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Can recruiters edit contracts w/out a hagwon's permission?

 
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Sun Dec 19, 2010 8:01 pm    Post subject: Can recruiters edit contracts w/out a hagwon's permission? Reply with quote

I was offered a contract by a private academy last Friday. I rejected the original copy and noted my complaints to it. I stated that I would not accept the contract unless all of the changes were made. On the next business day, the recruiter states that *he* made changes to the contract and sent me a revised copy.

My concern here is that I think the recruiter altered the contract without permission from the employer just to get me to sign on the deal. The changes I requested were pretty drastic. It included changing the tax rate to meet the standards set by The National Tax Service, changing the health care from a private to public healthcare plan, removing the possibility of shared housing and detailing the exact hours that the academy runs. With a snap of a finger, all of them were put into a revised contract the very next business day.

In a job market where the supply far outweighs the demand, it seems to be very strange to have literally every single change I requested incorporated into the contract within the span of one business day when an academy can just choose the next person who would sign the deal no questions asked. Hell, I didn't even get a chance to talk with the academy about the contract. The recruiter just did it on his own without even acknowledging whether or not the academy authorized the changes.

Is there a good chance that these were legitimately made by the academy and this is the contract they agree to? Or is the recruiter pulling a fast one on me with these immediate changes?

The recruiter says that he doesn't know the e-mail address for the academy when I asked to e-mail them. Doesn't make sense for a recruiter to claim to know an academy very well, but not even know their e-mail address. Is this a play to prevent me from contacting the academy and confirming the details?

I know I am being a bit paranoid, but I want to be sure that nothing sneaky is going on in the background.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Sun Dec 19, 2010 8:52 pm    Post subject: Reply with quote

I asked for the contact information for my future employer and the recruiter did not give it to me. He said that he has permission to act on behalf of the academy director to make the necessary changes to the contract to set me up. So, there was no need for me to have it.

I don't like withholding information like this. Forces me to put my full trust in the recruiter and we know how deceptive recruiters can be.

This has been a rush-rush proposal from the start under the pretense that they want to get somebody in before the new immigration laws requiring an FBI check take effect.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Sun Dec 19, 2010 8:59 pm    Post subject: Reply with quote

Careful of back page signatures switching Recruiter or school gives you a contract that you like, so you sign it. But when you give it back they just take the back page and put it into the contract they like. And submit.

That is why I usually date and page number each page myself of the contract. Plus of course my initials. May not stop them from trying.

Any recruiter who can not contact a school is likely bsing you.

Also as many people say the recruiter is a middleman who in the end works for the one who pays them - the school. I highly doubt he has the power or permission to change the contract.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun Dec 19, 2010 9:14 pm    Post subject: Re: Can recruiters edit contracts w/out a hagwon's permissio Reply with quote

DosEquisXX wrote:
I was offered a contract by a private academy last Friday. I rejected the original copy and noted my complaints to it. I stated that I would not accept the contract unless all of the changes were made. On the next business day, the recruiter states that *he* made changes to the contract and sent me a revised copy.

My concern here is that I think the recruiter altered the contract without permission from the employer just to get me to sign on the deal. The changes I requested were pretty drastic. It included changing the tax rate to meet the standards set by The National Tax Service, changing the health care from a private to public healthcare plan, removing the possibility of shared housing and detailing the exact hours that the academy runs. With a snap of a finger, all of them were put into a revised contract the very next business day.

In a job market where the supply far outweighs the demand, it seems to be very strange to have literally every single change I requested incorporated into the contract within the span of one business day when an academy can just choose the next person who would sign the deal no questions asked. Hell, I didn't even get a chance to talk with the academy about the contract. The recruiter just did it on his own without even acknowledging whether or not the academy authorized the changes.

Is there a good chance that these were legitimately made by the academy and this is the contract they agree to? Or is the recruiter pulling a fast one on me with these immediate changes?

The recruiter says that he doesn't know the e-mail address for the academy when I asked to e-mail them. Doesn't make sense for a recruiter to claim to know an academy very well, but not even know their e-mail address. Is this a play to prevent me from contacting the academy and confirming the details?

I know I am being a bit paranoid, but I want to be sure that nothing sneaky is going on in the background.


My spider senses are tingling a lot. I suppose it's possible but it seems highly unlikely. I'd be very wary of this one
Even Skippy's advice about signing each page of the contract may not work here. The boss could simply claim that the recruiter didn't tell him the contract had been changed so he signed the revised one without reading it.

And there's still no pension...correct?

As for why the recruiter is playing coy with the contact information there is actually a good reason for that. If he gives you the contact information what's to stop you or the director from setting up your own deal and cutting him out of the picture? Not that I'm saying you would do that...but that has happened to some recruiters. So he's just insuring that he gets paid.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Sun Dec 19, 2010 9:16 pm    Post subject: Reply with quote

Skippy wrote:
Careful of back page signatures switching Recruiter or school gives you a contract that you like, so you sign it. But when you give it back they just take the back page and put it into the contract they like. And submit.

That is why I usually date and page number each page myself of the contract. Plus of course my initials. May not stop them from trying.

Any recruiter who can not contact a school is likely bsing you.


It appears that he can since he stated that the director gave him authorization to alter the contract. To get that authorization, you have to have contact information to speak to the director and get that authorization. It just won't be given to me.

Quote:

Also as many people say the recruiter is a middleman who in the end works for the one who pays them - the school. I highly doubt he has the power or permission to change the contract.


