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Hagwon changing owners-New contract?

 
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deadhead



Joined: 25 Jul 2007
Location: Rhode Island, USA

PostPosted: Wed Nov 10, 2010 5:35 am    Post subject: Hagwon changing owners-New contract? Reply with quote

My hagwon owner is finalizing the sale of our school. Before people start to tell me to get out and leave the school, I am not concerned about the financial stability of the school. He just wants out. This is besides the point though.

I signed a 1 year contract Sept. 26 2010. So I should be finished next year 2011. Do I have to sign a new contract with the new owner? If so, how about my severance pay? Do I have to "restart" my year and have him change the dates on the contract so it is 1 year from the new sign date in order to get my severance?

I am a F2 visa holder, so I don't have to worry about my visa.

Thanks a lot for any help! Very Happy
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Wed Nov 10, 2010 10:59 am    Post subject: Reply with quote

It really shouldn't matter because you don't work for the owner. You work for the school. The school is a business. It's a legal entity, like a person. Regardless of who owns the school, you still work for the school. But check with the labor board on that. Things might be different in Korea.
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Wed Nov 10, 2010 2:50 pm    Post subject: Reply with quote

Troglodyte wrote:
It really shouldn't matter because you don't work for the owner. You work for the school. The school is a business. It's a legal entity, like a person.


This is only true if the school is a corporation. If it's a sole proprietorship or general partnership, it is NOT a separate legal entity from the owner(s), and you'd need a new contract.
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jrwhite82



Joined: 22 May 2010

PostPosted: Thu Nov 11, 2010 2:29 am    Post subject: Reply with quote

Before the owner sells and bails on you. Get it IN WRITING that the new owner will honor your contract. INCLUDING YOUR PAY, BENEFITS, HOUSING, RETURN AIRFARE AND SEVERANCE. Get this from the new owner or ask your existing owner you want your money from him now. Good luck with that.

Otherwise find a new job or be prepared to get screwed.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Thu Nov 11, 2010 4:58 am    Post subject: Reply with quote

Are you really going to leave after one year? My impression is that you like where you are, and if things work out with the new owner you will stay longer than a year.

If so, don't rock the boat.
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deadhead



Joined: 25 Jul 2007
Location: Rhode Island, USA

PostPosted: Thu Nov 11, 2010 6:48 am    Post subject: Reply with quote

I really do like it here. The owner now has never paid me late (I worked for him part time for a long time before signing full time) and I work minimum hours. I actually planned to stay until March 2012 (6 months after my year contract finishes (of course now this depends on the new owner).

And to Jrwhite....... I already said that I am not concerned about my school paying me or benefits. I simply asked about if I had to sign a new contract.

My wife called the labor office today and they said that the owner doesn't matter, and the new owner must still honor my contract. And again to White, if worst comes to worst I will go to the labor office. I already went there to fight against my last employer for 5,000,000원 and won. I am on an F2 and plan to stay here for a while. So I have time to fight again Smile

Thanks again for all the help people! Smile
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J Rock



Joined: 17 Jan 2009
Location: The center of the Earth, Suji

PostPosted: Thu Nov 11, 2010 7:19 am    Post subject: Reply with quote

During my first contract my owner sold her school to a new owner after 8 months and I was really concerned I was not going to get my severance pay. All I did was ask my new owner if he was gong to pay my severance and he said sure it's in your contract. I asked him to write it up and sign it and he did. End of story (for me).
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StMichael



Joined: 14 Jul 2009
Location: South Korea

PostPosted: Thu Nov 11, 2010 10:03 pm    Post subject: Reply with quote

When I used to work for CDI http://esllist.com/korea-south/742-language-school-hagwon/83-chungdahm-institute-cdi-chungdahm-learning-cdl-gangdong-campus, I ran into the same issue, except the new owner insisted on a new contract for Visa purposes. I told him no problem just as long as the contract was the exact same (needed same dates), just different owners. There was no chance of me resigning at this school, so it was key that my previous contract be honored. It wasn't easy, but he eventually agreed to give me the same contract.

In the end, this guy was a pain to work for and never honored the contract anyways. From what I read, this is typical CDI.
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