Welcome to BASE21

by Kang Eun-Kyung
Secretary Genera of FWR

Q I came from Sri Lanka and have been an undocumented worker for 3 years. From summer to autumn this year I had worked at afactory in Sasang, Pusan. My money still remains there.
When I visited the company on December 1, the company already was in dishonor. My Korean co-workers, with whom I worked, also didn't get their last month's salary and retirement allowance. In this case, even if I am an undocumented foreign worker, can I get my money?

A As Korea's economic situation has worsened, more and more small companies have been dishonored. However, although the factory is in dishonor, there is a way to get your money.
This salary is the only source of livelihood for workers. When a company is dishonored, a worker will lose their source of income. The Korean government are providing protection prior to worker's salary, retirement allowance and other debts in this case.
Though the company should pay debts to the bank or a collaborative company, the worker's salary will be primarily protected by certain ranges within the law. The most which can be paid for protecting salary is for the last 3 months salary and retirement allowances. However, if you do not take any legal action soon, you can't get your money. So hurry up!!

This is what you should do....
When the company is dishonored, the workers elect a representative among them. The representative represents all of you.
Next, the representative prepares some things to prove their tenure with that company and the details of unpaid facts - the value of one month's salary and the total unpaid salary. The representative should list the facts of the dishonor and make a complaint about the employer to the Labor Office. At that time the Labor Office issues a certification. This certification is very important because you will get parts of assets of the company only with the certificate when the judicial court rules.
If a representative has already been selected in your company and already made a complaint about the employer to the labor office, and you are not working in the company now, if your representative admits that you have worked there and you didn't receive your salary, you just enroll your name on the document. If they say you did not work there, it is possible to submit a petition to the Labor Office alone.
The most important thing is that the company should have property, which will be disposed of by the Law Court.