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joshuahirtle27

Joined: 23 Mar 2008
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Posted: Mon Dec 29, 2008 2:14 am Post subject: It seems we have a month 0 in Korea. |
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I am obliged my my contract to fulfill 12 consecutive teaching sessions between the time I arrive in Korea and the last day of my visa (1 year)
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b. The term of this Agreement includes preparatory period, twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching session |
Which according to my calculations; if I began in March that would make January my 11th teaching session and I can leave in March with February being my last teaching session. I actually started 2 days into the March '08 session and my boss seems to think I should stay until the end of March. That makes 13 sessions and 13 months by my count.
I count like this:
MAR-1
APR-2
MAY-3
JUN-4
JULY-5
AUG-6
SEPT-7
OCT-8
NOV-9
DEC-10
JAN-11
FEB-12
Does anyone else see this or am I just wishing in the wind? How can I get my boss to see this since he's hellbent on me signing (basically) a one month contract to work until the 26th of March. (If he doesn't fire me which I'll post about in a different thread) I just want to do my time and go the frig home. |
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moosehead

Joined: 05 May 2007
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Posted: Mon Dec 29, 2008 2:23 am Post subject: |
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doesn't your contract have a date on it?
it's usually the first paragraph - this contract is dated ____ and ends _____ which is usually 1 year later (sometimes 2).
if it doesn't - and the onus is on you for not catching that!! - perhaps talking to immi might help since all E2s are issued on a 1 year basis - he'll have to extend you if he expects you to stay longer - are you on an E2 ? or what?
maybe if you explain he should also pay you an extra month's severance as well? and it's gonna be easier for him to get a new teacher starting in March rather than April?
try to help him see how this works for him - tho I have to hand it to him he's got a whole new way of screwing w/his NET.  |
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joshuahirtle27

Joined: 23 Mar 2008
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Posted: Mon Dec 29, 2008 2:28 am Post subject: |
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moosehead wrote: |
doesn't your contract have a date on it?
it's usually the first paragraph - this contract is dated ____ and ends _____ which is usually 1 year later (sometimes 2).
if it doesn't - and the onus is on you for not catching that!! - perhaps talking to immi might help since all E2s are issued on a 1 year basis - he'll have to extend you if he expects you to stay longer -
maybe if you explain he should also pay you and extra month's severance as well? and it's gonna be easier for him to get a new teacher starting in March rather than April?
try to help him see how this works for him - tho I have to hand it to him he's got a whole new way of screwing w/his NET. :roll: :roll: |
The contract is signed December '07 and I started on the 4th of March '08. I still have my ticket stub from Incheon. He's gonna pay me for the extra time I'm here but I know he's got a replacement for me already since my time is almost up.
You're saying that on top of the severance payment I'd get anyway after I'm done I should tell him he has to pay me extra on top of what I'd be paid for the hypothetical 13th month. |
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moosehead

Joined: 05 May 2007
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Posted: Mon Dec 29, 2008 6:14 am Post subject: |
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theoretically, yes, he'd need to prorate the 13th month for a 1 month severance - I'm thinking if you at least bring this up he's gonna flash on the fact you aren't swallowing his nonsense calculations.
as for the dates on the contract - not when it was signed - but on the first page - it's standard for any contract, anywhere to have a date as to when it goes into effect and when it ends - doesn't yours have one? heck, if it doesnt, chances are it could be null and void right then there - but of course that would be something you'd have to go to court over, which is pretty undesirable.
so - if the contract is undated, you need to figure out just what exactly it is you can tolerate, then go to him and make sure he understands you expect to be paid for the extra month - and bargain from there.
you also need to emphasize the necessity of discussing this matter with immi - again - if you are on an E2 or even an E1 - they are issued for 1 year - not 13 months - regardless of any contract - that right there might straighten him out - if you are level headed when you go to speak to them, you can have someone there call him and explain it to him why you need to have a contract extension because your visa will expire at the end of 1 year no matter what.
now, this is assuming there is NO date on the contract - so you need an extension to show when the old one started and ended and when the extension is going to take effect. immi isn't going to swallow it you were here 11 months and needed a 1 month extension if he tries to backdate it and you can prove on your pp you were here before then - plus showing paydates in your bank acc.
are you following this? I hope so. just don't lose your head over this he's really trying to screw with you - I don't think this is incompetence - it's more insidious - he's really trying to convince you of his twisted (lack of) logic.
good luck! |
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joshuahirtle27

Joined: 23 Mar 2008
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Posted: Mon Dec 29, 2008 6:21 am Post subject: |
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Thanks :) I think I get it. The contract doesn't have an official start day written on it (yeah, my fault of not picking up on that) and I'm here on an E-2 which I know is only good for one year. The contract comes into effect on my first day of teaching which was the day I arrived... March 4th. I have all of my pay stubs too...
I really don't see how he figures 13/12 months is okay and I somehow doubt he can do anything if I say I'm not going to sign up for an extra month. If I were him I'd be more interested in replacing me ASAP since according to him I'm the worst teacher there. |
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sojourner1

