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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Wed Sep 02, 2009 5:58 am Post subject: Contract obligations before starting to work |
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Ok, so basically this is the situation. I worked in Japan for 4 years with 2 schools that arranged housing for me. I have been in Korea for 2 years, and I have had 2 hagwons get me a place to stay and a public school who really helped me out to move into an apartment a week earlier.
Everything has been great, and I am planning on moving to a new school in a couple weeks. The problem is that the new school does not want to help me in any way to make the move easier.
It may sound like whining, but compared to how I have been treated with other schools, I find this a surprise and that if anything they are the oddballs unless I have been very lucky the past 6 years.
I told them that I had to be out of my apartment with my current school on the 15th. They don't want me to move in until the 17th. So, I asked the teacher I am replacing about storing my stuff at the apartment. She said I could, and that she would leave some of her stuff and come back to Korea to pick it up. So, we have been trying to work something out without the school helping out.
The recruiter called me to tell me that the school is upset I won't discuss school related topics. I feel if they are not going to help me with my move, then I don't need to attend teacher meetings or fulfill any obligations until said time in my contract. Right now, I am still working under my current school's contract, yet this new school expects me to answer my cell phone during school hours. I am actually teaching then and cannot discuss the school's curriculum. I would have thought this would be something you deal with after you move in. I told the recruiter when they let me move my stuff in, I would be more than willing to discuss things. However, I wanted it to be on a give and take basis. He's going to talk with the school tomorrow.
Obviously, this sounds like a bad start, but I feel the school is not handling things properly. This is not how other schools have done it in the past. When I went to sign the contract, they wanted me to check all the things for the apartment on a sheet without actually seeing them. I refused to do this and said I would be more than happy to take responsibility for any of the furnishings when I finally move in. They eventually ok'd it, and we signed the contract.
So, if this happens to explode tomorrow, I want to be ready to tell the recruiter I would like to get another school.
How possible is this beyond the obvious searching that would be required? Is it possible to change to another school since it hasn't started? Is there a rescind contract option?
Also, what is the worst they can do since the contract has not officially started? Do they have a legal right to force me to discuss the school's curriculum before the contract dates?
I just want to make sure I am in the right here. |
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Carla
Joined: 21 Nov 2008
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Posted: Wed Sep 02, 2009 6:34 am Post subject: |
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Well, according to SMOE, the contract doesn't count until you actually start working. |
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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Wed Sep 02, 2009 6:51 am Post subject: |
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Well, I am with GEPIK, and my recruiter indicated that unless I was willing to talk about what I feel are contract issues now, the school may not want me to work there.
However, the way they worded it was more like, "So, if you don't want to talk about these things, you don't want to work at the school?"
He said this several times, and I got the impression it was actually the school wanting this. |
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Carla
Joined: 21 Nov 2008
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Posted: Wed Sep 02, 2009 6:55 am Post subject: |
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Normally I would say this doesn't not sound good and you should find another job, but with the market right now....
You might want to take this job for now, and see if it works out, or wait until positions open up and you can quit and get another school.
I would definately sit down and talk to the school. At least give it an option of working out. |
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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Wed Sep 02, 2009 7:07 am Post subject: |
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I guess I am a bit worried. If they are demanding crap now, what is going to happen when I am actually working during their contract hours. Right now, I am still finishing up at this current school, and the person that was going to replace me ran from his previous school. So, that means this school needs another teacher because immigration won't let him return to Korea.
Could I ask immigration to switch the transfer back and extend my visa with my current school? They just got a bunch of cool new stuff at this school and another teacher got hired (the school was planning on 2 teachers). |
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Carla
Joined: 21 Nov 2008
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Posted: Wed Sep 02, 2009 9:41 am Post subject: |
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You can cancel visas any time, and since you haven't started this one, just go to immigration and cancel it. Then, just renew with your current school. |
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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Wed Sep 02, 2009 3:23 pm Post subject: |
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That sounds easy, but do I have to get new paperwork ready, or is it a simple walk up to the immigration desk and fill out an application for the extension?
I got a multiple entry E2 visa for this one, can they just transfer that or do I have to pay the extra fee again? |
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Carla
Joined: 21 Nov 2008
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Posted: Wed Sep 02, 2009 4:01 pm Post subject: |
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lifeinkorea wrote: |
That sounds easy, but do I have to get new paperwork ready, or is it a simple walk up to the immigration desk and fill out an application for the extension?
I got a multiple entry E2 visa for this one, can they just transfer that or do I have to pay the extra fee again? |
Sorry, I'm not 100% sure on renewal visas. I know you don't have to leave the country. There is a fee, but I'm not sure. |
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OculisOrbis

