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Snowmeow

Joined: 03 Oct 2005 Location: pc room
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Posted: Thu Jan 04, 2007 4:44 am Post subject: Hagwon changed name and wants to edit existing contract |
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Some of you must have been in this situation before.
The hagwon that employs me has changed its name, and needs to submit an updated contract to immigration. Rather than the original start and ending dates on the contract, the owner wants it to say starting in January (when the name change occurred) to April 30th, rather than my original start and end dates. This is to show that the contract has been updated. He refuses to use the old dates, saying that Immigration knows about the situation and that I shouldn't be concerned. But to me it doesn't seem like a safe thing to do, and I am very reluctant to sign anything at this point.
My plan tonight is to write an amendment that states that my original start and end dates remain unchanged and that my contract is for 365 days duration rather than the 4 months indicated on the contract, which I will ask the employer to sign.
Am I missing anything? Any input from experience? |
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Wrench
Joined: 07 Apr 2005
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Posted: Thu Jan 04, 2007 4:48 am Post subject: |
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Sounds like he is trying to pull a fast one with severence and locking you in for more time.. I smell scumbag.. DON'T TRUST KOREANS especialy Haqwon owners. |
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ChuckECheese

Joined: 20 Jul 2006
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Posted: Thu Jan 04, 2007 5:34 am Post subject: |
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I agree with wrench.
It's good of you to take precautionary measures.
Changing the hagwon's name in the middle of the contract doesn't allow him to change your terms in contract. The only thing the hagwon master should have done is to make an amendment stating the change of name. |
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babtangee
Joined: 18 Dec 2004 Location: OMG! Charlie has me surrounded!
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Posted: Thu Jan 04, 2007 6:15 am Post subject: |
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ChuckECheese wrote: |
The only thing the hagwon master should have done is to make an amendment stating the change of name. |
That is all you should let him do. |
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Adventurer

Joined: 28 Jan 2006
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Posted: Thu Jan 04, 2007 6:52 am Post subject: |
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He sounds like he is trying to exploit you. I would call 1350 on my phone and talk to someone who speaks English. They might be able to give you advice on how to deal with your boss. What he is suggesting is unacceptable. If you sign it, it would look like you are resigning your contract. I am not sure how that works because your visa is not good beyond a certain point, but he could try to use it to weasel out of the severance. I would consult with Korean officials and becareful about signing anything. |
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khyber
Joined: 16 Jan 2003 Location: Compunction Junction
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Posted: Thu Jan 04, 2007 7:02 am Post subject: |
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NEVER trust a korean who says "Don't worry. Immigration says it is okay". Never.
When you walk into immigration and hear someone say that, THEN you have the opportunity to use judgement.
DON'T SIGN! |
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Adventurer

Joined: 28 Jan 2006
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Posted: Thu Jan 04, 2007 7:22 am Post subject: |
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khyber wrote: |
NEVER trust a korean who says "Don't worry. Immigration says it is okay". Never.
When you walk into immigration and hear someone say that, THEN you have the opportunity to use judgement.
DON'T SIGN! |
I would go to the immigration and talk to an official or get a Korean and explain the situation. And when your boss brings it up again, you tell him that would alter your previous contract and that he is contradicting what the government has been telling you, and you don't want any changes to the wording of your contract. Let us face it, many of the Korean employers hope we are stupid, ignorant foreigners. However, remember
Albert Einstein discovered relativity, Thomas Edison discovered the light bulb and follow the light bulb in your mind that says this is a scam.
Here is some information courtesy of the U.S. Embassy:
You may want to contact the International Labor Policy Division of the Ministry of Labor (who have English-speaking staff) by telephone at 1350 (from the U.S. dial 011 82 1350). The Ministry of Education can be reached by calling 02 2100-6455 (from the U.S., dial 011 82 2 2100-6455). A list of websites for Korean Central Government Agencies is available at http://english.seoul.go.kr/link/useful/use_01cent_01.htm. A list of attorneys is available on our website at
http://korea.usembassy.gov/lawyers_list.html. Contact information for
the Korean National Police Agency is available at
http://www.police.go.kr/eng/index.jsp. We hope this information is of
assistance. |
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Snowmeow

