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Hagwon sold from under my feet, transferred to new owner

 
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neilsputnik



Joined: 11 Nov 2009
Location: Seoul

PostPosted: Mon Sep 27, 2010 5:13 am    Post subject: Hagwon sold from under my feet, transferred to new owner Reply with quote

Situation: My hagwon had a new owner recently. Now that owner has merged my hagwon with another hagwon. All the teachers and students have merged. So a different hagwon name and building etc., but same teachers and students, plus the additional students and teachers of the new hagwon.

1) Where does that leave my visa? I presume it will become void because the old Hagwon is no longer in existence.
2) Where does that leave my previous contract, as well as my cash supplement for a return airfare (I will stay in Korea), and my year end bonus? I presume that my current contract is no longer recognized?

This all happened within a week over the holidays. As usual, my Korean co- teachers failed to communicate any substantive details to me. I only found out the gravity of the situation today after the break. I am the only Waygookin.

Help appreciated.
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big_fella1



Joined: 08 Dec 2005

PostPosted: Mon Sep 27, 2010 6:09 am    Post subject: Re: Hagwon sold from under my feet, transferred to new owner Reply with quote

neilsputnik wrote:
Situation: My hagwon had a new owner recently. Now that owner has merged my hagwon with another hagwon. All the teachers and students have merged. So a different hagwon name and building etc., but same teachers and students, plus the additional students and teachers of the new hagwon.

1) Where does that leave my visa? I presume it will become void because the old Hagwon is no longer in existence.
2) Where does that leave my previous contract, as well as my cash supplement for a return airfare (I will stay in Korea), and my year end bonus? I presume that my current contract is no longer recognized?

This all happened within a week over the holidays. As usual, my Korean co- teachers failed to communicate any substantive details to me. I only found out the gravity of the situation today after the break. I am the only Waygookin.

Help appreciated.


Your calculations for severance go back to zero, you will need to work for the new owner for 12 months to get severance, they are not bound by your existing contract and your visa, is owned by your previous employer and allows you to work in that building. Your visa will become void when immigration becomes aware of the changed circumstances, but you may get an exit notice. You need a release letter and ideally to take both wonjangnims to immigration with you to fix the visa.

If you can, it may be better to cut your losses, and find a new job.
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neilsputnik



Joined: 11 Nov 2009
Location: Seoul

PostPosted: Mon Sep 27, 2010 7:50 am    Post subject: Reply with quote

I figured as much. I have worked there for 9 months.

Some shady stuff went down, namely: They didn't give me the required 30 days notice of termination, they just shut up shop, essentially cancelling my contract without any written notice. Surely this can't be legal? I would presume they would have known this was going to happen for more than 30 days. Thus, the requirement to inform still stands. Not doing so would surely, from a Labour law point of view, constitute a deliberate ploy to escape paying me my money.

The new boss essentially said he doesn't wan't a whitey to work for him (no other foreigners) and said he will help me to find another job.

No visa, no contract, no job. All in week. Odd.
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cert43



Joined: 17 Jun 2010

PostPosted: Mon Sep 27, 2010 8:52 am    Post subject: Reply with quote

You need a Lawyer and presumbily someone who knows Korean law quite
well.

I hope you have connections
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Mon Sep 27, 2010 10:24 am    Post subject: Reply with quote

Ask the new owner what the dilly is. If your contract's not honored, quit.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Mon Sep 27, 2010 11:15 am    Post subject: Reply with quote

Get a proper letter of release. Start your job search. Be sure to tell the recruiters and schools that you have an LOR from your previous job AND why you are leaving there. Pack up your stuff and try to find a place to store it in case you come home one day and the locks are changed. (Do that before the next step.) Go to the labor board to complain that the last school didn't give you 30 days notice. Say you want pay in lieu of a months notice AND you want a place to stay for the next 30 days. Go to immigration to tell them your situation and ask for advice. If they tell you that you have to leave Korea, say that you have no money (maybe you sent it home to pay off your credit card debt or something). Ask how you're supposed to leave the country without any money. (Answer, the person who sponsored your visa is responsible for making sure that you leave --> buying you a plane ticket.)

If you find a job that starts ASAP and looks decent, take it. Don't wait around too long because most job offers are the same and you don't have time to wait. Use your LOR to transfer to the new school (thus avoiding a wait and costs of getting a new visa). If you get a new job, then immigration isn't a problem. But still press the labor board about the unfair dismissal.

Good luck. Let us know how it all turns out.
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littleredfox



Joined: 27 Sep 2010
Location: Jinju Korea

PostPosted: Mon Sep 27, 2010 9:57 pm    Post subject: Need a job/lawyer Reply with quote

I was in a jam myself and I ended up going to court, and won too. If you need any legal contacts and I can help you out with a job if you need it at short notice, I have one for you. contact me Russell [email protected]
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littleredfox



Joined: 27 Sep 2010
Location: Jinju Korea

PostPosted: Mon Sep 27, 2010 10:06 pm    Post subject: Need a job/lawyer Reply with quote

I was in a jam myself and I ended up going to court, and won too. If you need any legal contacts and I can help you out with a job if you need it at short notice, I have one for you. contact me Russell [email protected]
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littleredfox



Joined: 27 Sep 2010
Location: Jinju Korea

PostPosted: Mon Sep 27, 2010 10:07 pm    Post subject: Reply with quote

or call me on 010-8006-6783
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neilsputnik



Joined: 11 Nov 2009
Location: Seoul

PostPosted: Tue Sep 28, 2010 3:35 am    Post subject: Reply with quote

Thanks littleredfox, I am going to immigration tomorrow and the labor board. I will most likely contact you in the next day or so re legal advice.

The previous owner is not returning my calls and the new owner wants nothing to do with me. This is an absurdest comedy!
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neilsputnik



Joined: 11 Nov 2009
Location: Seoul

PostPosted: Wed Sep 29, 2010 9:42 pm    Post subject: Reply with quote

Latest update:

I typed out a letter stating what had happened and which laws they broke and had my gf type it out in Korean. I then had a face to face meeting with the owner where my gf translated.

I managed to get a letter of release and government documents stating the hagwon closed. At least I can get another job.

As for payment, the owner seemed very apologetic and said I would be given : a) airplane ticket cash, b) contract bonus, and c) September's salary. The only hitch is that the owner cannot pay now because he/she has no money. But, he/she assures me that a big payment is coming in. The owner is, however, happy for me to visit a lawyer, and has said that he/she will sign a legal documents stating that when money comes through, he/she has to pay me.

What do you think? I am a little suspect about the payment, and I will visit a lawyer to follow this up. However, there are some encouraging signs.
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le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Thu Sep 30, 2010 1:21 am    Post subject: Reply with quote

good for you! give it to the man!
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spicy



Joined: 25 Oct 2009
Location: Sinchon / Ewha / Hongdae

PostPosted: Thu Sep 30, 2010 1:37 am    Post subject: Reply with quote

don't hold your breath about the payments. it'd be best for you to just assume you're not going to see any more money from them, that way if you end up getting it, it's a bonus. if you don't get it (more likely), then you haven't made any plans expecting to have it.

sorry to hear about the situation -- seems like more and more shady operations are being posted about on here. i'm not sure if that's an increase in it actually occurring, or just an increase in it being reported...
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