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Suwon4AGT
Joined: 26 Apr 2009
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 Posted: Tue Nov 03, 2009 4:47 am Post subject: Now what do I do? |
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The swine flu epidemic has put me in a really bad situation. My director told me today that she will not be able to keep me full time, but offered to have me work at half-salary (1.2 M) for the remainder of my contract (4 months to go) I would only have to work 2 days a week. She even offered potential employment elsewhere, working for a second director and supposedly making up the difference in my salary/hours.
My problem with this (other than the potential legal issues involved) is that I just don't trust the current situation. For all I know, in a week or two, the director could decide to close down altogether. Because the hagwon is in a remote area (far SW corner of Suwon), and because it is smaller and getting smaller by the day (presently around 30 students), I would have no legal recourse to anything that I am entitled to now with my current contract. For example, I have been here 8 months and have earned 2/3 of my severance bonus (1.6 M). I feel that accepting different contract terms would be putting my severance bonus and return air fare in jeopardy.
I need all the advice that I can get. My gut is telling me to stick to my guns with my current contract and force the director to terminate me, which would entitle me to 30 days salary according to Korean labor law.
As far as Korea goes, I had no intentions on staying past March 2010, so I'm not exactly looking to sign any new contracts anywhere. My plan was to save up as much money as I could before returning to the states next year. But now, it's as if I'm forced to either roll the dice on a new contract, a new boss, etc.. or go home with only about $3,000 USD saved up. Not exactly a good base for relocating back in the U.S. and basically starting over in this terrible economy.
I personally feel that given the current flu situation, the cultural, political and economic changes that have transpired in the last 8 months since I've been here, I just don't trust the likelihood of getting a fair contract or working situation. Man, I am just so angry right now because I was sooooo close to finishing this contract and meeting my savings goals.
Thanks for letting me vent. Again, any advice would be appreciated!! |
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Changwon Charlie
Joined: 22 Aug 2009
Location: Changwon
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| Posted: Tue Nov 03, 2009 5:03 am Post subject: |
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| I have been here 8 months and have earned 2/3 of my severance bonus (1.6 M). |
If you don't complete a year you get nothing....3 ,6,8 or 11 months, it is all irrelevant. If you don't complete the year your employer isn't entitled to pay you anything.
BTW..the swine flu thing is being used as an excuse. With 30 students there is no way she can afford you in any case. You have almost ZERO chance of getting anything at all at the end of your contract. All well and good trying to claim it but if the owner has nothing to give you can't get blood out of a stone.
Basically the owner is offering you a lifeline of sorts as in the current circumstances you have very little hope. Don't expect anything at the end of your contract. |
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Suwon4AGT
Joined: 26 Apr 2009
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| Posted: Tue Nov 03, 2009 5:07 am Post subject: |
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| Changwon Charlie wrote: |
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| I have been here 8 months and have earned 2/3 of my severance bonus (1.6 M). |
If you don't complete a year you get nothing....3 ,6,8 or 11 months, it is all irrelevant. If you don't complete the year your employer isn't entitled to pay you anything. |
Yes, but is not true that if my employer chooses to terminate the contract (from say, my refusal to accept a salary reduction), then am I not entitled to 30 days severance according to Korean labor law? That's my understanding anyway. |
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Changwon Charlie
Joined: 22 Aug 2009
Location: Changwon
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| Posted: Tue Nov 03, 2009 5:09 am Post subject: |
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| Suwon4AGT wrote: |
| Changwon Charlie wrote: |
| Quote: |
| I have been here 8 months and have earned 2/3 of my severance bonus (1.6 M). |
If you don't complete a year you get nothing....3 ,6,8 or 11 months, it is all irrelevant. If you don't complete the year your employer isn't entitled to pay you anything. |
Yes, but is not true that if my employer chooses to terminate the contract (from say, my refusal to accept a salary reduction), then am I not entitled to 30 days severance according to Korean labor law? That's my understanding anyway. |
You are entitled to 30 days notice...not severance. You are confusing the 2. |
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yingwenlaoshi
Joined: 12 Feb 2007
Location: ... location, location!
