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stevieg4ever
Joined: 11 Feb 2006
Location: London, England
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 Posted: Sat Aug 22, 2009 9:41 am Post subject: |
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| to those effected what have the embassies in your respective countries said?? and what have the SMOE commission said? surely you must of contacted them by now |
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winterfall
Joined: 21 May 2009
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| Posted: Sat Aug 22, 2009 1:17 pm Post subject: |
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Embassy's can't do anything. Technically you haven't started working for SMOE yet. So there is no breach of contract.
This is just an act of bad faith. |
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halfmanhalfbiscuit
Joined: 13 Oct 2007
Location: Seoul
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| Posted: Sat Aug 22, 2009 2:07 pm Post subject: |
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| winterfall wrote: |
Embassy's can't do anything. Technically you haven't started working for SMOE yet. So there is no breach of contract.
This is just an act of bad faith. |
+1 |
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Carla
Joined: 21 Nov 2008
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| Posted: Sat Aug 22, 2009 3:45 pm Post subject: |
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| I see a lot of people talking about getting your LOR and find another job. As far as I know, with NEW laws, the LOR is only good after you've worked 9 months at your current contract. If you haven't worked 9 months, your only choice is to cancel your visa and start from scratch. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Aug 22, 2009 5:06 pm Post subject: |
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| stevieg4ever wrote: |
| So does this mean the end of the yearly severance / bonus or whatever?? |
No, they are still paying the severance. They are no longer paying for the plane ticket. They are forcing the teacher to pay for it by deducting it from the severance, but wording it so it sounds like they are paying for it.
The BS comes in when the teacher quits or is fired and must "pay back" the ticket to the school. Um, how exactly can they pay back something that was never bought for them in the first place? |
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iggyb
Joined: 29 Oct 2003
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| Posted: Sat Aug 22, 2009 6:41 pm Post subject: |
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It is actually a tad worse than that. I didn't quote one section of the contract because I wanted people to focus their attention on the main issue clauses to help me see if I was reading it correctly:
Article 11 (Entrance Allowance/Exit Allowance) Section 1 - also has the following:
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| If the Employee receives a medical examination administered by SMOE, the cost of the medical examination shall be deducted from the 1.3M Won Entrance allowance. |
So it seems - not content to just pull a fast one over on TESOLers who don't know about the contract completion severance money in Korean law, they decided to leave it up to the schools about whether or not a chunk of that money will be taken if they decide to make you have a medical check... |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Aug 22, 2009 7:02 pm Post subject: |
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| iggyb wrote: |
| they decided to leave it up to the schools about whether or not a chunk of that money will be taken if they decide to make you have a medical check... |
There is no decision. All PS school teachers, foreign and Korean, have physicals to be able to continue working in PS. Every two years minimum, I think. |
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Cheonmunka
Joined: 04 Jun 2004
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| Posted: Sat Aug 22, 2009 7:22 pm Post subject: |
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| Korea doesn't have class action suits. |
Maybe not suits as in suing the court, but one lawyer can work for the rights of a group of workers in claims - I was part of a group including bus drivers who did it in 2003. Got back all owing and a little more. |
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bassexpander
Joined: 13 Sep 2007
Location: Someplace you'd rather be.
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| Posted: Sat Aug 22, 2009 8:04 pm Post subject: |
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You can hear all about the public school contract cancellations as I interview Ben from Footprints, as well as a teacher who was canceled:
http://www.themidnightrunner.com |
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Kimchieluver
Joined: 02 Mar 2005
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| Posted: Sat Aug 22, 2009 9:52 pm Post subject: |
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| iggyb wrote: |
It is actually a tad worse than that. I didn't quote one section of the contract because I wanted people to focus their attention on the main issue clauses to help me see if I was reading it correctly:
Article 11 (Entrance Allowance/Exit Allowance) Section 1 - also has the following:
| Quote: |
| If the Employee receives a medical examination administered by SMOE, the cost of the medical examination shall be deducted from the 1.3M Won Entrance allowance. |
So it seems - not content to just pull a fast one over on TESOLers who don't know about the contract completion severance money in Korean law, they decided to leave it up to the schools about whether or not a chunk of that money will be taken if they decide to make you have a medical check... |
Just to clarify. They still pay severance. They also pay 1.3 million of your airfare in and 1.3 million out of Korea. If you renew you get a renewal bonus allowance if you do not take a flight. You still get your severance. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Aug 22, 2009 10:04 pm Post subject: |
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| Kimchieluver wrote: |
| Just to clarify. They still pay severance. They also pay 1.3 million of your airfare in and 1.3 million out of Korea. If you renew you get a renewal bonus allowance if you do not take a flight. You still get your severance. |
If that's true then the fault lies with the posters who selectively chose contract clauses to give a different picture.
So the bonus mentioned in the contract (that the airfare is being deducted from) is actually a travel allowance? |
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iggyb
Joined: 29 Oct 2003
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| Posted: Sat Aug 22, 2009 10:04 pm Post subject: |
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I found a 2008-2009 SMOE contract that had the exact same clause about severance. If SMOE 1-timers got their bonus this year, then it is just a case of crappy wording.
Either in this thread or another on this topic, I quoted EPIK's severance clause which is crystal clear and to the point.
But this SMOE clause, in English, is horrible if they do pay severance. It can only be read one way and that is concerning extending the contract not completing it and leaving. |
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iggyb
Joined: 29 Oct 2003
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| Posted: Sat Aug 22, 2009 10:09 pm Post subject: |
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| Quote: |
| If that's true then the fault lies with the posters who selectively chose contract clauses to give a different picture. |
No. I quoted all the clauses that pertained to allowances, airfare, and severance. I was clear on that as I know you read.
The English version reads as I stated, and I believe you saw and thought the same yourself. Don't be so quick to assume people are lying or being deceptive.
All Kimchieluver did was say that severance is paid. He didn't offer any clarification or interpretation of the clauses. He just said severance is paid. Why move from that to saying if he is right then I am pulling a fast one? |
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Kimchieluver
Joined: 02 Mar 2005
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| Posted: Sat Aug 22, 2009 10:46 pm Post subject: |
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Relax Iggyb,
You haven't been here for a long time and I doubt you have worked in the PS system like I did for 4 years. The contract gets even more confusing when it comes to sick days and overtime ... and then they give an addendum that virtually nulls and voids certain parts of the contract.
Basically, depending which jurisdiction you live: They pay an exit and entry allowance. If you renew you can either go home on the renewal allowance or just keep the cash. The renewal allowance varies by province or city. You still get your severance. I teach at a university now and I really do miss the the free airfare. It is almost a 14th month paycheck after severance. However, I don't miss the make work camps I had to go through just so some supervisor could report to another supervisor that they are milking me for all that I am worth. |
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iggyb
Joined: 29 Oct 2003
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| Posted: Sat Aug 22, 2009 10:49 pm Post subject: |
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Here is a copy of the SMOE contract that appears to be identical to the one I have.
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| http://www.korvia.com/downloads/contract_application/smoe_contract.pdf |
It shows I quoted all the relevant parts.
After chewing this over for a day, and seeing how others were reading it, both the same as me and the opposite of that, I stand behind my reading of those clauses.
They are identical to those I found in a 2008-2009 contract, so it seems SMOE is likely to pay severance pay and airfare ---- but I still insist that - technically - there is only one way to read Article 13 Section 5 - and that reading concerns contract renewal with nothing specifying a one-time, single year completion bonus for those who don't renew. |
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