[Counseling Case] 2021-02
[Counseling Case]
My dictation
Oh OO, Pakistan, Changwon
Main problem
Unregistered foreign voluntary
Resolution
The client is an unregistered resident and hope
After purchasing a return ticket, he was informed that he should report his voluntary entry country to a foreign office in Changwon immigration on February 2, and pay a fine for the recent unlicensed traffic accident.
In the Masan Prosecutor's Office, there is no way to pay a fine because there is no court sentence yet. As a result of contacting the Changwon District Law, the case was referred to the court in early February and ruled within a week.
February 5th Court ruling: Summary command fines. The client paid a fine of 900,000 won to the prosecutor's office and reported voluntarily to Changwon immigration office.
-As departure on February 22.
result
-In departure after reporting voluntary entry country at Changwon Immigration Office
evaluation
-It is important to note that migrants who want to voluntarily leave the country must pay fines, penalties, and penalties in advance. However, in the case of a penalty that follows unregistered, it is possible to exempt the penalty.
My dictation
Sam O, Sri Lanka, K ** (manufacturing industry)
Main problem
Wage
Resolution
-Wage unpaid 3 months (about 6.6 million won)
-The president refuses to pay for no money and calmed down to the Labor Office.
After the investigation of the case
Civil lawsuit filed a civil lawsuit against the Korea Legal Restructuring Corporation
The Korea Labor Welfare Corporation was charged with a small amount of allowance and received a full amount
result
-Pet all unpaid wages
evaluation
Migrant workers need to strengthen the guidance and publicity of the small -scale allowance system.
My dictation
Woven OO, Vietnam, Shin ** (Changwon, Manufacturing)
Main problem
Retirement and annual allowance
Resolution
-The company told me to leave the company ahead of returning home, and the company told me to leave and leave all the annual leave in order not to pay the annual allowance.
-The visit to the company and forced the use of annual leave against workers' intentions is to announce and persuade the Labor Standards Act to pay the annual allowance.
-The annual allowance and retirement allowance received about 7.7 million won.
result
-Ennet allowance and receipt of severance pay
evaluation
Forcing the use of annual leave against workers' intentions is illegal, and it is necessary to actively respond to counseling if it is forced to be unfairly.
My dictation
OO, Philippines, ** unemployment (manufacturing)
Main problem
Retirement
Resolution
-Inatled off because they did not receive retirement pay after leaving the company and did not contact the employer.
Identify about 4.7 million won for severance pay.
Call with the boss: At first, he said that he included severance pay for his salary, but later he agreed to not pay retirement pay because he was not eligible for stay.
-The trend to the Labor Administration
-The president who attended the Labor Administration agreed to 2.5 million won, but refused.
-In a unpaid wage employer confirmation, a civil lawsuit to the Korea Legal Restructuring Corporation
-The client before applying for a small amount of money returns home
-In order to apply for a small amount of money to the Labor Welfare Corporation
-Full receipt from the Korea Labor Welfare Corporation
result
Receiving full retirement allowance
etc
There are not many cases of exploiting weaknesses or demanding unreasonable agreements. In this case, it is necessary to actively use the small amount of payment system.
My dictation
Name: OO, Cambodia, ** Tech (Manufacturing)
Main problem
Apply for maturity insurance after returning home
Resolution
2021.01 ** After working in Tech
I applied for a maturity insurance before returning home, but I could not receive it at the airport due to the lack of documents.
The client prepares documents such as his bankbook and sends a copy to the counselor.
Counselors translate the contents of the account and receive it to Samsung Fire with other documents.
2021.01.30. Confirmation of 6,790,560 won as a bank account
result
Departure maturity insurance (if you apply in your home country, you will be tired of receipt of insurance payments for two to four weeks)
evaluation
-It is a case where you can spread the migrants that even if you do not receive the departure expiration insurance at the time of departure, you can solve it with the help of the counseling agency after returning home.
My dictation
OO, Mongolia, Changwon
Main problem
Violation of the Housing Lease Protection Act
Resolution
-The client lives as a tenant with a deposit of 3 million won. Even though the contract is left a lot, the client's child is demanded to be terminated because of the noise.
-The counselor informed the landlord of the tenant's right, but the landlord was stubborn and rather demanded the cost of a new tenant.
-You can also request rejection of eviction and direct moving fees, and compensation for brokerage fees.
result
-It is anxiety due to the weakness of the status.
evaluation
A protective device that can prevent illegal acts of landlords who exploit the weaknesses should be taken.
My dictation
POOO and 3 others, Indonesia, ** Tech (manufacturing)
Main problem
① Unpaid wages (settlement of extra work allowance below the minimum hourly wage)
② Unpaid retirement allowance (settled based on ①)
Resolution
-OOOs and three others in November 2020 have been left for wages and retirement payments after leaving the company.
I confirmed that the employer was settling the overtime allowance in the name of the “part -time job” statement.
After submitting a part -time job statement and calculating it to the lowest level, the company confirmed that the overtime allowance was set less than the minimum hourly wage.
Wages and retirement payments are settled and the employer is notified.
The employer said that he first denied the facts and made an additional part -time job to supplement the wages of foreign workers who had less working hours.
The clients were encouraged to file a civil lawsuit rather than an agreement even if it took time, but they wanted to agree with the boss.
-It agrees with the company for two months, and then checks the payment.
result
① F OOO: Overtime work addition allowance 2,000,000 won
② Three OOO: Overtime Works Wednesday 2,000,000 won
③ Sue OO: Expansion of extra work + 9,000,000 won
④ Three O: Expansion of extra work + 3,000,000 won
evaluation
-There are many if foreign workers think that they do not know the Labor Standards Act properly, so that there are not many business owners who use it. Feed for more powerful sanctions and maps in accordance with the violation of the law.