Korean Job Discussion Forums

[mr. positive]

I was hired by my hagwon to teach a new class that the school was going to start offering with my hire (sorry to be a little vague, but this is public domain). Long story short, I am a very experienced teacher and I have been doing my best, but I received almost no guidance and no support from the management and have thus been left with very little input by which to shape my class to suit my students' wants and needs.

Now that enrollment is down (largely because students are up upon their final exams), my buwonjang told me yesterday that I have been on probabtion since my student numbers went below a certain mark (this stipulation is in my contract) and that if they don't pick up by next month, I will be dismissed. Whether or not my numbers will go up next month is largely up to the office there where the students call to register, and you can guess that if they want me out, my numbers won't go up enough to reach the I-get-to-keep-my-job mark.

So, as the subject line says, I'm being forced out - so what can I do? The only thing I know of in my favor is that labor law stipulates that employers must give 30 days advance notice of termination in writing, notice which has only been given orally thus far, so that is in my favor. At the very least I can get 30 days MORE pay from this day on. However, I've only been there two months - will that hurt me? Article 35 of the Labor Law reads:

Article 35 (Exception of Advance Notice of Dismissal)

The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:
1. a worker who has been employed on a daily basis for less than three consecutive months;
2. a worker who has been employed for a fixed period not exceeding two months;
3. a worker who has been employed as a monthly-paid worker for less than six months ;
4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and
5. a worker in a probationary period.

I have been a monthly-paid worker for less than six months as point 4 states; does that mean I would get nothing?

In addition, I stupidly only have a contract in English which would make me a fixed period worker; I have nothing official in Korean (I am an F-2 visa holder so I don't even technically need a contract, but stupidly accepted just an English one because I would never need one in Korean - ha ha). How would that affect my chances filing a complaint with the Labor Board?

Thanks in advance for responses; since I'm not being treated fairly, I want to be able to get the pay I at least deserve legally.

[Yu_Bum_suk]

Why did you sign a contract like that?

My advice: get your release letter and a new job with a better contract.

[mr. positive]

I do not need a release letter - I am an F-2 visa holder. At the time, I thought a minimum # of students clause was reasonable because the minimum number of students is necessary to pay my salary. I did not count on receiving no support in fine-tuning my classes to meet students' needs and wants and this causing my numbers to decline rather than poor performance on my part. Besides, I just talked with Mr. Bong-Soo Jung at Kangnam Labor Law Firm and he told me that that is not reasonable grounds for dismissal, contract or not.

If anyone else feels a need to tell me I'm stupid or should have done something different, please have a heart, think about how you would feel in my situation, and just don't. I never thought I was going to end up in this situation either. Nobody in life avoids all trouble simply by being "smart enough", so please don't just tell me to get smart. That does zero to help me right now. If you don't want to help, please just move on to the next discussion.

[poet13]

No dirsrespect intended, but it looks like they're looking for an excuse to get rid of you. You have a great situation being an F-2 holder. My advice. Start looking for another job without a 50 student stipulation. You're only a few months in so you're not losing a lot in the way of severance.

F-2 = power. Use it.

[genezorm]

my advice: let them force you out, you do not control the number of enrolled students, you should find a better job
if you want to take legal action, let them fire you, and do so after they force you out

[mr. positive]

Thank you, genezorm and poet13. I am leaning towards your plan, genezorm - let them fire me and then pursue action. Poet13, you are EXACTLY right. The buwonjang is not happy because I am "subverting" him by asking for the information I need to do my job well, and for other details I don't want to share online.

[ttompatz]

Oh, hell.... start poaching students and to heck with the hakwon.

Get a cheap phone, pass out a business card with said number to your students and then just quit.

Oh, and legally, you are under 6 months and they do not have to give notice or a reason to terminate you.

In your favor, you don't need to give notice to them either.

Just move on.

[mr. positive]

ttompatz, I thought you were a by-the-book guy and wouldn't encourage private teaching! (or maybe I'm just mistaken and you just know the book really well)

Are you positive about the six-month thing?

[ttompatz]

[rhinocharge64]

Mr. Positive, am I right in thinking your F2 is the married visa, if so your perfectly legal to teach privates. My mate is married to a local lass and he use to bob down to immi to inform them of new privates. They got tired of seeing him, and told him not to bother coming again.

[Ramen]

[rhinocharge64]

My bad, he's just walked in, I asked him and I'd got the wrong end of the stick. You don't!!!

[driftingfocus]

[teachergirltoo]

I had a friend who came here last September and after a few months her employer's business started to dwindle also. She didn't waste one second worrying about it. She gave him 30 days notice to do things proper. She was an experienced teacher so she posted her resume and three days later she got an awesome public school job offer and has never looked back. Don't allow something like a job to cause you stress - do what you have to do and move on. There are lots of good positions out there.

[ttompatz]