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Last minute "negotiations" at my hagwon...
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Should I fight or cut my losses?
Stay and fight.
63%
 63%  [ 12 ]
Cut your losses.
36%
 36%  [ 7 ]
Total Votes : 19

Author Message
jondepoer



Joined: 02 May 2010

PostPosted: Sat Dec 04, 2010 10:31 pm    Post subject: Last minute "negotiations" at my hagwon... Reply with quote

Hello teachers,

My fiance and I have been happily working at a hagwon for 11 months. There have been a couple of issues regarding pension, work hours, etc., but I felt that they were all fairly resolved. In short, I trusted the people I worked for (I know, don't say it).

We've been in Korea for 2 years now, so we have a good understanding of the rules. Now the boss's nephew was our Korean co-teacher for six months, until he quit. He is now acting as a translator between us and the boss.

So, with the contract coming to an end, we had a negotiation session just to clear up exactly how much we were owed for our final salary, severance, flight, etc. They agreed months ago to pay us in cash for our flight instead of buying the ticket, so we negotiated a mutually acceptable cash settlement for this. This amount was written down by both parties but not signed. I truly didn't feel that it was necessary (yes, I know). We were told that it was done, and would not change.

Also, all year they have been paying half of my maintenance bill. They asked for the bills, and paid me the cash. The fee is on the high end, so I was happy for the help. Now they are saying that they did it because they thought they were obligated, and they want to keep my housing deposit to pay it back. My housing deposit was 600,000krw - conveniently, the same amount that they say they are owed. At the meeting, they agreed to drop this.

One week later, they come to us and say that that they don't owe us anything for a flight, because the contract says they will provide a ticket to our "point of departure", and we're not going straight home (we're spending two months traveling in Thailand). We made them aware of the fact that we made a positive recommendation to the new teachers that are coming in, and that by breaking their word, we would have to change our recommendation. We've also stated that we are willing to involve the labor board/small claims to compel them to pay us cash for the flights. We are holding them to the agreement that they made with us.

I know I can get a one month extension on my E2 visa without my boss's permission (as I wouldn't be working for that month), so I can stay behind and fight this, if necessary.

Between my fiance and I, the total amount in question approaches 4,000,000. Now, I know everybody out there doesn't have all the details, or seen our contract, or are experts in Korean law, but I just want an idea of how experienced teachers in Korea view this.

Comments are appreciated, but please vote also!
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jrwhite82



Joined: 22 May 2010

PostPosted: Sun Dec 05, 2010 7:24 am    Post subject: Reply with quote

You are owed your month bonus and the plane tickets. Good luck getting the cash for the tickets without a signed agreement.

Try to negotiate with them about the tickets. Best bet, try to get some open ended tickets that you can change the dates on. Or get one's that are refundable. If they are going to be jerks about it. Good idea with the recommendation idea. I like it.

Good luck!!! I think a good idea would be to take whatever the poll results are, say 80/20. If they offer you 80 of what you are owed then walk. If it is less than whatever the "stay and fight" percentage is, then stay and fight.
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jondepoer



Joined: 02 May 2010

PostPosted: Sun Dec 05, 2010 8:03 am    Post subject: Reply with quote

Thanks for the moral support. Has anybody had success with getting money instead of plane tickets, even though it wasn't specifically stated? I don't understand why cash vs. ticket makes any difference at all!
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Catfisher



Joined: 10 Nov 2010

PostPosted: Sun Dec 05, 2010 9:32 am    Post subject: Reply with quote

jondepoer wrote:
Thanks for the moral support. Has anybody had success with getting money instead of plane tickets, even though it wasn't specifically stated? I don't understand why cash vs. ticket makes any difference at all!


I did at my first job in 2003 and once at my PS job in 2007, but that was the last time. I guess for a couple of years, teachers had been negotiating with their schools to take a cash settlement as opposed to the plane ticket and shortly after 2003, clauses soon appeared in hogwan contracts stating that airfare would be paid for but no cash compensation would be made.

As for the public schools, there was nothing in the contract against it, but evidently a lot of the GEPIK teachers who were re-signing either got tickets to Thailand, etc. or just got the cash, because the following year, the contracts stated that you either get the ticket back to your hometown or you get nothing - no SEA tickets, no cash, nada.
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balzor



Joined: 14 Feb 2009

PostPosted: Sun Dec 05, 2010 4:23 pm    Post subject: Reply with quote

Classic Korean contract gray areas.
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comm



Joined: 22 Jun 2010

PostPosted: Sun Dec 05, 2010 7:34 pm    Post subject: Reply with quote

If all else fails:

"Ok, give me 75% of what we agreed on in cash, or pay for the full amount of my return ticket so I can burn it."

It's better than cutting your losses, anyway.
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frankhenry



Joined: 13 Mar 2007

PostPosted: Sun Dec 05, 2010 9:40 pm    Post subject: Reply with quote

comm wrote:
If all else fails:

"Ok, give me 75% of what we agreed on in cash, or pay for the full amount of my return ticket so I can burn it."

It's better than cutting your losses, anyway.


This is better than getting nothing.

Fight!
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Sincinnatislink



Joined: 30 Jan 2007
Location: Top secret.