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| Posted: Tue Nov 03, 2009 7:01 am Post subject: |
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I've been noticing a lot of threads on this swine flu thing. Is it really becoming a problem?
Anyway, if you want to keep earning money until the end of your sojourn, I'd consider taking your boss up on the offer of working at another hagwon, but sing a contract with the new hagwon and get paid by the hour. Get assurance from your boss that you'll get your severance pay at the completion of a year.
Try to work something out and keep an open mind. Get all the details about this other hagwon such as hours, if you can work there until the end of your current contract, etc.
30 students is pretty bad.
Anyway, it's hard to say what to do here... |
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hockeyguy109
Joined: 22 Dec 2008
Location: Daegu
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| Posted: Tue Nov 03, 2009 7:32 am Post subject: |
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What do you do now?
Drink a really strong drink and board a plane headed West. |
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Suwon4AGT
Joined: 26 Apr 2009
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| Posted: Tue Nov 03, 2009 7:38 am Post subject: |
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| Changwon Charlie wrote: |
| Suwon4AGT wrote: |
| Changwon Charlie wrote: |
| Quote: |
| I have been here 8 months and have earned 2/3 of my severance bonus (1.6 M). |
If you don't complete a year you get nothing....3 ,6,8 or 11 months, it is all irrelevant. If you don't complete the year your employer isn't entitled to pay you anything. |
Yes, but is not true that if my employer chooses to terminate the contract (from say, my refusal to accept a salary reduction), then am I not entitled to 30 days severance according to Korean labor law? That's my understanding anyway. |
You are entitled to 30 days notice...not severance. You are confusing the 2. |
Well, if nothing else, I can attempt to hold my director to giving me 30 days written notice - so maybe I can finish out the month and maybe even get a full month's salary. But I do consider myself warned about not getting my hopes up for severance and the like. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Nov 03, 2009 7:51 am Post subject: |
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| Suwon4AGT wrote: |
| Changwon Charlie wrote: |
| Suwon4AGT wrote: |
| Changwon Charlie wrote: |
| Quote: |
| I have been here 8 months and have earned 2/3 of my severance bonus (1.6 M). |
If you don't complete a year you get nothing....3 ,6,8 or 11 months, it is all irrelevant. If you don't complete the year your employer isn't entitled to pay you anything. |
Yes, but is not true that if my employer chooses to terminate the contract (from say, my refusal to accept a salary reduction), then am I not entitled to 30 days severance according to Korean labor law? That's my understanding anyway. |
You are entitled to 30 days notice...not severance. You are confusing the 2. |
Well, if nothing else, I can attempt to hold my director to giving me 30 days written notice - so maybe I can finish out the month and maybe even get a full month's salary. But I do consider myself warned about not getting my hopes up for severance and the like. |
If your boss gives you 30 days notice, you work those 30 days and get paid. There is NO additional month's salary, no airfare, no severance.
Your boss is nearly out of business. And you have saved very little. Employment opportunities in the US and Canada are likely to remain scarce, so your best plan would be to make a deal to work at two locations, but stay under your current contract. Insist that you get the 2nd location added to your Alien Registration Card by Immigration and sign an addendum to your contract that you will continue to the end of your contract and receive airfare and severance as agreed.
If you've been getting your pay all along, if you have your ARC, and pension, health ins and taxes are being handled properly so far, then you can probably trust your employer to be honest with you.
OTOH, with only 30 students, there is a good chance your school will fail soon and without warning. If your school closes due to financial reasons, there is no requirement for them to give you any notice or pay you for any time beyond your last day of actual work. Unless the owner has other outside resources and a great sense of honor, there is a significant chance that you will get nothing if the school fails before your contract ends. |
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Suwon4AGT
Joined: 26 Apr 2009
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| Posted: Tue Nov 03, 2009 7:52 am Post subject: |
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| yingwenlaoshi wrote: |
I've been noticing a lot of threads on this swine flu thing. Is it really becoming a problem?
Anyway, if you want to keep earning money until the end of your sojourn, I'd consider taking your boss up on the offer of working at another hagwon, but sing a contract with the new hagwon and get paid by the hour. Get assurance from your boss that you'll get your severance pay at the completion of a year.
