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JD_Tiberius
Joined: 16 Nov 2009 Location: Korea
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Posted: Tue Oct 04, 2011 6:09 pm Post subject: should i go to war with my former school |
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I finished my last contract with gyeongnam poe in september and my new contract with a different POE begins in November. My school is refusing to pay the exit allowance on the basis of article 11.4 in my contract which states that the employee may change POE aftwr finishing a contract if they obtain a letter of release. However if they do this they shall not receive an exit allowance.
Now,i received no letter of release. I was told that it was impossible because of the gap between the contracts. So in my opinion i should have received this allowance. My school took it upon itself to NOT give me a simple letter that would have solved all their little problems. My old school is arguing that because they knew i was changing POE they dont have to pay me anything...
any thoughts? is there a case for them to pay me? i stayed in korea and travelled.because my visa was 13months instead of the usual 12. But by their argument i wouldnt receive anything even if i went home then came back because they knew i was changing province. And the only reason they knew that is because my so called 'friend' of a coteacher blabbed to them.
Its not even the money thats the issue. Its the principle. As it is i feel quite betrayed by them and my former coteacher. |
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Rutherford
Joined: 31 Jul 2007
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Posted: Tue Oct 04, 2011 6:31 pm Post subject: |
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So you finished your one year year contract and will be starting a new contract with a different POE two months later?
How is that different than if you finished your job and then signed a new contract with a hogwan or university? I don't think this will hold up if you challenge them on it. Try to talk to them about it. If that doesn't work, go above their heads to someone in the POE, then try labor board. |
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JD_Tiberius
Joined: 16 Nov 2009 Location: Korea
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Posted: Tue Oct 04, 2011 6:41 pm Post subject: |
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Yeah. Thats what i'm thinking. It wasnt a direct switch as stipulated in the contract, therefore clause 11.4 doesnt apply. I tried talking to my former coteacher but she hung up on me as i was explaining the hole in the schools argument
i have a funny feeling the new principal has a hand in this. He dislikes foreign teachers |
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CentralCali
Joined: 17 May 2007
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Posted: Tue Oct 04, 2011 7:23 pm Post subject: |
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Do not deal with the school. Go to the POE. If you don't get satisfaction there, then do to the Labor Board. |
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hellofaniceguy
Joined: 10 Jan 2003 Location: On your computer screen!
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Posted: Tue Oct 04, 2011 7:58 pm Post subject: |
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you'll win the battle but not the war..... |
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bbud656
Joined: 15 Jun 2010
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Posted: Tue Oct 04, 2011 11:03 pm Post subject: |
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Im in a similar problem. I finished my contract with a POE position and got a uni gig, but my school doesnt want to pay even though the law is on my side. The POE coordinator doesnt want to get involved. Going to the labor board next week to get things started. |
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jeremysums
Joined: 08 Apr 2011
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Posted: Tue Oct 11, 2011 8:16 am Post subject: Re: should i go to war with my former school |
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Did you?
JD_Tiberius wrote: |
I finished my last contract with gyeongnam poe in september and my new contract with a different POE begins in November. My school is refusing to pay the exit allowance on the basis of article 11.4 in my contract which states that the employee may change POE aftwr finishing a contract if they obtain a letter of release. However if they do this they shall not receive an exit allowance.
Now,i received no letter of release. I was told that it was impossible because of the gap between the contracts. So in my opinion i should have received this allowance. My school took it upon itself to NOT give me a simple letter that would have solved all their little problems. My old school is arguing that because they knew i was changing POE they dont have to pay me anything...
any thoughts? is there a case for them to pay me? i stayed in korea and travelled.because my visa was 13months instead of the usual 12. But by their argument i wouldnt receive anything even if i went home then came back because they knew i was changing province. And the only reason they knew that is because my so called 'friend' of a coteacher blabbed to them.
Its not even the money thats the issue. Its the principle. As it is i feel quite betrayed by them and my former coteacher. |
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Weigookin74
Joined: 26 Oct 2009
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Posted: Tue Oct 11, 2011 8:37 pm Post subject: |
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JD_Tiberius wrote: |
Yeah. Thats what i'm thinking. It wasnt a direct switch as stipulated in the contract, therefore clause 11.4 doesnt apply. I tried talking to my former coteacher but she hung up on me as i was explaining the hole in the schools argument
i have a funny feeling the new principal has a hand in this. He dislikes foreign teachers |
You are not directly switching jobs. You are taking some time off in between jobs. I assume, you will have to do a Japan run or something to this effect? That costs you money. You got no letter of release. Therefore, they owe you the money. First talk to the POE. Failing that go back to the school. Keep calling them. If they keep hanging up on you. Go to the labor board and file the complaint. Then, go to the school everyday. "Do you have my money yet?" |
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