Originally Posted by
av8tordude
To all who are may be interested.
As you know, Asiana Airline and Korean Airlines has placed the majority of the Expat pilots on unpaid leave due to the events of the current pandemic. While we all understand the difficult times the airlines are experiencing, this does not justify the blatant disregards to fulfilling their contract duties under Korean Labor Law. 4 Months ago, I have been forced to take unpaid leave, however nowhere in my employment contract states this is allowed. I have not received a salary legally owed to me since the forced unpaid leave. As of this writing, I just received notice that Asiana has sent my agency notice that my contract has been terminated with " 2-months notification” as provided in my contract.
I, just like you, am angry at the way we have been treated. When they needed us, we gave them full support without hesitation, but now when we need them, they want to turn the backs on us and throw away like trash. I don't know about you, but this is not acceptable!!!!
I would like be seek a reputable law firm astute in Korean law to seek compensation, but I cannot personally or financially do this alone. I need everyone who has been affected by this to join with me to fight what we are legally owe to us. If you want to join me, you may contact me.
You have to read the fine print. It’s called a force Majeure Clause.
A "force majeure" clause (French for "superior force") is a contract provision that relieves the parties from performing their contractual obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. In the absence of a force majeure clause, parties to a contract are left to the mercy of the narrow common law contract doctrines of "impracticability" and "frustration of purpose," which rarely result in excuse of performance. https://www.venable.com/insights/pub...ajeure-clauses