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Hagwon was sold, do I have options? New-The Final Chapter!
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Sector7G



Joined: 24 May 2008

PostPosted: Wed Feb 25, 2009 6:02 pm    Post subject: Hagwon was sold, do I have options? New-The Final Chapter! Reply with quote

Submitted to the elders of the board, or anyone else who may know.

Ok, the hagwon I've been at for all of 4 days has been sold, and I am not sure how it will all shake out. I just found out yesterday from the western teacher who I am replacing. He only found out the day before and felt obligated to tell me because I based much of my decision to accept the school's offer on his testimony of how great the school and owner were to work for. Well that, and the 2.7 a month I was able to negotiate.

Now it may end up being a seamless transition with nothing to worry about. And the guy who I am replacing seems to think I have security as I will be the only western teacher there. But what if the new owner turns out to be a total horror story like one hears about on this very board? And what if he doesn't like the higher salary I am getting? As new owner can he make a clean sweep? And speaking of that, would I have a legal way out of the contract now too if I wanted it since my agreement was with the old owner( not saying I do, but if I did)?

Also, it seems like I have read somewhere on Dave's that with a change of ownership I would also have to make a visa run to make the changes on my visa. Does anyone know anything about that?

Thanks for any light that can be shed on this situation.


Last edited by Sector7G on Wed Jul 29, 2009 2:02 am; edited 2 times in total
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Xuanzang



Joined: 10 Apr 2007
Location: Sadang

PostPosted: Wed Feb 25, 2009 6:23 pm    Post subject: Reply with quote

Play it by ear. I wouldnt get too comfortable in the transition period though.
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dean_burrito



Joined: 12 Jun 2007

PostPosted: Wed Feb 25, 2009 6:27 pm    Post subject: Reply with quote

2.7 seems a little high for a hagwon unless you have to teach extra classes. The new owner may not like that wage. That's just a hunch though.
On the other hand the new owner may be relieved that he has native speaker guaranteed for his first year in the business. I'd give the new owner a small gift and make friends from the start.
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Fredbob



Joined: 18 Nov 2005
Location: Yongin-Breathing the air-sometimes

PostPosted: Wed Feb 25, 2009 7:38 pm    Post subject: Reply with quote

Pretty sure you could still demand severance pay and return airfare from your original boss and that you need to have a new contract/visa from your new boss. That's pretty easy money, if you already have your visa. Good luck actually getting it, but I'm pretty sure it's within your rights, so.. you could ask for the lump sum or try to get the new boss to up your wages pro rata for the money they aren't giving you, which they legally need to do, IF you already have your visa that is.

On another note, BE CAREFUL, I'm pretty sure that when a school changes owners, they need a new business number, don't ask your boss this, new or old, find out from esllaw or immi. That's important because if you let it slide, you could suddenly find yourself working illegally. Chances are your new boss won't have a clue about any of this, being that he/she is jumping into the hagwon biz now, of all times.
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Sector7G



Joined: 24 May 2008

PostPosted: Sat Feb 28, 2009 7:00 pm    Post subject: Reply with quote

Fredbob wrote:
Pretty sure you could still demand severance pay and return airfare from your original boss and that you need to have a new contract/visa from your new boss. That's pretty easy money, if you already have your visa. Good luck actually getting it, but I'm pretty sure it's within your rights, so.. you could ask for the lump sum or try to get the new boss to up your wages pro rata for the money they aren't giving you, which they legally need to do, IF you already have your visa that is.

On another note, BE CAREFUL, I'm pretty sure that when a school changes owners, they need a new business number, don't ask your boss this, new or old, find out from esllaw or immi. That's important because if you let it slide, you could suddenly find yourself working illegally. Chances are your new boss won't have a clue about any of this, being that he/she is jumping into the hagwon biz now, of all times.


Thanks for the comments.

Fredbob I am a little unsure what you are saying in the first paragraph about "easy money". Why would I be owed a "lump sum"? Could you clarify please?

Anyway, from what I have been able to find out online, the consensus is that with new ownership I will need a new contract and visa. Which of course means that the new owner could renege on the provisions of my current contract if he chooses.

http://www.efl-law.com/deceptive-practices.php#4

Will he? I will find that out in the next few days.

But does anyone know if I can also use this as a legal way out of the contract. I mean if he tries to change something in the contract, and I refuse to accept the changes, I should be free to seek employment elsewhere, right? Now I am not so naive as to believe it will actually be that easy, but theoretically it should be, right?

