of yesterday's posting, and there are no procedural defects, you can receive them without any major problems. Even if there is a procedural defect, you can receive it if you make appropriate supplementation to the labor inspector's 'complementary order'.
2. If you can't get money
- If the investigation results are not recognized as overdue wages
Although the report was made in arrears of wages, the investigation by the labor inspector shows that it is different from the facts or that wages are overdue, but the nature of the report does not legally fall under arrears of wages.
A case in point is a "lack of evidence."
In addition, if you deduct 3.3% from your income and receive a deposit, you will not be evaluated as a 'freelancer (private business)' rather than a 'worker' by law.
This is beyond the scope of the Ministry of Employment and Labor, which is in charge of 'workers', so it can be obtained through civil lawsuits in court.
- business owner's refusal to pay
Or they can simply refuse to pay because the business owner doesn't want to give it to you.
In this case, you can apply for a 'loan payment' to the 'National Labor Welfare Corporation'. You can receive the money first within a certain amount for a three-month wage and the final three-year severance pay.
However, you must file a lawsuit with the court for the part that exceeds the subject of the payment or is not subject to the payment (seizure, etc.).
- If the business owner doesn't have money
Proceed in the same way as the above 'Refusal to Pay by Business Owners'.
For additional inquiries, please contact us through the Famigo Channel Talk and we will respond in detail.
We will try to make sure that you live a stable life in Korea today as well.
This was Famigo speaking.