Korean Job Discussion Forums

deep_creek_bob · Joined: 16 Jan 2007 Location: Seoul

Hi,

I have been working at a hogwan for nine months now. Although my boss has not disclosed it to the employees yet, he plans to do one of two things:
close the school at the end of February or sell it to our current manager (who seems to think that the foreign teachers don't work enough and wants to bump up my hours even though we signed a contract saying I would only work a certain number) .

I have several questions:
1) My contract: Is it still valid, even with the transfer of ownership? I am contracted only to work a certain number of hours per month--does this still stand if the new owner wants me to work more hours than my current contract states? What about my pension and my severance pay? Am i entitled to this at the end of a year even if ownership has been transferred?

2) My contract: If my boss decides to close the school at the end of February, can I get my severance pay and flight ticket home? I've already worked nine months and am out of work through no fault of my own, so what can I demand from him? If the school closes and I decide to leave Korea, am I entitled to my pension up until that point? Does anyone have any similar experiences with school's closing? What is a good tactic to try and get as much as I can out of my boss?

3) Flight ticket: My contract states that I was supposed to get my flight to and from korea paid for. My boss decided that, since I came to work with a friend (he hired both of us at once) that he should only have to pay for our visa run to Japan. At the time I didn't push the issue, but now am really upset about it. It may be that it's too late now, but since he's closing the school or selling it can I demand that be paid if he doesn't want to pay a severence or flight ticket home?

I'd really appreciate any advice anyone has for me. Thanks so much!

piscin · Joined: 25 Nov 2006 Location: Seoul

Bob; I'm sorry I don't have the answers to your questions. I'd imagine giving the Labour Board a call would probably be your best bet....

Also - I know it's frustrating when you can see 50 people have read your post , and no one replies..... Sorry mine is not the informative one you were hoping for.

Anyway - keep your head up, and make that call....

English_Ocean · Posted: Thu Jan 18, 2007 6:45 am Post subject:

Make the call. What's on your contract? I'm under the impression that your visa sponsor is responsible for your ticket home under Korean labor laws.

Also I copied this from somewhere, I've forgotten the source.

Article #: Early termination: In the event that either party should terminate this Agreement before the term of this Agreement has expired, for whatever reason; the EMPLOYER shall immediately pay the INSTRUCTOR:

(1) All outstanding salary and overtime remuneration.
(2) Severance and flight ticket costs commensurate with the number of months the Instructor has worked.

Make sure your contract exists in Korean even if you have to get it translated and notised in your country of origin.

Hope this helps.

thegadfly · Joined: 01 Feb 2003

Of course call the Labor Board, but I had a contract that stipulated that if the school were sold (or if the owner were to die or become incapacitated) that the contract with me would become null and void. I would assume that since he had that stuff put in that the default is that the contract stands even if the school changes ownership...although if it ALSO changes names and business licenses, that may be a different kettle of eels...dunno, so make the call....

spyro25 · Joined: 23 Nov 2004

i had this problem last year. call the labor board and immi too as your visa will be under your old bosses name not your new one. my new boss got into a lot of trouble over not doing all the paper work correctly. in his case i had to sign a new contract which exactly the same as my old one. your new boss may try his best to change your contract if he can get away with it, so make sure he doesnt do that.

good luck!

wisernow · Joined: 30 Dec 2006 Location: Korea

Regardless of the labor law you can only hope that your new boss will honor your contract as technically he can just close the school down for a few days and put up a new sign then just hire new teachers and not pay what you are owed. He could just tell you to speak to the old owner who you may have problems reaching as he could be in Guam vacationing. Of course if you are a valuable teacher the new owner may need you more then you might think to make sure that the students dont' drop out of the school.

If I were you I would talk to both men about this. Just a thought, If you were to extend your contract beyong your 12 months you could work out a deal to ensure that you get your severance pay after 12 months.

Again, I am not at your school and you should know what kind of a person your potential boss is and what kind of a person your current boss is. There are many good owners who will do the right thing. Just talk to them or try to read their heart.

justagirl · Joined: 17 Jan 2003 Location: Cheonan/Portland

Your contract and visa becomes void as soon as the hakwon is sold, because your visa is under BOTH your hakwon's name and your sponsor (your current boss).

If you continue at your school, you will have to sign a new contract with your new boss. After you do this, watch out! Your new boss can now say that he doesn't have to pay you the 12-month severance/flight home because you didn't work all 12 months. Technically, he's right, because you would be under new sponsorship and a new contract.

You will want to try to get everything owed to you by your current boss as soon as possible. Your new boss is not going to want to cover a flight home and an extra month's pay 2-3 months after you start working for him.

justagirl