I will call Immi and labor board on Monday to get a more definitive answer, but in the mean time would welcome any thoughts on the matter.
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bobbybigfoot



Joined: 05 May 2007
Location: Seoul

PostPosted: Sat Feb 28, 2009 7:11 pm    Post subject: Re: Hagwon was sold, do I have options? Reply with quote

Sector7G wrote:
Well that, and the 2.7 a month I was able to negotiate.



Now you know why you were able to negotiate this wage. Last boss knew he was outta there. New boss' problem. Hopefully the new boss honours the contract, but what are you going to do if he says we need to work out a new contract?
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Sector7G



Joined: 24 May 2008

PostPosted: Sat Feb 28, 2009 7:19 pm    Post subject: Re: Hagwon was sold, do I have options? Reply with quote

bobbybigfoot wrote:
Sector7G wrote:
Well that, and the 2.7 a month I was able to negotiate.



Now you know why you were able to negotiate this wage. Last boss knew he was outta there. New boss' problem. Hopefully the new boss honours the contract, but what are you going to do if he says we need to work out a new contract?


Well, that was actually my question. I am thinking theoretically I would have to agree to any changes or I would be free to leave. Because I am not really worried about finding a new job, that would be the easy part. The hard part is that the new owner could make it difficult for me.
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Fredbob



Joined: 18 Nov 2005
Location: Yongin-Breathing the air-sometimes

PostPosted: Sun Mar 01, 2009 1:15 am    Post subject: Reply with quote

Sorry it took a while to get back to you, technically, New owner=New school=New visa=New Contract. So, you were terminated early, through no fault of your own, according to the law, you deserve some kind of severence payment. But there could be some kind of clause since you weren't there for very long.
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Sector7G



Joined: 24 May 2008

PostPosted: Tue Mar 10, 2009 5:47 am    Post subject: Reply with quote

Yeah, it looks like I am getting screwed.

Since I last posted the old owner practically got down on her hands and knees begging me to stay, swearing that the new owner would honor the contract, swearing that nothing would change.

So even though I didn't hold much stock in her promises, I figured the new owner would not change things or go belly up for at least a few months. You see, I was in need of a paycheck, and I figured that it would hurt me just as much or more to leave now as it would to leave later. So I weighed the risks and decided to stay.

Fast forward to today. The old owner, who has still been coming in during the transition, told me right as I was preparing to teach that the new owner wants me to teach 7 classes a day starting in April. And since it's technically under the 30 hours in my contract, because the classes are only 45 minutes long, I will not be receiving any additional pay, as she had promised when she was begging me to stay.

Well, I ain't gonna stand for it. I am going to immi tomorrow to cancel my visa. But even if they don't cooperate I will leave the country before I let this happen.
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geldedgoat



Joined: 05 Mar 2009

PostPosted: Tue Mar 10, 2009 6:01 am    Post subject: Reply with quote

So you would be teaching an extra class in exchange for shorter classes? Did they tell you there would be extra work involved? Are you losing break time or something?

If your total teaching hours are remaining unchanged it doesn't seem like that big of a deal (especially considering you're going to have to pay for a flight back home).
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Sector7G



Joined: 24 May 2008

PostPosted: Tue Mar 10, 2009 6:18 am    Post subject: Reply with quote

geldedgoat wrote:
So you would be teaching an extra class in exchange for shorter classes? Did they tell you there would be extra work involved? Are you losing break time or something?

If your total teaching hours are remaining unchanged it doesn't seem like that big of a deal (especially considering you're going to have to pay for a flight back home).


No, currently I teach six 45 minute classes a day. They want me to teach an additional class a day for no additional compensation.

Maybe it doesn't seem like a big deal but I was already hesitant to stay when the hagwan was sold 4 days after I arrived.(read the rest of the thread) I stayed because the old owner swore nothing would change and because of the hassle of starting all over again. Even my Korean friend warned me to leave.
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Straphanger



Joined: 09 Oct 2008
Location: Chilgok, Korea

PostPosted: Tue Mar 10, 2009 6:23 am    Post subject: Reply with quote

Sector7G wrote:
Yeah, it looks like I am getting screwed.

Fast forward to today. The old owner, who has still been coming in during the transition, told me right as I was preparing to teach that the new owner wants me to teach 7 classes a day starting in April. And since it's technically under the 30 hours in my contract, because the classes are only 45 minutes long, I will not be receiving any additional pay, as she had promised when she was begging me to stay.

