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dodge81
Joined: 14 May 2007
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Posted: Wed Oct 06, 2010 10:52 pm Post subject: Hagwon has new owners- dragging feet over plane ticket. |
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I have a friend with a problem and would like some advice on how to proceed.
My friend has worked at a hagwon since December 2009. In May 2010 the hagwon was sold to new owners. My friend recently spoke to the manager about the flight home and severance pay, with the end of the contract coming soon.
The manager has said that, during the handover of the hagwon, my friend's contract was 'lost', and he is only recognising that my friend has worked at the hagwon since May 2010. He is refusing to pay severance pay, and is dragging his feet over buying the plane ticket home.
My friend needs to have a plane ticket by November 13th at the latest in order to be covered by health insurance back home.
What are my friend's options?
Since the original contract was 'lost' my friend has been working without one.
What are my friend's rights regarding leaving the hagwon before the original contract's finish date?
Would my friend have any problems leaving the country if they were to finish the job early?
Any help would be much appreciated. Thanks. |
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tanklor1
Joined: 13 Jun 2006
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Posted: Wed Oct 06, 2010 10:54 pm Post subject: |
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Doesn't he have a copy of his contract? Even if it's in an e-mail? |
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balzor
Joined: 14 Feb 2009
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Posted: Wed Oct 06, 2010 10:56 pm Post subject: Re: Hagwon has new owners- dragging feet over plane ticket. |
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dodge81 wrote: |
I have a friend with a problem and would like some advice on how to proceed.
My friend has worked at a hagwon since December 2009. In May 2010 the hagwon was sold to new owners. My friend recently spoke to the manager about the flight home and severance pay, with the end of the contract coming soon.
The manager has said that, during the handover of the hagwon, my friend's contract was 'lost', and he is only recognising that my friend has worked at the hagwon since May 2010. He is refusing to pay severance pay, and is dragging his feet over buying the plane ticket home.
My friend needs to have a plane ticket by November 13th at the latest in order to be covered by health insurance back home.
What are my friend's options?
Since the original contract was 'lost' my friend has been working without one.
What are my friend's rights regarding leaving the hagwon before the original contract's finish date?
Would my friend have any problems leaving the country if they were to finish the job early?
Any help would be much appreciated. Thanks. |
Does your friend have a copy of his contract? Has he shown his VISA to the hagwon owner? Does he have his paystubs and lesson plans and all that other stuff to prove he was there? If he can verify this stuff and the owner is still being a chump, have your friend go to labor board and claim breach of contract.
Last edited by balzor on Wed Oct 06, 2010 10:57 pm; edited 1 time in total |
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dodge81
Joined: 14 May 2007
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Posted: Wed Oct 06, 2010 10:57 pm Post subject: |
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tanklor1 wrote: |
Doesn't he have a copy of his contract? Even if it's in an e-mail? |
Unfortunately not. I realise that this doesn't help the situation. We are simply wondering what to do. |
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jrwhite82
Joined: 22 May 2010
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Posted: Wed Oct 06, 2010 11:03 pm Post subject: |
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How did he lose an email that is that important? Did he manually delete it??
Go to his bank and get them to print out the last 12 months of statements to show that the school was paying him since whatever date. He did at least have direct deposit right?
Show him all the lesson plans he has taught/created.
Did he post the contract on Daves??? Maybe it's still in the sticky.
Call the old hagwon owner and try to get a copy. He should have his old bosses cell right?
I'm not trying to be a jerk, but your friend really screwed himself over here. Lost his contract.....wth |
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bobbybigfoot
Joined: 05 May 2007 Location: Seoul
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Posted: Wed Oct 06, 2010 11:11 pm Post subject: |
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Give the Labor Board a shout. Even without a contract, severance *should* still be owed. no law about plane tickets though. |
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northway
Joined: 05 Jul 2010
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Posted: Thu Oct 07, 2010 12:02 am Post subject: Re: Hagwon has new owners- dragging feet over plane ticket. |
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balzor wrote: |
dodge81 wrote: |
I have a friend with a problem and would like some advice on how to proceed.