Try to work something out and keep an open mind. Get all the details about this other hagwon such as hours, if you can work there until the end of your current contract, etc.
30 students is pretty bad.
Anyway, it's hard to say what to do here... |
Well, I do think this swine flu thing is going to get worse before it gets better and I forsee quite a few foreigners getting dumped into bad dilemnas like myself.
You are right about the 30 students things. When I first started back in March, it was closer to 100. But the director made the mistake of opening up shop in a bad location (IMO) and attempting to teach full time instead of hiring another teacher and her getting out and hustling up business. She attempted the "keep the class size small so I can charge more per student" business model. I can see now why these mom and pop setup have such an extremely high failure rate.
As for me, I am/was only 4 months from getting out of ESL altogether. I see it as a dead-end vocation, especially in Korea. Foreigners get blamed unfairly for a lot of things, and the culture here just sets up people to fail, IMO. But I am proud that I was able to make even a slight difference in the kids' lives. Overall, I was pretty well-liked by the students, even as I got no regular Korean assistance in the classroom.
But, in keeping an open mind, as you suggest, I am also open to the idea that even though I didn't make my ultimate financial savings goals, that maybe it is time to call it a "day" and go home. I really am not up for going another round at a different hagwon or school in Korea, knowing that I would have to sign another contract, go through all of the interview, paperwork and visa crap - only to land in another crappy ESL teaching job. |
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Suwon4AGT
Joined: 26 Apr 2009
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| Posted: Tue Nov 03, 2009 8:03 am Post subject: |
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| ontheway wrote: |
| Suwon4AGT wrote: |
| Changwon Charlie wrote: |
| Suwon4AGT wrote: |
| Changwon Charlie wrote: |
| Quote: |
| I have been here 8 months and have earned 2/3 of my severance bonus (1.6 M). |
If you don't complete a year you get nothing....3 ,6,8 or 11 months, it is all irrelevant. If you don't complete the year your employer isn't entitled to pay you anything. |
Yes, but is not true that if my employer chooses to terminate the contract (from say, my refusal to accept a salary reduction), then am I not entitled to 30 days severance according to Korean labor law? That's my understanding anyway. |
You are entitled to 30 days notice...not severance. You are confusing the 2. |
Well, if nothing else, I can attempt to hold my director to giving me 30 days written notice - so maybe I can finish out the month and maybe even get a full month's salary. But I do consider myself warned about not getting my hopes up for severance and the like. |
If your boss gives you 30 days notice, you work those 30 days and get paid. There is NO additional month's salary, no airfare, no severance.
Your boss is nearly out of business. And you have saved very little. Employment opportunities in the US and Canada are likely to remain scarce, so your best plan would be to make a deal to work at two locations, but stay under your current contract. Insist that you get the 2nd location added to your Alien Registration Card by Immigration and sign an addendum to your contract that you will continue to the end of your contract and receive airfare and severance as agreed.
If you've been getting your pay all along, if you have your ARC, and pension, health ins and taxes are being handled properly so far, then you can probably trust your employer to be honest with you.
OTOH, with only 30 students, there is a good chance your school will fail soon and without warning. If your school closes due to financial reasons, there is no requirement for them to give you any notice or pay you for any time beyond your last day of actual work. Unless the owner has other outside resources and a great sense of honor, there is a significant chance that you will get nothing if the school fails before your contract ends. |
I understand what you are saying and I can't dispute the likelihood that I will never see a dime of that severance or return airfare. I get it.
But, a month's wages is still a month's wages. I can save roughly 2/3 of my paycheck from this month plus one more month's pay and be better off for doing it.
As far as the director's honor goes, no she hasn't been on the up on everything. She did provide airfare while I was in the states, paid for a visa run to Osaka, and has paid me on time every month. But she did not withhold taxes, insurance or pension, even though she and I had several discussions about it. I know, I know....bad stupidity on my part. I was just hoping that I could get to the end on this contract.
