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Hagwon is changing my contract after six months, options?

 
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m3erds



Joined: 22 Feb 2010

PostPosted: Tue Nov 09, 2010 6:19 am    Post subject: Hagwon is changing my contract after six months, options? Reply with quote

My hagwon wants to change my contract because the elementary part of the school doesn't have enough students for tuesday and thursday classes. For nearly six months, I have only worked in the elementary part of the hagwon. They have no students on tuesdays and thursdays so they want me to work tuesdays, thursdays, and now saturdays. It states in my original contract that I do not have to work saturdays. I really do not want to work saturdays.

I have disliked my school since the beginning and things have steadily gotten worse. They have paid me late and I have heard from old teachers that they had huge problems getting severance pay. The school(at least the elementary portion) seems to be failing. I know I want to leave the school, but what is the best way to go about it?

If they are changing my contract, does that mean I can opt out easily if I don't agree? How does that affect flight payment(I'm still under six months) and any unpaid salary? Do they have to give me a positive letter of release?

I'm debating whether to leave Korea for good or to come back in February, so I can't just burn my bridges.
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Sector7G



Joined: 24 May 2008

PostPosted: Tue Nov 09, 2010 8:23 am    Post subject: Re: Hagwon is changing my contract after six months, options Reply with quote

m3erds wrote:

If they are changing my contract, does that mean I can opt out easily if I don't agree? How does that affect flight payment(I'm still under six months) and any unpaid salary? Do they have to give me a positive letter of release?

I'm debating whether to leave Korea for good or to come back in February, so I can't just burn my bridges.


Do you mean they are actually writing up a new contract with new terms, or just not abiding by the current terms?

In the first case, you can refuse to sign a newly written contract if the terms have been changed. Yes, that is a way to opt out, but I would not say easily. In a worst case scenario they would probably not pay outgoing airfare(did they pay incoming yet?). and they might not give you an LOR, and they may try to cheat you out of unpaid salary.

I am not sure what would happen in the second case-same contract but they wanted you to work Saturdays and you refused. I think they would have to give you notice first if they wanted to fire you.
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m3erds



Joined: 22 Feb 2010

PostPosted: Tue Nov 09, 2010 8:29 am    Post subject: Reply with quote

I don't know if there is going to be a new contract. But my first contract explicitly says that I only work Monday through Friday. Should I then ask for a new contract? I feel like this Saturday thing is the only leverage I have.
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Sector7G



Joined: 24 May 2008

PostPosted: Tue Nov 09, 2010 8:52 am    Post subject: Reply with quote

m3erds wrote:
I don't know if there is going to be a new contract. But my first contract explicitly says that I only work Monday through Friday. Should I then ask for a new contract? I feel like this Saturday thing is the only leverage I have.


I can only tell you what I would do, because being under six months it is a sticky situation. If you really don't like the school and want to leave anyway, just stick to your guns and refuse to work Saturdays, as politely and diplomatically as possible, pointing out the terms of the contract.

However, if they insist, and you are fired, you will have to fly home on your own dime. That might be a small price to pay though in the grand scheme of things. It may be this or agree to work Saturdays.

But, if you are the only native teacher they have, you may be able to negotiate a Letter of Release in exchange for staying until they found another teacher. That's what I did. Then you can get another position and don't have to fly home right away. Good luck!
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Tue Nov 09, 2010 9:32 am    Post subject: Reply with quote

You already hated your school and now they dropped this on you. Tell them you're not doing Saturdays. If they fire you, do your best to get paid. Screw the release letter. Dangling carrot crap.

Just out of curiosity, do they want you to work Mon to Sat?

By the way, Saturdays are kind of unusual in Korea.
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Hugo85



Joined: 27 Aug 2010

PostPosted: Tue Nov 09, 2010 10:10 am    Post subject: Reply with quote

Exchange saturday for tuesday and thursday. 3 days off per week!
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m3erds



Joined: 22 Feb 2010

PostPosted: Tue Nov 09, 2010 3:19 pm    Post subject: Reply with quote

Yes, they want me to work 6 days a week. I do not know how many hours a week it is, because the school doesn't know yet(they aren't very organized). But they are offering me an additional 300,000 per month for an extra two hours of work per week. I still don't think it is worth it. I need my Saturdays.

Also, I am the only foreign teacher at the elementary school. I am not sure about the middle school.

So what I gather is that, despite the change in contract, I still do not have a real legal advantage. Is this correct?
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Sector7G



Joined: 24 May 2008

PostPosted: Tue Nov 09, 2010 3:53 pm    Post subject: Reply with quote

m3erds wrote:

So what I gather is that, despite the change in contract, I still do not have a real legal advantage. Is this correct?


Depends on what you mean by advantage. Legally, you have the right to refuse to work on Saturdays, because your contract says so. If they fired you because of that, I think they have to give you at least a 30 day notice.

I don't think this would hurt you if you wanted to return in February, as you mentioned.

As I said before, losing out on airfare may be a small price to pay to get out of a bad situation. And no one can accuse you of breaking contract.
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Xylox



Joined: 09 Jul 2010

PostPosted: Tue Nov 09, 2010 4:50 pm    Post subject: Reply with quote

Just fly home next time you get paid, it will hurt them more then it will hurt you.
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m3erds



Joined: 22 Feb 2010

PostPosted: Tue Nov 09, 2010 7:24 pm    Post subject: Reply with quote

I don't mind getting fired as long as it is on good terms. I want to get all that is owed to me(salary, not airfare) and walk away.
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m3erds



Joined: 22 Feb 2010

PostPosted: Wed Nov 10, 2010 3:44 am    Post subject: Reply with quote

Also, is there anything different about collecting pension if you quit/are fired? I am an American citizen.
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northway



Joined: 05 Jul 2010

PostPosted: Wed Nov 10, 2010 5:24 am    Post subject: Reply with quote

I'm kind of skeptical that they would fire you. Look at it this way: you are currently more expensive than they would like, for sure, given that they don't have enough students to justify you on Tuesday and Thursday. At the same time, even with the market as it is, I would imagine it's not going to be that easy for them to find a teacher willing to work six days a week, even if they're paying 2.5 or so a month, if they're only offering ten days vacation. While I'm sure they can find someone, for a job requiring that you work six days a week there's a solid chance that the someone they find is not going to be in Korea at the moment, which means they'll have to pay to get them over here, plus recruiting fee six months after they just paid a recruiting fee to get you.

Given all of the above, I'd call their bluff and cordially refuse to do it. I wouldn't be surprised if you continue with your normal schedule when all is said and done.
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