Joined: 17 Jul 2006
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Posted: Wed Sep 02, 2009 4:46 pm Post subject: |
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to transfer visas you need to complete 75% of your contract and you need your employers permission (LOR). it would be the exact process and paperwork that you used to transfer it in the first place. since you havent even started work for the new employer i doubt its even possible. your new employer now owns you and would be unlikely to release you even if immi would agree to transfer you back to the original school.
that said, it wouldnt hurt to go to immi and plead ignorance and beg for leniency. they might nullify the transfer since you havent actually started work yet (but i seriously doubt it).
if you try to cancel your visa, which can be done by your employer in korea or you leaving the country and turning in your ARC at the airport, you will start back at square one and go through the full visa process again. |
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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Wed Sep 02, 2009 5:37 pm Post subject: |
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Well, I called 1345 earlier today and they seem to think I can revert back. The only thing is the new school has to go with me to Uijeongbu Immigration Office. I told them the school may not cooperate since that is the whole reason for doing this in the first place. They told me they have to. I don't know if they mean they have to in order to make it work or they have to as in a command since the contract hasn't started.
Another thing to note, this isn't like going to a new job and simply wanting another. The current school I am at didn't get the replacement teacher. You may have missed this part. So, they might want me to continue working here. |
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OculisOrbis

Joined: 17 Jul 2006
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Posted: Wed Sep 02, 2009 6:16 pm Post subject: |
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i didnt miss that part.
they dont own you anymore, your new school does. that's why they have to go to immi with you - to give their consent to let you revert back to your original school.
what your original school wants/needs will not be a concern to the new school when they are making the decision to release you from the deal youre trying to renege - leaving them without a teacher. good luck. |
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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Wed Sep 02, 2009 6:24 pm Post subject: |
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Quote: |
deal youre trying to renege |
Well, I understand their situation, but it's not me trying to renege. It's actually the recruiter and the school calling me up telling me they want me to renege. |
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OculisOrbis

Joined: 17 Jul 2006
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Posted: Wed Sep 02, 2009 7:35 pm Post subject: |
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ok, so if theyre saying they dont want you, then they should be happy to go to immi with you and tell the agent you arent wanted anymore. if they dont go, then theyre stuck with you.
as a sidenote, unless you actually talked to the school directly, you can assume 90% of what your recruiter says is BS. he stands to lose a commission and possible repeat customer. he'll say anything to intimidate you to make the fewest waves possible and secure his commission payment.
if your school is calling you directly, you dont have to do or discuss anything until you arrive at the school on the start date specified in your contract. if they arent willing to provide your accommodation early, dont be willing to accommodate their perceived needs earlier than contracted. |
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frankly speaking
Joined: 23 Oct 2005
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Posted: Wed Sep 02, 2009 7:46 pm Post subject: |
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I don't think that the new school sounds that bad. They cannot have you move in until the 17th because they don't have an apartment for you. When the other teacher leaves, you can move in. stay in a love motel for 2 nights and have a holiday.
If they are calling you during school hours while you are teaching, that is rude. When you have a break call them back and say that you are in class and cannot talk until after school hours. They should understand.
Correspondence via email is often easier and avoids more conflict. I don't personally see the problem with them wanting to discuss things before the contract starts. Most schools that I worked at we had a lot of conversations prior to the starting date to work out little things.
I think that going to the new job will be alright. Refusing to talk to them, might upset them and then you start on the wrong footing.
If you do want to stay with your old school, as long as you haven't switched your visa to the new school, you are not legally obligated to them. Talk to your present schools administration to keep you and they will/ or should handle your paper work and smooth things with the other school.
Good luck whatever you decide. |
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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Wed Sep 02, 2009 7:54 pm Post subject: |
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Quote: |
I don't think that the new school sounds that bad. They cannot have you move in until the 17th because they don't have an apartment for you. |
We were to meet to sign the contract at 2pm. The recruiter was late, so I had to wait with the Korean English teacher until he came. She said I could move in early. I told her I had to move out on the 15th with this current school. She said no problem. Then, the recruiter arrived and we met with the principal and I signed the contract.
I thought I was going to be able to move in earlier. So, my question to the recruiter and the school was, what do I do with my stuff until the 17th? They don't seem to care about that issue and said that I have to talk to them about school related matters even though the contract hasn't officially started. I have never experienced this with any other school. In fact, my current school has been very strict about the starting and end dates. That's why they want me to move out on the 15th if I don't stay here. They don't want things to carry over.
I am starting to see why now. We should work within our contract dates. However, what do teachers do when they are in limbo? What can they do with their stuff? Move twice? Move where?
I am saving both schools airfare home or back, and I tried to arrange it earlier so I could make the transition work for all. Now, the new school is saying I can't move in as promised. |
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