Well, I ain't gonna stand for it. I am going to immi tomorrow to cancel my visa. But even if they don't cooperate I will leave the country before I let this happen.

So...You're going to break your contract, that you signed in good faith, which was a 30 hour a week contract for 2.7? In this market?

You've got a set of brass ones, I'll give you that. You don't have a leg to stand on.
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Sector7G



Joined: 24 May 2008

PostPosted: Tue Mar 10, 2009 7:03 am    Post subject: Reply with quote

Straphanger wrote:
Sector7G wrote:
Yeah, it looks like I am getting screwed.

Fast forward to today. The old owner, who has still been coming in during the transition, told me right as I was preparing to teach that the new owner wants me to teach 7 classes a day starting in April. And since it's technically under the 30 hours in my contract, because the classes are only 45 minutes long, I will not be receiving any additional pay, as she had promised when she was begging me to stay.

Well, I ain't gonna stand for it. I am going to immi tomorrow to cancel my visa. But even if they don't cooperate I will leave the country before I let this happen.

So...You're going to break your contract, that you signed in good faith, which was a 30 hour a week contract for 2.7? In this market?

You've got a set of brass ones, I'll give you that. You don't have a leg to stand on.


Good Faith!! Yes, I am glad you brought that up. I signed a contract in good faith with the old owner who most likely knew she would be selling the joint in a couple weeks. Talk about good faith! Selling a hagwon doesn't happen overnight.

As far as having a leg to stand on, my Korean friend called immi when this first started happening and they said I do not have to accept a contract with the new owner if I don't want to. The only thing that worries me is if I waited too long to decide because of the promises made.

2.7 sounds good on the face of it, but for 35 classes a week? I made 2.2 last year for only 24 classes and had plenty of, let's just say, cultural exchanges on the side, to do just fine. The market is the least of my worries. I turned down 7 solid offers to take this job. In retrospect thinking too much about "the market" probably made me make the wrong decision.
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mekku



Joined: 22 Jul 2006
Location: daegu, korea

PostPosted: Tue Mar 10, 2009 7:03 am    Post subject: Reply with quote

Sector7G wrote:

The old owner, who has still been coming in during the transition, told me right as I was preparing to teach that the new owner wants me to teach 7 classes a day starting in April.
And since it's technically under the 30 hours in my contract, because the classes are only 45 minutes long, I will not be receiving any additional pay, as she had promised when she was begging me to stay.



so let me recap....your hagwon was sold right after you got here (a shitty situation, i'll definitely give you that). you have somehow let yourself believe promises from your old boss even though they legally have no say over anything- the only person you should be talking to about this is the new owner- sounds like wishful thinking for you to think your old boss had any control over this. your new boss wants you to work within your contract hours. because they want you to teach one more class for whatever pay is in your contract, you have decided you should leave the country.

i don't know if your 2.7 million was in the contract, if not it is definitely a case of too good to be true. odds are your old boss was well aware of the fact it was being sold before you were hired- i don't know why else you would start at 2.7 when the vast majority of people start at around 2.3.

I teach 6 classes a day a few days a week. It isn't abnormal and I only work about 20 hours a week. 6 45-minute classes is only a 4.5 hour workday plus whatever break(s) you get.

you don't mention any previous experience yet you come here expecting to get paid much more than the average foreign teacher here for a typical amount of work and now you are ready to leave. fair enough- leave if you really think it is that bad. with the job market in most countries nowadays horrific, i would say that is a bad choice. but judging from the limited info i've seen on here, my first impression is good riddance to you. the impression might be wrong, it might not.
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Straphanger



Joined: 09 Oct 2008
Location: Chilgok, Korea

PostPosted: Tue Mar 10, 2009 7:14 am    Post subject: Reply with quote

Sector7G wrote:
2.7 sounds good on the face of it, but for 35 classes a week? I made 2.2 last year for only 24 classes and had plenty of, let's just say, cultural exchanges on the side, to do just fine. The market is the least of my worries. I turned down 7 solid offers to take this job. In retrospect thinking too much about "the market" probably made me make the wrong decision.

This is within the terms of your contract. If you want to, "in retrospect" as you say, break the terms of your contract, it's up to you. Be advised though, this puts us all in a bad light. You signed for 30 hours. You need to teach 30 hours.
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