PostPosted: Sun Dec 05, 2010 10:43 pm    Post subject: Reply with quote

I'd bet the ticket is easier to claim as a tax write-off.
No offense, but boo-flippin-hoo.
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thomas pars



Joined: 29 Jan 2009

PostPosted: Sun Dec 05, 2010 11:26 pm    Post subject: Reply with quote

Why don't you just go home? Thailand is shit.
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Illysook



Joined: 30 Jun 2008

PostPosted: Mon Dec 06, 2010 5:26 am    Post subject: Reply with quote

When I went to Thailand at the end of my last contract, it was cheaper to buy a round trip ticket than a one way. You can spend one month in Thailand and see plenty, and don't discount the extent to which you will be longing for home when it gets witthin reach. From my experience, it will be enough. The school is contractually obligated to buy you a ticket home if you leave Korea and go home within 30 days. Shortening your stay in Thailand will be your best way to make that happen.
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Kokoba



Joined: 07 Dec 2009

PostPosted: Mon Dec 06, 2010 9:03 am    Post subject: Reply with quote

jondepoer wrote:
Thanks for the moral support. Has anybody had success with getting money instead of plane tickets, even though it wasn't specifically stated? I don't understand why cash vs. ticket makes any difference at all!


There might also be some psychological factor involved. "We don't want to be duped into paying for a *vacation* ticket."

I like Illysook's suggestion: shorten your vacation but keep fighting for the cash/ticket.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Mon Dec 06, 2010 6:50 pm    Post subject: Reply with quote

Quote:
Also, all year they have been paying half of my maintenance bill. They asked for the bills, and paid me the cash. The fee is on the high end, so I was happy for the help. Now they are saying that they did it because they thought they were obligated, and they want to keep my housing deposit to pay it back. My housing deposit was 600,000krw - conveniently, the same amount that they say they are owed. At the meeting, they agreed to drop this.


If it's the same amount, it's the same amount. No mystery here. You paid half, they paid half (50,000). I don't know why you choose to say "conveniently", when you could easily verify this. What is the truth? Did you owe 100,000 per month or not?

If you did, then it's a reasonable stance by the hagwon and I wouldn't fight that.

Quote:
One week later, they come to us and say that that they don't owe us anything for a flight, because the contract says they will provide a ticket to our "point of departure", and we're not going straight home (we're spending two months traveling in Thailand).


I would look up 3 flights to Thailand, 3 flights to your home country, and then tell them they owe you one of the flights. I think they will see the trip to Thailand is cheaper. I did a quick search and I see $300-$700 with Travelocity.

If they refuse, then have them buy a ticket to your "point of departure". It doesn't mean you have to fly there. It's their choice, they can waste their money or save money.

They went from what seems logical about the 600,000 bill matter to ridiculous regarding the flight. Fight them on this.

Quote:
I know I can get a one month extension on my E2 visa without my boss's permission (as I wouldn't be working for that month), so I can stay behind and fight this, if necessary.


I think you can change your visa to a C-3 and get 90 days. It's for legal issues. You can also re-enter and get 90 days on a tourist visa.

Quote:
Between my fiance and I, the total amount in question approaches 4,000,000.


I see 1.4 million for flight, if they hired both of you. If it's just one of you, then 700,000. How do you figure the other 2.6 million? That's 1.3, it can't be salary.

Quote:
Comments are appreciated, but please vote also!


Your poll is ALL or NOTHING. I can't vote for some of your points and against others. You don't have a solid case, but you do have some areas you should fight for.
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jondepoer



Joined: 02 May 2010

PostPosted: Tue Dec 07, 2010 9:26 am    Post subject: Reply with quote

lifeinkorea:

Thanks for the detailed reply. The maintenance fee issue is a problem for me because I believe that the school paid half to get on our good side. Now, I feel that the school is being cheap, realizing that they owe us a lot of money at the end, and trying to take it back. Now that our usefulness has run its course, and they don't need to keep us happy any longer, they're trying to take it back.

On the issue of where I'm getting the figure of 4,000,000 KRW: the tickets are 1.5 KRW each, one way. We live in Eastern Canada, and it just costs that much to get there. Add the 600,000 deposit, and one unredeemed vacation day (per teacher), and the total in question is about 3,860,000.

They agreed to give us all of this in a three-hour marathon negotiation session last week. Now they have returned to their original terms and acted as though the negotiation didn't happen.

Quite frankly, I'm getting angry enough to email the incoming teachers and tell them not to waste their time with this school! As I mentioned, I was asked to recommend the school to new teachers, and did so honestly. I think it's time to retract that recommendation.

BTW, illysook's suggestion of going on vacation while fighting the flight money issue, the 30 days, etc. wouldn't work for me. There is nothing in my contract that says they have to fly me home "within 30 days". It just says I get a return ticket upon completion of the contract.
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meaghan



Joined: 24 May 2009

PostPosted: Tue Dec 07, 2010 11:58 am    Post subject: Reply with quote

Is it possible to have them buy you a ticket to Eastern Canada, and then you can call the airline later and change it (to a different destination/point of departure, or credit, or whatever)? I recently did that with my school and it worked out fine. Air Canada's change fee is $100.

The maintenance bill thing sucks, but if you can get the flight issue resolved I would let it go. Do you have copies of the bills they paid for you? Do they? I've sometimes found that even asking for the paperwork to back up a hagwon owner's claims is enough to get them to drop the issue.

I would most definitely let the new teachers know what's going on. Update them with how it gets resolved too.

Good luck with pension and severance!
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digby



Joined: 27 Oct 2010

PostPosted: Tue Dec 07, 2010 12:12 pm    Post subject: Reply with quote

Please update the new teachers. It seems like most of the worst shenanigans from some schools happens right at the end when the new batch is coming in. I would surely hope the people I've chatted with would throw any new information my way.
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