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pkim
Joined: 11 Jun 2006
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 Posted: Tue Apr 17, 2007 4:52 am Post subject: hagwon merge between 2 branches |
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| Does anyone know the legal aspects of a merge between hagwons? and how it works? So basically an internal transfering of teachers... |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Apr 17, 2007 4:58 am Post subject: Re: hagwon merge between 2 branches |
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| pkim wrote: |
| Does anyone know the legal aspects of a merge between hagwons? and how it works? So basically an internal transfering of teachers... |
There is NO legal "internal transfering of teachers".
They must get permission from immigration and have the change noted on your ARC if:
a) YOU are changing employers (old location, new owner / change of business registration)
b) YOU are changing locations (same owner, changed location).
Failure to do so will invalidate your E2 and leave you subject to prosecution as an illegal worker.
Potential penalties are fines of 500k - 20 million for you, a black mark on your immigration file AND possible deportation.
Your boss risks an equal fine. |
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pkim
Joined: 11 Jun 2006
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| Posted: Tue Apr 17, 2007 5:49 am Post subject: |
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that sounds easy enough. Don't think they'll have an issue there.
What about contracts? does this affect contracts? if so how. Am I liable for a new one? and if so, does it have to be similar to the current teachers working at that particular hagwon? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Apr 17, 2007 5:58 am Post subject: |
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| pkim wrote: |
that sounds easy enough. Don't think they'll have an issue there.
What about contracts? does this affect contracts? if so how. Am I liable for a new one? and if so, does it have to be similar to the current teachers working at that particular hagwon? |
You just need an amendment page that says your new boss will honor the time, terms and conditions of the original contract.
You may get screwed out of your severance however because you will not have worked a full year with any one particular employer. Article 34 of the labor act requires you to work a full year for the SAME employer to be eligible for severance.
Good luck either way. |
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Squid
Joined: 25 Jul 2003
Location: Sunny Anyang
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| Posted: Tue Apr 17, 2007 1:10 pm Post subject: |
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T-patz is right on the money... except for you don't work on an E2, so immigration is not interested in where or for whom you work.
You're F4, so I'd think you can quietly renegotiate the contract to be on a par with the 2.2 you mentioned, and continuation of severance and vacation entitlements... otherwise, galling as it may be to see 6 months of severance go down the toilet, you quit.
An unusual situation... but pointing out the alternative costs of flying in a newb is your bargaining chip. Best of luck with it, and I'd be interested to know the outcome. |
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