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jcm87
Joined: 19 Jan 2010
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 Posted: Wed Aug 11, 2010 11:17 am Post subject: When can a recruiter break your contract? |
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| About a week ago I signed a contract that begins on September 30th. I've been a bit slow on getting the CBC and the apostilled diploma, mostly because the recruiter has been slow at answering my questions, so I haven't quite sent in the request forms but that should happen sometime today or tomorrow. Anyways, I ran into someone on Dave's who has the exact same contract as me, starting and ending on the same date at the same school. This school has one teacher working at it that I am going to replace, who replaced the one teacher who was working there before. So either the school is expanding and now will have two teachers, or the recruiter thinks I won't be able to get my docs in on time and is trying to get another teacher for the position. Or maybe she is just sending out the contract to multiple people and seeing who is the first to get their docs in, to which she'll hand the job. Does the fact that I signed the contract mean that they can't take the job away from me? Or can they just inform me one day that the position has been filled? |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Wed Aug 11, 2010 11:44 am Post subject: Re: When can a recruiter break your contract? |
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| jcm87 wrote: |
| About a week ago I signed a contract that begins on September 30th. I've been a bit slow on getting the CBC and the apostilled diploma, mostly because the recruiter has been slow at answering my questions, so I haven't quite sent in the request forms but that should happen sometime today or tomorrow. Anyways, I ran into someone on Dave's who has the exact same contract as me, starting and ending on the same date at the same school. This school has one teacher working at it that I am going to replace, who replaced the one teacher who was working there before. So either the school is expanding and now will have two teachers, or the recruiter thinks I won't be able to get my docs in on time and is trying to get another teacher for the position. Or maybe she is just sending out the contract to multiple people and seeing who is the first to get their docs in, to which she'll hand the job. Does the fact that I signed the contract mean that they can't take the job away from me? Or can they just inform me one day that the position has been filled? |
Is this that school in Busan from the other thread? You had to have Busan. So, you went with a less than honest school that has all its teachers working under terms for independent contractors but with an illegal contract. The recruiter and the school have been playing you all along.
But, you've been asking a lot of questions. Stirring the pot. Making waves. And now you're slow to return documents.
So, it's no surprise that this recruiter and this school are willing to start breaking a contract before you even arrive. They need a teacher in place and they don't trust you completely just as you don't trust them. So, they've got two fish on the line. They'll wait till the last minute and apply for whichever teacher sends in the documents first or, if both send them in on time, they'll choose the teacher they like best. Maybe they'll choose the one who asked the least questions and seems less likely to make trouble.
This tactic of overfilling a job and then dumping the spare is sleazy and used by many schools and recruiters. This would be breach of contract, but they don't expect there will be any expensive legal action on your part to collect any damages you might have. They will give you some excuse other than "we hired someone else." Maybe they'll tell you that the school is closing or some other story to mollify you. Since the recruiter has the documents on hand they will often just try to switch the spare teacher to another school.
Many posters tried to get you to look for an honest school with honest contract terms. I actually expected you'd be back on Dave's eventually complaining about this job you were advised not to take, but this is a bit sooner than I had expected.
IMO, you should forget about Busan and look for a good school first. In any case, the school and the recruiter seem to be about to make that choice for you. |
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SunDevil Dre
Joined: 07 Jun 2010
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| Posted: Wed Aug 11, 2010 7:07 pm Post subject: Re: When can a recruiter break your contract? |
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| jcm87 wrote: |
| This school has one teacher working at it that I am going to replace, who replaced the one teacher who was working there before. |
Are you sure you'd want to be the only foreigner teacher working at this hagwon?  |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Aug 11, 2010 9:11 pm Post subject: Re: When can a recruiter break your contract? |
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| SunDevil Dre wrote: |
| jcm87 wrote: |
| This school has one teacher working at it that I am going to replace, who replaced the one teacher who was working there before. |
Are you sure you'd want to be the only foreigner teacher working at this hagwon? |
Sometimes those are the best hakwons to work at. |
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jcm87
Joined: 19 Jan 2010
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| Posted: Wed Aug 11, 2010 9:28 pm Post subject: |
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ontheway-Thanks for the I told you so speech. As I've said before, I appreciate everyone's opinions and advice but I'm doing this for the experience, not the money. I would prefer to be in Busan even if it means no pension (and it's not like I'd be losing a lot of money because I won't have to enroll in the expensive NHIC, which everyone here says is bad), and every other position I've been offered (I've been in touch with 8 or 9 recruiters) has 3.3% as the tax rate and doesn't enroll in the NHIC. These were the only two parts of the contract that people disagreed with, it's not like I am forced to work overtime or go in on weekends. And I was not aware that the recruiter would stiff me and give someone else the position. No one warned me of that.
As far as I'm concerned, it's the recruiter that's sleezy and not the hagwon. My predecessor has given the boss there rave reviews...he said he's the best boss he's ever had, either in Korea or Scotland. That's the main reason I took this job. However, I am learning more and more that this recruiter sucks. The reason I've been slow with the documents is I'll send her a question about it and then she'll take 2 or 3 days to respond, and then she won't even send me the right info. Like I asked her if I needed a notarized translation of my diploma or just the notarized diploma, and she says "we appreciate an English translation of the diploma." She didn't even say if I needed it notarized! Then I asked her twice, sending her the link to the Idaho state police's website, if a name-based criminal background check was sufficient instead of having to do the fingerprint one, which takes longer. She assured me twice that the name based check was fine. Then I asked the Idaho state police people, and after I had already sent in the name-based check request they tell me that it's unofficial and apparently it can't be apostilled. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Aug 11, 2010 10:13 pm Post subject: |
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| jcm87 wrote: |
ontheway-Thanks for the I told you so speech. As I've said before, I appreciate everyone's opinions and advice but I'm doing this for the experience, not the money. I would prefer to be in Busan even if it means no pension (and it's not like I'd be losing a lot of money because I won't have to enroll in the expensive NHIC, which everyone here says is bad), and every other position I've been offered (I've been in touch with 8 or 9 recruiters) has 3.3% as the tax rate and doesn't enroll in the NHIC. These were the only two parts of the contract that people disagreed with, it's not like I am forced to work overtime or go in on weekends.
And I was not aware that the recruiter would stiff me and give someone else the position. No one warned me of that.
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Not getting the pension and insurance is ILLEGAL though which leads to my next point (only S.A's are exempt from pension).
If you have a recruiter willing to do illegal stuff, why should you be surprised from sleazy behavior? You lie down with dogs you get up with fleas. And yes the hakwon is sleazy too...it's breaking the law. |
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NYC_Gal
Joined: 08 Dec 2009
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| Posted: Wed Aug 11, 2010 10:20 pm Post subject: |
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Not everyone says national health insurance is bad. Dentistry is partially covered, and my bi-monthly doctor's appointment is a mere 12,000 won, and the prescriptions I've needed (had the flu, a nasty cold, and some allergic reactions) were dirt cheap.
The hagwon IS shady if they work the way you say. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu Aug 12, 2010 7:28 am Post subject: |
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| jcm87 wrote: |
ontheway- I would prefer to be in Busan even if it means no pension (and it's not like I'd be losing a lot of money because
I won't have to enroll in the expensive NHIC, which everyone here says is bad), . |
For the record: the Korean National Health Insurance is not a bad deal for E2 teachers who enroll. It will cost you about $50 or $60 per month, the coverage is decent, including some dental things. In every case when I've used it, I've only had to pay 10,000 won for the doctor or hospital visit. |
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