Yes, the likelihood that this school will fail is extremely high. But, now it's a question of whether I want to go through the hassle of a new contract all over again. I'm not convinced any available job in Korea is worth the trouble right now. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Nov 03, 2009 8:09 am Post subject: |
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| Suwon4AGT wrote: |
Well, I do think this swine flu thing is going to get worse before it gets better and I forsee quite a few foreigners getting dumped into bad dilemnas like myself.
You are right about the 30 students things. When I first started back in March, it was closer to 100. But the director made the mistake of opening up shop in a bad location (IMO) and attempting to teach full time instead of hiring another teacher and her getting out and hustling up business. She attempted the "keep the class size small so I can charge more per student" business model. I can see now why these mom and pop setup have such an extremely high failure rate.
As for me, I am/was only 4 months from getting out of ESL altogether. I see it as a dead-end vocation, especially in Korea. Foreigners get blamed unfairly for a lot of things, and the culture here just sets up people to fail, IMO. But I am proud that I was able to make even a slight difference in the kids' lives. Overall, I was pretty well-liked by the students, even as I got no regular Korean assistance in the classroom.
But, in keeping an open mind, as you suggest, I am also open to the idea that even though I didn't make my ultimate financial savings goals, that maybe it is time to call it a "day" and go home. I really am not up for going another round at a different hagwon or school in Korea, knowing that I would have to sign another contract, go through all of the interview, paperwork and visa crap - only to land in another crappy ESL teaching job. |
If your school has gone from 100 students to 30 in 8 months then it isn't a lack of recruitment or advertising. Did this school move to a new location, the bad location you mention, during this 8 months? If not, then something is wrong with the English program or teaching or teachers at your school.
Without major changes your school is going to fail very soon.
The good news is that if your school fails, you can transfer your contract to a new school without any visa run. You do not need a new backgound check. You file some paperwork in Korea and start over at a new school.
Of course you will have to work a whole year again, and if you don't enjoy teaching or you're not good at it, and your track record is definitely not proven, then you could face the same problem again at a new school. Being in Korea you could scout out a new job and maybe a better school. Or you can risk going home and being unemployed for a long time while the unemployment rate continues to rise for the next year or so.
Tough spot to be in. |
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Suwon4AGT
Joined: 26 Apr 2009
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| Posted: Tue Nov 03, 2009 8:21 am Post subject: |
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| ontheway wrote: |
If your school has gone from 100 students to 30 in 8 months then it isn't a lack of recruitment or advertising. Did this school move to a new location, the bad location you mention, during this 8 months? If not, then something is wrong with the English program or teaching or teachers at your school.
Without major changes your school is going to fail very soon.
The good news is that if your school fails, you can transfer your contract to a new school without any visa run. You do not need a new backgound check. You file some paperwork in Korea and start over at a new school.
Of course you will have to work a whole year again, and if you don't enjoy teaching or you're not good at it, and your track record is definitely not proven, then you could face the same problem again at a new school. Being in Korea you could scout out a new job and maybe a better school. Or you can risk going home and being unemployed for a long time while the unemployment rate continues to rise for the next year or so.
Tough spot to be in. |
Actually, until one of the kindies got the swine flu about 2 weeks ago, the numbers were more or less the same throughout my 8 months. But when that happened, the director was forced to stop the morning kindergarten classes. That's when the numbers dropped like a hot potato.
That's good to know about the transfer thing. I'm sure it would be relatively easy for me to get the director to sign off on the release form. Plus, I do have some potential options for finding work elsewhere. I guess, it's really a matter of determining if I'm up for signing on to another contract or not. I'm pretty burned out as it is. |
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redhed
Joined: 05 Nov 2008
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| Posted: Tue Nov 03, 2009 2:26 pm Post subject: |
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| I have seen several ad's recently for the winter camp circuit, one in particular was for like 5.6 million for december/january. That is no airfare, but dorm and meals provided. Perhaps you could work something out with your boss regarding your exiting with some loot, and then pick up a couple of months of relatively well paid work. At any rate, I agree with some of the above posters about things looking bleak. Perhaps you can negotiate a workable exit before things get even worse on the boss's financial front. |
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