Joined: 03 Oct 2005 Location: pc room
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Posted: Thu Jan 04, 2007 8:26 am Post subject: |
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Thank you all for the information, especially for that phone number. My boss is usually pretty good but I am not going to bend over and cross my fingers like he is expecting me to do.
I've written an amendment to the working contract with some help from my father, and it will be the only thing I will be willing to sign tomorrow.
Format is messed up due to cut and paste, and names are removed
***************************
Amendment to Working Contract
In reference to the employment agreement made by and between __________________________ (�Employer�) and ___________ (�Employee�) and dated (date) such agreement is hereby amended to include the following condition.
1. The name of the employer has been changed from (old name) to ____________________________ as of January 2, 2007.
The undersigned agree that the terms of this amendment are made effective as of January 5th, 2007.
___________________________ ______________________________
Date Employer
______________________________
Employee |
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Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
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Posted: Thu Jan 04, 2007 5:11 pm Post subject: Re: Hagwon changed name and wants to edit existing contract |
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Snowmeow wrote: |
He refuses to use the old dates, saying that Immigration knows about the situation and that I shouldn't be concerned. But to me it doesn't seem like a safe thing to do, and I am very reluctant to sign anything at this point. |
To sign as is, I'd be reluctant too. As has been pointed out, it's probably a way to get out of paying severance and airfare. HOWEVER, if his "new contract" also included clauses stating he would pay the one month severance and the return airfare at the end of this 4 month contract, then you're covered. It would be a matter of contract law, and he'd be bound by it. The Labor Board would uphold such clauses as binding, too. |
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ilovebdt

Joined: 03 Jun 2005 Location: Nr Seoul
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Posted: Thu Jan 04, 2007 5:35 pm Post subject: |
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Why doesn't he just submit your old contract again and change the first part to say: This contract is between Mr Kim's Sweat Shop formally known as Mr Ju's Sweat Shop and etc and include in the contract details about the name change?
Or is that too simple?
As other people have said, I would be wary of signing a new contract with different dates because he MAY try and screw you re severance etc.
ilovebdt |
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Snowmeow

Joined: 03 Oct 2005 Location: pc room
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Posted: Sat Jan 06, 2007 12:58 pm Post subject: |
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I was mistaken, the reason they wanted me to sign the "new" contract with the changed dates was that the ownership and type of business had changed from single person, to a stock company.
I did refuse to sign, and gave them my amendment form instead, and I didn't hear anything else about it that day.
edit - changed the words "publicly traded" to stock
Last edited by Snowmeow on Sat Jan 06, 2007 3:57 pm; edited 1 time in total |
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bellum99

Joined: 23 Jan 2003 Location: don't need to know
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Posted: Sat Jan 06, 2007 2:45 pm Post subject: |
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Snowmeow wrote: |
I was mistaken, the reason they wanted me to sign the "new" contract with the changed dates was that the ownership and type of business had changed from single person, to publicly traded company.
I did refuse to sign, and gave them my amendment form instead, and I didn't hear anything else about it that day. |
---This is almost impossible for a standard school. Are you working for a large franchise like Pagoda? A small English school wouldn't be able to become a publicly traded company. Perhaps they are looking for "reasonable" excuses to get you to sign....I smell a Korean butt-rush coming. |
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Snowmeow

Joined: 03 Oct 2005 Location: pc room
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Posted: Sat Jan 06, 2007 4:04 pm Post subject: |
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The school has multiple branches but as far as I know it is local to Busan.
Hmm I was told that the school is now part of a "stock company" which I guess is not the same as being a publicly traded company, that was my mistake. It could be more along the lines of the Wikipedia definition of joint stock company:
"a type of business partnership in which the capital is formed by the individual contributions of a group of shareholders. Certificates of ownership or stocks are issued by the company in return for each contribution, and the shareholders are free to transfer their ownership interest at any time by selling their stock holding to others."
A new concern that my parents brought up with me is the issue of accountability. At this point, I am not even sure who it is that I need to be in touch with when I have a concern that needs to be addressed. The former owner doesn't seem interested in responding to me or my mother. I think the former owner has a good chunk of ownership in the company still but this is all so new (only heard about it Friday) that I don't know much about the situation. |
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ChuckECheese

Joined: 20 Jul 2006
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Posted: Sat Jan 06, 2007 4:24 pm Post subject: |
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Don't sign anything until you know the full scoop.
It seems like hagwon master is trying to confuse you into signing a new contract to screw you in someway. |
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freethought
Joined: 13 Mar 2005
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Posted: Sat Jan 06, 2007 4:57 pm Post subject: |
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not that this is anything new, but I would do as someone suggested; include a specific statement in the new contract stating that at the end of the contract the school owes you one month and a plane ticket.
I had a three name changes, and a bankrupcy happen to me when I worked at a hagwon, and in my view name changes are the respite of the washed up celebrity, crazies and failing hagwons. |
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