My friend has worked at a hagwon since December 2009. In May 2010 the hagwon was sold to new owners. My friend recently spoke to the manager about the flight home and severance pay, with the end of the contract coming soon.
The manager has said that, during the handover of the hagwon, my friend's contract was 'lost', and he is only recognising that my friend has worked at the hagwon since May 2010. He is refusing to pay severance pay, and is dragging his feet over buying the plane ticket home.
My friend needs to have a plane ticket by November 13th at the latest in order to be covered by health insurance back home.
What are my friend's options?
Since the original contract was 'lost' my friend has been working without one.
What are my friend's rights regarding leaving the hagwon before the original contract's finish date?
Would my friend have any problems leaving the country if they were to finish the job early?
Any help would be much appreciated. Thanks. |
Does your friend have a copy of his contract? Has he shown his VISA to the hagwon owner? Does he have his paystubs and lesson plans and all that other stuff to prove he was there? If he can verify this stuff and the owner is still being a chump, have your friend go to labor board and claim breach of contract. |
Or even emails from previous directors/managers/etc. |
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northway
Joined: 05 Jul 2010
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Posted: Thu Oct 07, 2010 12:06 am Post subject: |
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jrwhite82 wrote: |
I'm not trying to be a jerk, but your friend really screwed himself over here. Lost his contract.....wth |
My school didn't give me a copy of my contract until four months in when a new administrator started. She was tasked with organizing the office, including getting all the contracts in one place, and came to me asking for my contract because no one in my workplace could find mine. Eventually they found it buried in a pile of documents in a desk somewhere, and she went out of her way to give me a copy, but it's not all on the teacher if his school was ridiculously disorganized in the first place. At some point you just stop asking because you realize they won't help you. |
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Isehtis
Joined: 07 Jul 2010
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Posted: Thu Oct 07, 2010 12:45 am Post subject: |
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If he doesn't have a copy of his contract, what about one of the other foreign teachers?He could easily just print out a copy and claim that he'd had a copy all along. |
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Pa Jan Jo A Hamnida
Joined: 27 Oct 2006 Location: Not Korea
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Posted: Thu Oct 07, 2010 2:49 pm Post subject: |
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Your buddy should pull a runner if the labour board doesn't pan out. |
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Juregen
Joined: 30 May 2006
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Posted: Fri Oct 08, 2010 5:01 am Post subject: |
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Immigrations has a copy. |
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young_clinton
Joined: 09 Sep 2009
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Posted: Sat Oct 09, 2010 3:22 am Post subject: |
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Pa Jan Jo A Hamnida wrote: |
Your buddy should pull a runner if the labour board doesn't pan out. |
If he's getting paid I wouldn't pull a runner. |
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Troglodyte
Joined: 06 Dec 2009
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Posted: Sat Oct 09, 2010 4:57 am Post subject: |
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Juregen wrote: |
Immigrations has a copy. |
Good point. In fact they keep all the documents that were submitted when the school applied for his visa issuance number. |
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BoholDiver
Joined: 03 Oct 2009 Location: Canada
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Posted: Sat Oct 09, 2010 6:48 am Post subject: |
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If you don't like your job, this is what I'd do:
I would refuse to work anymore until a contract is produced. If you don't have one, and they don't have one, then how much are you paid? How many vacation days?
You might find one magically appear.
If they produce a new contract, refuse to sign it if anything is off. |
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Juregen
Joined: 30 May 2006
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Posted: Wed Oct 13, 2010 1:40 pm Post subject: |
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BoholDiver wrote: |
If you don't like your job, this is what I'd do:
I would refuse to work anymore until a contract is produced. If you don't have one, and they don't have one, then how much are you paid? How many vacation days?
You might find one magically appear.
If they produce a new contract, refuse to sign it if anything is off. |
Bad strategy to be honest.
They will kill of his chances of ever getting another job if he screws around with them, it is not that difficult to do.
Better strategy is to cal to immigration AND MOE, ask them if they can make a copy of the contract since the owner "lost" it. The agreement still stands.
Show the contract and than start negotiating about following the contract.
First make sure you have chips to bargain with before strong arming them into submission. |
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