Korean Job Discussion Forums

[mercedes]

I'm on my second Korean contract.

While the first didn't go so well, we both stuck it out to the end, and parted as friends.

Before I left, I made a deal to come back and work for one of the former managers of my old school, who had recently started his own hagwon, because he promised me a higher salary, a managerial position, and a job for my wife, even though he knew my wife is ineligible for an E2 visa.

Since I have returned, there have been problems.

I came back on a visitor�s visa with a promise of going to Japan once all the paperwork was in order, but I started working before I had my E-2 visa. Within a week, immigration showed up at the school and I was told to lay low for a while. Nothing really happened because all the paperwork was processing, the school just told them that I was training and not doing any teaching.

My wife was not so lucky.

Immigration popped her, got her to sign a confession admitting that she taught illegally, and she was fined 1 million KRW, the school was fined 2 or 3 (I don't remember which); however, the school covered all the expenses and my wife started working from home, correcting speaking responses.

When I first started working for the school, they told me that they wanted to hire at least 16 new foreign teachers, that I would be in charge of them, and to recruit as many people as possible. I did find one teacher who signed a contract, left to go home, and was told, after getting all the necessary background checks and whatnot while in his home country, that the school was breaking the contract and would not hire him.

Initially, I was working nine to twelve hours a day, six days a week, teaching between 30 and 42 classes, and making 3 million won. My wife was working at home, illegally, and making 1 million. At the beginning of this month, I was told that I was being taken off active duty as a teacher, my hours and salary were being reduced to 45 and 2.5 million, repectively, and I was moved to a new program, preparing material for a textbook.

In addition to my new duties writing the textbook, my wife was fired and I was told to take over hers as well, grading speaking responses.

Now, my employer told me today that I am not correcting the speaking responses, or writing the essays, fast enough, and that I am to complete these tasks at home for no extra pay, or he will fire me.

It feels like the school is trying to get out of the contract by giving me an impossible task and penalizing me for non-fulfillment.

I was given 24 hours to make the decision.

I am four and a half months into my current contract.

My questions are:

1. Can E2 visa holders, who have completed less than six months of their contracts, switch jobs without having to go to their home country for a criminal background check, medical examination, and interview if they do so before March 15th, 2008?

2. If my employer fires me, and gives me 30 days notice; do I have 30 days to vacate the apartment they have provided? and Am I required to work those 30 days?

3. What recourse do I have with the Labor Board in regards to my new duties and my employer�s dissatisfaction with them?

Any help you can offer would be greatly appreciated.

Thank you

[bassexpander]

I advise you to visit efl-law.com (or is it .org now?) and ask these questions.

[mercedes]

I went to them first, but their forums are currently down.

[roknroll]

1. yes you can switch (i'm in the process now and just shy of 6 months). because you don't have 9 or 10 months on your current visa, you do not get the march 15th grace period. so u have to submit the crim. check, fill out the medical questionairre and complete the medical within 90 days of getting your visa (or ARC it may be).

2.demand to stay in your apt until the final day in the notice. you may or may not have to work those days, depends on the employer. if they have a replacement now, probably not---no replacement means u'll be working.

3. u could try seoul help center for foreigners 1688-0120. they can call and get info for u. try the stickies here and past threads while waiting for someone with experience here.

[littlelisa]

Warning: I am not an EFL law expert.

I would guess you can't do anything about your wife, since she's here illegally, but do you have a contract? What does it say about your salary? I'm not sure he could just change it like that without getting you to sign an amendment to the contract. Did you?

Probably a lot depends on your contract and what it says. You may have a case for labour board, you may not. My guess is that you may.

Depending again on what it says in your contract, he can't make you do any unpaid overtime, and so he can't fire you for refusing.

Yes, you'd probably have 30 days to vacate the apartment, and you would have to work those thirty days. If he decided that he wanted you fired immediately, he would still have to pay you for those 30 days, though.

It doesn't sound like you'd get a letter of release from him, so my guess is that yes, you'd need to do the criminal check, etc, but probably wouldn't have to return to your own country since you've been in Korea before.

But I'm no expert on the law; this is mostly info that I've picked up from other people's posts on this board. Maybe someone with more information and knowledge could confirm or deny?

[Fresh Prince]

Wow, sorry to hear this has happened to you.

[mercedes]

roknroll:

Thanks for the information; I will try to call the number tonight and tomorrow.

I don't think they're replacing me with anyone. The school seems to have abandoned their plans to hire more foreign teachers.

littlelisa:

My contract stipulats 2.5 mil a month, and I was working overtime for 3. Since I am no longer working overtime, the salary reduction makes sense. I am now back at my contracted salary.

I don't know how amenable my employer would be to a letter of release; although, from the meeting we had this afternoon, he seemed intent on getting rid of me if I didn't comply.

Fresh Prince:

They took me off teaching to work on this book.

There are no other foreign teachers at my school. Originally, they told me to recruit people, and I found some, but most of them were not interested in the long hours, no matter what the pay. The one guy who did sign up got shafted when they decided not to honor the contract after he got all his return documents in order.

They gave me 24 hours to decide whether or not to do the extra work for no extra pay.

[TheChickenLover]

Sounds like he's worked you guys like slaves & now he doesn't want to pay you anymore.

My honest advice is this. Simply be fired & leave. Go somewhere & enjoy your time together away from this stress. Find a new job & return legally on your side while you wife accompany's you on an F-3 visa.

You should have enough savings. I can honestly tell you that your boss DOES need you more than you need him. This will not be the last job you'll ever have. I suggest you get rid of all the negative stress in your life & look for something better.

PM me if you need a hand, I can provide practical assistance if needed.

Chicken

[Fresh Prince]

[mercedes]

[roknroll]

boss: you have 24 hours to decide if you want to work the extra time for no pay

teacher: that's a generous amount of time. (thinks to himself: should i tell him to go f himself now or pretend to think about it and tell him to do it tomorrow).

[TheChickenLover]