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douglaswilliam
Joined: 25 Aug 2010
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 Posted: Tue Oct 12, 2010 12:03 am Post subject: Being denied the opportunity to renew my contract... |
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| My hagwon, a franchise, was recently bought by the main company and turned into a branch. Without giving me first refusal on my own position at the school, and without consulting with me on it whatsoever, the new manager made an evidently unilateral decision to replace me with a new teacher once my contract expires. Is there some legal guarantee that I should at least be given the opportunity to interview to hold my current job, or is the employer entirely entitled to replace me without even giving me a chance? (Aside from making him a truly capital scoundrel...) |
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oldtactics
Joined: 18 Oct 2008
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| Posted: Tue Oct 12, 2010 12:31 am Post subject: |
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Sorry to be blunt here, but a contract protects your employer as much as it protects you. You have the option of leaving at the end, and they have the same option.
If they don't want you, they don't have to keep you. |
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douglaswilliam
Joined: 25 Aug 2010
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| Posted: Tue Oct 12, 2010 12:46 am Post subject: |
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| oldtactics wrote: |
Sorry to be blunt here, but a contract protects your employer as much as it protects you. You have the option of leaving at the end, and they have the same option.
If they don't want you, they don't have to keep you. |
Yes, I know that. What I was curious about was whether or not they are required to at least discuss the issue with me before making a summary decision. The new boss doesn't know me well and therefore has no reasonable basis upon which to make such a snap decision. |
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interestedinhanguk
Joined: 23 Aug 2010
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| Posted: Tue Oct 12, 2010 1:33 am Post subject: |
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| No. Your contract is done when it's done. They have no extra obligation to you. There's no way you can force your boss to do anything other than what's in your contract (well, legally speaking). |
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schwa
Joined: 18 Jan 2003
Location: Yap
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| Posted: Tue Oct 12, 2010 1:33 am Post subject: |
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| douglaswilliam wrote: |
| What I was curious about was whether or not they are required to at least discuss the issue with me before making a summary decision. |
Of course not. |
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Darkray16
Joined: 09 Nov 2008
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| Posted: Tue Oct 12, 2010 2:35 am Post subject: |
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| douglaswilliam wrote: |
| oldtactics wrote: |
Sorry to be blunt here, but a contract protects your employer as much as it protects you. You have the option of leaving at the end, and they have the same option.
If they don't want you, they don't have to keep you. |
Yes, I know that. What I was curious about was whether or not they are required to at least discuss the issue with me before making a summary decision. The new boss doesn't know me well and therefore has no reasonable basis upon which to make such a snap decision. |
That's why the contract usually states that there is no guarantee of work after the contract expires, explicitly or implicitly. If an agreement isn't made to renew between you and employer, you're finished after the contract. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Oct 12, 2010 2:58 am Post subject: Re: Being denied the opportunity to renew my contract... |
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| douglaswilliam wrote: |
| My hagwon, a franchise, was recently bought by the main company and turned into a branch. Without giving me first refusal on my own position at the school, and without consulting with me on it whatsoever, the new manager made an evidently unilateral decision to replace me with a new teacher once my contract expires. Is there some legal guarantee that I should at least be given the opportunity to interview to hold my current job, or is the employer entirely entitled to replace me without even giving me a chance? (Aside from making him a truly capital scoundrel...) |
Legally, when you are finished, you are finished.
Under labor law there is NO "right of first refusal" requirement.
They are NOT obligated to offer you continued employment nor are they required to offer you a subsequent contract on completion of your current one.
Your contract ends. Your sponsorship ends and your right to remain in Korea ends.
Find a new job or move on (there are lots of other places on the planet and many of them don't have the employment issues you find in Korea).
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northway
Joined: 05 Jul 2010
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| Posted: Tue Oct 12, 2010 3:03 am Post subject: |
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| I get the feeling schools are catching on to the fact that they can pluck certified teachers from the States at the moment and pay them bargain basement rates previously reserved for teachers with minimal if any experience. |
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Hotwire
Joined: 29 Aug 2010
Location: Multiverse
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| Posted: Tue Oct 12, 2010 5:11 am Post subject: |
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Yup.
The worm has turned. |
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tanklor1
Joined: 13 Jun 2006
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| Posted: Tue Oct 12, 2010 5:27 am Post subject: Re: Being denied the opportunity to renew my contract... |
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| douglaswilliam wrote: |
| My hagwon, a franchise, was recently bought by the main company and turned into a branch. Without giving me first refusal on my own position at the school, and without consulting with me on it whatsoever, the new manager made an evidently unilateral decision to replace me with a new teacher once my contract expires. Is there some legal guarantee that I should at least be given the opportunity to interview to hold my current job, or is the employer entirely entitled to replace me without even giving me a chance? (Aside from making him a truly capital scoundrel...) |
Time to start bushin' up the ol' Resume! |
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asylum seeker
Joined: 22 Jul 2007
Location: On your computer screen.
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| Posted: Tue Oct 12, 2010 8:10 am Post subject: |
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| Would you really want to stay in a job where you're not wanted? |
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I-am-me
Joined: 21 Feb 2006
Location: Hermit Kingdom
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| Posted: Tue Oct 12, 2010 5:29 pm Post subject: |
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| without consulting with me on it whatsoever |
Are you a shareholder or some investor in the branch? I doubt it so it seems pretty ridiculous to expect them to consult with you. You are a contracted employee and nothing else. You are lucky they are keeping you until the end of the contract. |
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Nester Noodlemon
Joined: 16 Jan 2009
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| Posted: Tue Oct 12, 2010 6:20 pm Post subject: |
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| douglaswilliam wrote: |
| oldtactics wrote: |
Sorry to be blunt here, but a contract protects your employer as much as it protects you. You have the option of leaving at the end, and they have the same option.
If they don't want you, they don't have to keep you. |
Yes, I know that. What I was curious about was whether or not they are required to at least discuss the issue with me before making a summary decision. The new boss doesn't know me well and therefore has no reasonable basis upon which to make such a snap decision. |
The new boss doesn't need a reasonable basis to make the decision, but there may be a reasonable basis that you are unaware of. Come to think of it, if this is your mindset, there's probably a reasonable basis for the decision. |
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douglaswilliam
Joined: 25 Aug 2010
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| Posted: Fri Nov 12, 2010 12:45 am Post subject: |
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| thanks to everyone who made helpful comments, and thanks to everyone who made particularly unhelpful comments. |
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passport220
Joined: 14 Jun 2006
Location: Gyeongsangbuk-do province
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| Posted: Fri Nov 12, 2010 12:05 pm Post subject: |
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| It sounds like (understandably so) that your feelings are hurt more than anything else. It does sound unfair and frustrating, but why would anyone want to fight to stay at a place where you are not wanted? Move on, find a new employer that you like, that will appreciate you and you will be much happier in the long run. |
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