Korean Job Discussion Forums

[douglaswilliam]

My hagwon was a franchise when I was hired. The franchisee, my former boss, has sold it back to the company, thereby turning it into a branch, controlled by company headquarters. The company has a standard contract for its foreign employees which differs in some respects (including pay, as well as other sundry expenses which will see me lose about $300/month - *gasp*) from the one I signed with my original employer, and which ought to expire in December. It seems that I am now expected to accept the terms of this new contract and just 'switch over', accepting what amounts to a fairly significant pay decrease, and that is obviously not an attractive option to me. Is the original contract still legally valid - i.e. do I have any right to expect that the terms of my original contract will be upheld? If nobody is sure of the exact answers to my queries, do they perhaps know of whom I might better ask?

[jrwhite82]

I'm not sure of the legality of your issue. I have heard of schools that have been sold and the new owners no longer honor the existing contracts (including giving the extra months pay upon completion) I do not know if people have won out in getting their money.

First thing to do is ask your new boss.

Then contact your old boss immediately and see if there is anything he can do to try to make sure the branch honors your arrangement until your contract is complete.

Lessons to be learned by new teachers - get your bosses phone number, make a good relationship with him, even if it means swallowing your pride or doing something annoying once in a while. You might just need his help later.

[WadRUG'naDoo]

Sounds like someone's trying to rip you off.

[kberger]

I've been debating whether I should post because I'm sure there are other who know better than me, but, here is my 2 cents.

I think that since the contract you had signed was with the owner who is no longer there, the new management does not have to honor your contract.

I also think you are back to being in a "probationary" period for the first 90 days working for this new employer, so I do not think the Labor Standards Act gives you any protection.

Again, I'm no legal expert, you'll have to wait for someone smarter than me to correct me or post some advice.

[Troglodyte]

I also don't know how this aspect of the law works in Korea, but I do know that in some other countries where I've lived, companies are like legal entities (like people), so even if the owner of the company changes, as long as the company itself is still around, your contract would be valid. That's because you don't work for the owner. You work for the company (regardless of the owner).

I don't know how that works in Korea though. I'd contact the labor board if I were you. It's a quick phone call and they can probably answer that very clearly.

IF your contract is no longer valid, then you may be able to transfer your visa without a letter of release. Again, you'll have to discuss that with the labor board to get permission to do that, but I've heard of plenty of other people transferring after their hogwan closed without any problems at all. Since you're already in Korea, if you can do a visa transfer, you can often negotiate a better job. Being here and having the possibility to do a transfer saves the next employer a lot of money and they know you can start right away. Just something for you to consider if it comes to that.

[jrwhite82]