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KBKorea
Joined: 04 Jul 2011
Location: Seoul
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 Posted: Wed Jul 06, 2011 4:34 pm Post subject: My Hagwon told me they're shutting down. what if they don't? |
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| My hagwon is shutting down. They gave me a two months notice. If they actually don't shut down what are my rights and what am I entitled to? (as in my severence pay or plane ticket back home) because the way it seems (to me) they aren't shutting down. I still have two months but I just want to know what I can do. Or if they change owner names but still continue running? Am I still out of luck? I am really confused. Thanks!! |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Jul 06, 2011 4:56 pm Post subject: Re: My Hagwon told me they're shutting down. what if they do |
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| KBKorea wrote: |
| My hagwon is shutting down. They gave me a two months notice. If they actually don't shut down what are my rights and what am I entitled to? (as in my severence pay or plane ticket back home) because the way it seems (to me) they aren't shutting down. I still have two months but I just want to know what I can do. Or if they change owner names but still continue running? Am I still out of luck? I am really confused. Thanks!! |
With 2 months notice (exceeds labor law) then it is only a contractual matter.
If your contract allows them the out with 2 months notice then you are hooped.
Start looking for another job. Make sure you get a release letter when you leave (makes the transfer process easier).
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KBKorea
Joined: 04 Jul 2011
Location: Seoul
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| Posted: Wed Jul 27, 2011 1:47 am Post subject: the school broke the contract |
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| I have a question to what my rights are. In my contract it states that each party must give 60 day notice. The school gave me 60 day notice because they will be shutting down on Aug 31. The director told the parents last week, many parents are angry and are taking their kids out of school. Today the director tells me she will just shut down this Friday, and that I must leave me apt by the end of July. What am I entitled to since it's been only 30days notice and I'm getting kicked out of my apt? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Jul 27, 2011 1:59 am Post subject: Re: the school broke the contract |
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| KBKorea wrote: |
| I have a question to what my rights are. In my contract it states that each party must give 60 day notice. The school gave me 60 day notice because they will be shutting down on Aug 31. The director told the parents last week, many parents are angry and are taking their kids out of school. Today the director tells me she will just shut down this Friday, and that I must leave me apt by the end of July. What am I entitled to since it's been only 30days notice and I'm getting kicked out of my apt? |
Contractually you would be entitled to 60 days if that was in your contract. You'd have to sue to get it. The costs would probably exceed what you would gain (can't get blood out of a stone).
Under labor law you are entitled to 30 days notice or 30 days pay. If you got 30 days then make sure you get a LOR so you can transfer your visa to a new employer. Labor won't help you.
NOT getting a LOR means leaving the country (at your expense) to cancel your visa, return, begin the job search, then leave again for a visa run (usually at the new employer's expense) to get a new visa if you want to stay and stay working.
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koreatimes
Joined: 07 Jun 2011
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| Posted: Wed Jul 27, 2011 2:42 am Post subject: |
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| What am I entitled to since it's been only 30days notice and I'm getting kicked out of my apt? |
"Entitled" is more a legal scenario, and if the school doesn't have the money, then pursuing what you think you are owed will be a fruitless venture.
Play the sympathy card, get the release letter and find another school. As for the apartment, ask why you need to be out. They probably signed a 1 year lease with the landlord, so how they are able to get out of it? It seems like the apartment would be vacant for a while. If you pay a reasonable monthly fee, then maybe you could stay there while you look for a new school.
Try working with them, not against them. |
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thegadfly
Joined: 01 Feb 2003
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| Posted: Wed Jul 27, 2011 4:05 am Post subject: |
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| You may also want to check your contract for clauses about the hakwon closing down -- at a previous school, although the contract stipulated 60 days notice, it also added that in the case of bankruptcy or the death of the school owner, that the 60-day notice clause would not apply (though the 30-day labor law strictures would still apply). If your contract says that in the case of a school closing that you only get 30 days' notice, then you probably only get 30 days' notice...if it says less, then labor law should supercede the contract.... |
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KBKorea
Joined: 04 Jul 2011
Location: Seoul
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| Posted: Wed Jul 27, 2011 4:08 pm Post subject: |
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| Thanks for all your help!! |
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