Joined: 17 Apr 2007 Location: Where meggi swim and 2 wheeled tractors go sput put chug alugg pug pug
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Posted: Mon Dec 29, 2008 6:33 am Post subject: |
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Most of these contracts don't have a start date because the start date is when you arrive and process through immigration at the airport and no one knows exactly when that will be as you wait for your visa. This is one reason why hagwons want you to teach ASAP of stepping off the plane. If you arrived on March 2nd, 2008, then you leave on March 1st 2009. That's the one year contract that is the same as the visa period. Of course you can get an extension.
The only way to get a contract written accurately is to go public school, plan ahead of time of actual start date, and arrive on that date such as February 29th. It's for 12 months at a time, but of course, you can get an extension should you be suckered into that 13th month you so don't want to work, because you're so rearin and ready to go get up outta here.
Check with NPS if your employer is paying in. |
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joshuahirtle27

Joined: 23 Mar 2008
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Posted: Mon Dec 29, 2008 4:18 pm Post subject: |
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sojourner1 wrote: |
Check with NPS if your employer is paying in. |
And if he's not?? |
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Jeff's Cigarettes

Joined: 27 Mar 2007
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Posted: Mon Dec 29, 2008 4:37 pm Post subject: |
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Well if he's deducting your portion and NPS has no acct for you...well you figure it out. |
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Zyzyfer

Joined: 29 Jan 2003 Location: who, what, where, when, why, how?
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Posted: Mon Dec 29, 2008 5:25 pm Post subject: |
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joshuahirtle27 wrote: |
Thanks I think I get it. The contract doesn't have an official start day written on it (yeah, my fault of not picking up on that) and I'm here on an E-2 which I know is only good for one year. The contract comes into effect on my first day of teaching which was the day I arrived... March 4th. I have all of my pay stubs too... |
Check your ARC and the visa in your passport. The end dates listed on first your ARC and second the visa determine how long you can legally work, not contract start dates or anything else. |
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joshuahirtle27

Joined: 23 Mar 2008
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Posted: Mon Dec 29, 2008 5:28 pm Post subject: |
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My ARC says March 4th and my visa is stamped that I entered the country on the 4th of march. My Visa has a final entry date of the 20th or something like that of April though. I don't know for sure since my passport is at the travel agency getting a china visa on it for Shanghai. |
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Zyzyfer

Joined: 29 Jan 2003 Location: who, what, where, when, why, how?
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Posted: Mon Dec 29, 2008 5:52 pm Post subject: |
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I believe that the ARC overrides the passport, but you should check with immigration to be sure. If it does, you'll have to get an extension to work there through March regardless of anything written on the contract, which your boss may find to be too much of a hassle. Whether he tries to wiggle out of paying severance is another matter entirely. |
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joshuahirtle27

Joined: 23 Mar 2008
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Posted: Mon Dec 29, 2008 5:53 pm Post subject: |
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Zyzyfer wrote: |
I believe that the ARC overrides the passport, but you should check with immigration to be sure. If it does, you'll have to get an extension to work there through March regardless of anything written on the contract, which your boss may find to be too much of a hassle. Whether he tries to wiggle out of paying severance is another matter entirely. |
But the thing is... I started in march so wouldn't that make February month 12? |
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Zyzyfer

Joined: 29 Jan 2003 Location: who, what, where, when, why, how?
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Posted: Mon Dec 29, 2008 5:58 pm Post subject: |
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joshuahirtle27 wrote: |
Zyzyfer wrote: |
I believe that the ARC overrides the passport, but you should check with immigration to be sure. If it does, you'll have to get an extension to work there through March regardless of anything written on the contract, which your boss may find to be too much of a hassle. Whether he tries to wiggle out of paying severance is another matter entirely. |
But the thing is... I started in march so wouldn't that make February month 12? |
Yes. Just giving you additional info so you're well-armed. |
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joshuahirtle27

Joined: 23 Mar 2008
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Posted: Mon Dec 29, 2008 5:58 pm Post subject: |
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Zyzyfer wrote: |
joshuahirtle27 wrote: |
Zyzyfer wrote: |
I believe that the ARC overrides the passport, but you should check with immigration to be sure. If it does, you'll have to get an extension to work there through March regardless of anything written on the contract, which your boss may find to be too much of a hassle. Whether he tries to wiggle out of paying severance is another matter entirely. |
But the thing is... I started in march so wouldn't that make February month 12? |
Yes. Just giving you additional info so you're well-armed. |
Oh Thanks. |
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kprrok
Joined: 06 Apr 2004 Location: KC
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Posted: Mon Dec 29, 2008 6:42 pm Post subject: Re: It seems we have a month 0 in Korea. |
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joshuahirtle27 wrote: |
I am obliged my my contract to fulfill 12 consecutive teaching sessions between the time I arrive in Korea and the last day of my visa (1 year)
Quote: |
b. The term of this Agreement includes preparatory period, twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching session |
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(bold is mine)
This is the part that your boss is looking at. He's counting you starting on March 4th as not teaching that "full teaching session" as you didn't teach the first day (3.3) and so to get 12 "full and complete" teaching sessions, you need to teach March 2009 as well. Your full and complete sessions were: April, May, June, July, August, September, October, November, December, January 2009, February, March. That makes 12.
I'm not saying this is correct, but this is probably how the boss is looking at it. |
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