Pretty much this is what I am figuring. A tip from asia-pacific-connections.com confirmed my feeling:

If a recruiter agrees to major changes in the provisions of a contract, be wary as the school may not even know these changes have been made. Likewise, any school that offers to make major changes to its contract may well have little intention of following it.
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superNET



Joined: 08 Dec 2010

PostPosted: Sun Dec 19, 2010 9:45 pm    Post subject: Reply with quote

For me, I would not accept a recruiter making any changes in the contract, he is just the middle man and has no liability once the contract is signed and cannot enforce the changes. He doesn't run the school.

But then, I do not open that door either and if the contract is not to my liking I do not negotiate, I move on to the next one.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Sun Dec 19, 2010 10:32 pm    Post subject: Reply with quote

Yeah, I rejected the offer.

From the onset, the recruiter is your average used car salesman. Standard run-of-the-mill type. But if you disagree with a deal or want some things clarified/changed, he'll go as far as altering the contract without permission from the school just to get your signature. He'll lie and do what he can to get your name there.

I think it would be classless to out him though. I'm sure that people have gone through him with success and no problem.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Mon Dec 20, 2010 6:41 am    Post subject: Reply with quote

I think that a lot of times the recruiters actually write up the contracts and present them to the hogwons. They in turn get them from the recruiter association forum/website. So, it's completely plausible that the recruiter has the authority to change the contract for minor things. They probably can't change the hours or salary though.

I usually do as another poster mentioned regarding signing each page. I always as the employer to put a paragraph at the end of the contract to say how many pages the contract has and that each page will be signed by both parties. This stops them from swapping the last page. Alas, as has already be pointed out, it doesn't stop the employer from trying to swindle you later. If they're dishonest, they'll cheat you anyway. They don't care what's written in the contract unless it's to their advantage. The difference is that if they DO try to cheat you later, you at least have more legal ground when you complain about it.
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interestedinhanguk



Joined: 23 Aug 2010

PostPosted: Mon Dec 20, 2010 6:58 am    Post subject: Reply with quote

A lot of these contracts at the small hagwons are just tossed around. They'll find any old contract, usually from a larger chain, and use that as their own. They won't even pay attention to the details. They might edit in the working hours, dates and names but leave the rest. I found this as I got a contract from a small kindergarten but the file information was still tagged to some large chain.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Mon Dec 20, 2010 7:29 am    Post subject: Re: Can recruiters edit contracts w/out a hagwon's permissio Reply with quote

DosEquisXX wrote:
I was offered a contract by a private academy last Friday. I rejected the original copy and noted my complaints to it. I stated that I would not accept the contract unless all of the changes were made. On the next business day, the recruiter states that *he* made changes to the contract and sent me a revised copy.

My concern here is that I think the recruiter altered the contract without permission from the employer just to get me to sign on the deal. The changes I requested were pretty drastic. It included changing the tax rate to meet the standards set by The National Tax Service, changing the health care from a private to public healthcare plan, removing the possibility of shared housing and detailing the exact hours that the academy runs. With a snap of a finger, all of them were put into a revised contract the very next business day.

In a job market where the supply far outweighs the demand, it seems to be very strange to have literally every single change I requested incorporated into the contract within the span of one business day when an academy can just choose the next person who would sign the deal no questions asked. Hell, I didn't even get a chance to talk with the academy about the contract. The recruiter just did it on his own without even acknowledging whether or not the academy authorized the changes.

Is there a good chance that these were legitimately made by the academy and this is the contract they agree to? Or is the recruiter pulling a fast one on me with these immediate changes?

The recruiter says that he doesn't know the e-mail address for the academy when I asked to e-mail them. Doesn't make sense for a recruiter to claim to know an academy very well, but not even know their e-mail address. Is this a play to prevent me from contacting the academy and confirming the details?

I know I am being a bit paranoid, but I want to be sure that nothing sneaky is going on in the background.



There are enough problems with contracts without having dishonest recruiters who pull this illegal contract revision trick. There are some big recruiters discussed on this board who use this trick. The school holds the original contract. You sign the revised contract. The recruiter forwards the signature page by mail or email to the school. The school files the original contract with Immigration with the signature page. You get your E2 visa and go to work. You think you are working under the revised contract. The school thinks you are working under the original contract and has no idea about the revisions until later.

Now what. Both parties are screwed. There is no valid contract between the parties. Both parties will have to renegotiate or end the relationship. Either or both parties may lose.

When this happens, honest schools and honest teachers can find themselves at an impass - and neither is at fault.

The hardest part at this point will be suing the slimy recruiter for damages. The labor board cannot help on this one. Neither can Immigration. Either or both parties may have a case against the recruiter.

Where are the recruiter blacklists?
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Mon Dec 20, 2010 10:47 am    Post subject: Re: Can recruiters edit contracts w/out a hagwon's permissio Reply with quote

ontheway wrote:

Where are the recruiter blacklists?


Most of the websites that have school blacklists will also let you blacklist a recruiter. But what's the point really? That would be like compiling a list of Koreans who like kimchi. There are probably far more dishonest recruiters than honest ones. You have a better chance of finding an honest hogwon owner than an honest recruiter. At least the employer knows that they have to work with you for a year. The recruiter knows that they only have to deal with you and the school for as long as it takes to get paid. After that, they have no obligation to either.
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Mon Dec 20, 2010 1:32 pm    Post subject: Reply with quote

Okay.

Add Korea Recruitment & Consultancy to whatever blacklist is out there please.
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