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jackson7
Joined: 01 Aug 2006
Location: Kim Jong Il's Future Fireball
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 Posted: Mon Feb 26, 2007 6:09 am Post subject: Same owner, new franchise, new contract... |
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So here's the deal...
Most of the foreign teachers at our hagwon have just passed the six-month mark. We have changed locations, and franchise, from a YBM-ECC to an Avalon school. Our hagwon is still under the same owner.
Anyway, because we're changing work times, hours, etc., we have been presented with a new contract to negotiate and sign. Most of it is the same ol' stuff, and we're in a position to receive higher pay, but this is my question:
Technically, has the contract we originally signed been broken, because we have been told we have the option to NOT sign this contract and find other work, if we want. In our home countries, if one signs a contract for a given amount of time, and is expecting to be paid for that time, and the contract is broken, there must be some sort of buy-out by the employer.
Are we entitled to a buy-out if we do not sign the contract with Avalon, or has the employer fulfilled his obligation to provide us with work because we are now presented with this similar hagwon opportunity?
Some of the teachers have 3, 4, or 6 months remaining on the former contract, so we're all wondering what technicalities will come into play, and we're all getting some serious specifics regarding airfare, severance for time put in, etc. |
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alabamaman
Joined: 25 Apr 2006
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| Posted: Mon Feb 26, 2007 7:01 am Post subject: Re: Same owner, new franchise, new contract... |
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Is there a clause in your labor contract regarding modifications to your labor contract? Please post the contract modification clause. I'm going to assume you have a clause stating "Both parties have to mutually agree in writing prior to such contract modifications." If that's the case, then the terms and conditions of your labor contract haven't been violated because you have not been "forced" to rewrite any provision in your labor contract.
If your employer told you, "Sign another labor contract, or you're we'll have to let you go, (or anything similary to)" then that would be another story. That would constitute an illegal dismissal. That hasn't happened to you though.
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| Are we entitled to a buy-out if we do not sign the contract with Avalon, or has the employer fulfilled his obligation to provide us with work because we are now presented with this similar hagwon opportunity? |
Do you have a such a clause in your contract? If you do, then you're entitled to a buy-out.
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| Some of the teachers have 3, 4, or 6 months remaining on the former contract, so we're all wondering what technicalities will come into play, and we're all getting some serious specifics regarding airfare, severance for time put in, etc. |
Severance:
Your severance is the average of the last three (3) working months wages including overtime. Only income tax may be deducted from your severance pay. Your employer should be prohibited from reducing hours to reduce your severance and load up on the overtime the last three (3) months of your contract.
Airfare:
If your employer purchased round-trip airfare:
The employer should purchase one (1) round-trip airline ticket for you prior to departing for Korea. When you complete the labor contract, the employer should provide you with with the return portion of the round-trip airline ticket.
If you resign before six (6) full months of employment have been worked, then your employer will expect you to reimburse him/her for the cost of the round-trip ticket from the �point of hire� to South Korea.
If you resign after six (6) full months of employment have been worked, then your employer will expect you to reimburse him/her for the cost of the round-trip ticket from Korea to the "point of hire."
The cost of the airfare should be specified in the labor contract if there exist such a clause for reimbursing your employer.
Reimbursing your employer for early resignation makes sense to a certain degree but reimbursement due to dismissal isn't acceptable. Don't settle for that. Hagwon owners have built reputations for dismissing teachers near the end of the contract term to so they can't collect severance, airfare, and the last working months wages.
Pay receipts
The employer shall provide the instructor an accurate summary (pay receipt) each month on payday clearly stating the nature and amount of all deductions, taxes, and salary. Pay receipts shall bear the name, address, phone number, and registered stamp of the employer. Pay receipts shall be established as an official record of pay received and deductions withheld.
Contract Modifications
This labor contract represents the entire understanding between the employer and instructor with respect to the subject matter hereof and supersedes all prior communications, agreements and understandings relating hereto. The provisions of this labor contract may not be modified, amended or waived, except by a written instrument duly executed by both parties.
Last edited by alabamaman on Mon Feb 26, 2007 8:02 am; edited 6 times in total |
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bnrockin
Joined: 27 Feb 2006
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| Posted: Mon Feb 26, 2007 7:37 am Post subject: |
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"Technically, has the contract we originally signed been broken, because we have been told we have the option to NOT sign this contract and find other work, if we want."
So basically, they are saying in a nice way "If you don't sign, you're fired." This really sounds a lot like the "Friday night" incident that one chap had with who I want to remember was Pagoda. If that's the case, then it's illegal. |
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jellobean
Joined: 14 Mar 2006
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| Posted: Mon Feb 26, 2007 6:43 pm Post subject: |
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I think if you chose to NOT sign the new contract, they would need to give 30 days notice or 30 days pay.... If he gives you 30 days notice or pay, I'm pretty sure it is legal...
You have a contract with the owner (he's the one who signed, correct?).... Unless he is bankrupt, I would think he is liable to pay up under the contract, regardless of the name of the school... |
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