Korean Job Discussion Forums

Freeghen · Joined: 01 Oct 2009

I have tried finding information relating to this topic online, but have not been very successful.

Here's the story:
I came to Korea 3 months ago to work at a small hagwon (i am the only foreigner at this hagwon) and my boss just sold the buisness off and only gave me one weeks notice that he was selling it. Now the new owner wants me to sign a new contract with longer hours, a change in working days and a salary that I do not agree with. When I printed out a copy of my original contract and showed it to him and asked him to sign it (I added clauses stating that my employment was an extension of the previous employer - therefore I would still get return airfare and severance pay), he did not want to sign it. He eventually did sign it but then regretted doing so and tried to keep the contract (there are no other copies), I got it back from him eventually but it became an uncomfortable and heated exchange.

My questions to all of you are: what exactly are my rights in this situation? Is the new owner obliged to honor the existing contract? If I don't agree to the terms of the new contract can I still get my original boss to sign me to somewhere else?

I would really appriciate any feedback from anyone who has been in a similar situation or knows what my rights are here.

cruisemonkey

Murakano · Joined: 10 Sep 2009

the Seoul Global center in City Hall offers legal advice on Tuesday and Thursday from 2-5pm

The Seoul Bar Association, the 서울지방변호사회 offers free legal advice for foreigners on Mondays from 2-5pm. The place is easy to find. Just go out exit 8 of Seocho Station.

might be worth giving them a call/visit

blonde researcher · Posted: Sat Oct 03, 2009 2:43 pm Post subject:

It seems like the new owner signed your newly worded contract that he did not want want with you to start with , and he did not have to sign when he purchased the hagwon.

Now he is realizing the implications of having you stay at the hagwon and taking on your airfares etc. There is no automatic carry on of a teacher's contract from one employer to a new employer, despite what you may want to be happening to keep your job secure.

The previous owner of the hagwon probably has lied to the new owner about your employment and then fled the scene. Your previous director is the person who should have sorted out all your contract details with BEFORE he left. Why not track him down and make him a bit more accountable if you go to the labor office or immigration?

A new owner does not have to take over the sponsorship of an employee and unless the new owner changes your ARC sponsorship at immigration to officially sponsor you, you have not too may rights. The contract you signed with the new owner may make you feel better but it seems like he is trying to get out of it what ever way he can.

My advice would be to go to immigration and check out your status there and you may even find your visa has already been cancelled for the previous owner.

big_fella1 · Joined: 08 Dec 2005

IN my first year in Korea, my Hagwon sold. They didn't change my visa sponsorship, but left it with the old owner.

The problem came at the end of my contract however, as I hadn't worked for the new owner for 12 months they were not liable to pay severance. Further they were not liable to pay my airfare home. When I called the Labour Board (1350 from any landline) they told me that I didn't have a leg to stand on.

The law could have changed so definately get advice from Global Centre, Gangnam Legal Service (see the thread how to legally screw your Hagwon), or the Labour Board.

I am not a lawyer but I think that you should probably just get a new job, your old boss cannot chase you for repaying airfares as you have no job with him anymore.

cruisemonkey · Posted: Sat Oct 03, 2009 7:57 pm Post subject:

iggyb · Joined: 29 Oct 2003

Freeghen · Joined: 01 Oct 2009

Thanks a lot everyone.

Hearing what everyone has to say really helps with my decisions and how to go about this situation. The truth helps - even if it sucks.

Keep 'em coming.

Summer Wine · Joined: 20 Mar 2005 Location: Next to a River

I have been in that situation before. It might be in your best interest to put some feelers out for new work.

Also check that the new owner has notified Immigration of change of ownership. My bosses didn't know they had to do that and then had to pay a fine when I got the new arc card.

Also find out if your new boss has run a hagwon before or worked with foriegners before. Mine hadn't and life just became hell with ever increasing demands and assertions that I sign a new contract. i refused and had my job terminated.

Plus, your new boss might be finding out that all the books were falsified to make the school look good, and then find its a money losing position and get so stressed out, he takes it out on you.

Or he might have made a deal with the old owner whereby he thinks that he owns you and discovering foriegners say No, comes as a shock.

Just get out before it goes to custard if it looks like the job is going downhill. Don't try to stick around and fix it by giving in, they wont appreciate it and will still screw with you.

Just experience speaking.

Freeghen · Joined: 01 Oct 2009

Summer Wine · Joined: 20 Mar 2005 Location: Next to a River

Quote:

If i wanted to get another job here, do i have to leave and re-enter the country on a new visa? or can i just use the same one that i have now?

You would be best to ask immigration that question, actually maybe a couple of people as I seemed to always get two different answers when I asked.

DAC · Joined: 14 Aug 2009 Location: South Korea

Call Kangnam Labor Law Firm: they are also in the Seoul Global Center on Mondays 2-5pm. Or PM me for the guy's number. His English is good, and he won't screw you around.

Sector7G · Joined: 24 May 2008

I was informed 4 days after arriving at my new hogwan position in February that it would be sold. Feeling deceived, and like you unsure about what the new owner's obligations were regarding my contract, I went to immigration to find out what my rights were regarding leaving. You see, I had read on Dave's that neither the new owner nor I were obligated to the old contract, and that I could simply leave at that point(with no hassles) if I was unsatisfied with what they offered me.

Immi told me that if I wanted to leave that school I would either need a letter of release from the original owner(which she had already sworn not to give), or I would have to quit, leave the country, and then reapply for a visa through a new employer. Immi said there was nothing illegal about the latter, except that potential employers might take a dim view of it.

Long story short - I had a sit down with the new owner and decided to stay after hashing out a new contract that was pretty close to my original one.

5 months later I asked for and received a letter of release- but that's another story.

jon_blaze · Joined: 12 Oct 2008

I'm actually in a very similar situation. I'm working at a 학원 that is now under its 3rd ownership in under 2 years. I've had a little exchange with the new ownership to where I'm sure they will try and terminate me (tomorrow more than likely). Being in the similar boat as you (I have an f4 visa so it helps), I agree with the others just throw out feelers and try and land a new job.

Freeghen · Joined: 01 Oct 2009

I am not trying to be rude, but can I ask what the rest of you are making per month and how many hours you are working also? Would you also be able to tell me how many years of experience you have?

I would just like to know what I should be asking for in terms of payment when I am looking for jobs.
I was happy with my original contract which was 30 hours/classes per week at 2.3. I'm a newbie.