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The old hagwon jerk around ??

 
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ptaza



Joined: 03 Mar 2011

PostPosted: Wed Sep 21, 2011 6:54 pm    Post subject: The old hagwon jerk around ?? Reply with quote

Some background:
My husband and I signed a contract for a job where we'd work in the same place, for the same hours, for the same amount of money, for the same man. We were replacing teachers that had to cut their visit here short due to getting accepted at some prestigious university (I included this because maybe this threw off the hagwon's timeline?).

The first three months were pretty great, although hectic, and they followed the contract to a T. Within about two months my husband heard from his students that they were opening a new hagwon and were we going to go over there? We had NEVER heard about this from our boss.

Then, for the next month or two, they couldn't tell us if we were both going to go over there, if we'd both stay here, if we'd need to move to the other side of the island, if one of us would commute, etc.

We continuously asked, are you going to continue being our boss? We like you, we don't want to have a different boss, and he told us not to worry, that he'd visit the other hogwan every day and he'd continue to be our boss.

Currently, I'm commuting to the other side of the island where our old hogwan has relocated; and my husband is staying on the side of the island where our apartment is, in the same building as the old hogwan, just another 'more prestigious' brand.

Now they want my husband to work on this coming Saturday, which they told him about on Wednesday. Last week, they had me sign another form stating that I'm not a pedophile, etc. Yesterday the boss asked my husband to help him with a document which gave my passport no., nationality, old school and new school information on it. It was a letter of release! He had released my visa without ever having told me, and I still wouldn't know about it if he hadn't needed my husband's help with it! I don't want to sign this until I know the ramifications.

Also, the hogwan used to be run my this man and his wife. The man signed our contracts and sponsored our visas. Now I find out that he's released my visa and that my husband's visa is being sponsored by his wife and that he no longer is 'legally' involved in either hogwan!

As a side note: I'd like to say that we've always been on time, followed the contract exactly, and have always maintained good personal relationships with them despite their behaviour.

Questions:
1. What are the ramifications of them transferring my visa? Do I have to authorize it?

2. What does this legally mean for my contract? Will I need to sign a new one?

3. Will this keep my ARC on my own timeline? (I'm supposed to finish in mid-June) Or does it start over?

4. Will they still be obligated to pay our flights home?

5. Do we have to pay back the airline tickets if they release us (due to the fact that it's easier for them to release us, not because we have asked for it or due to any misconduct whatsoever)?

6. We have seen enough of them (how the behave interpersonally and with the other Korean teachers, and parents) to know that this roller coaster ride will continue until the end. Is there some recourse that we can take that may have slipped our minds so that my husband can get a letter of release?

7. I am NOT relishing the idea of trying to find another apartment (we have a cat), trying to find new jobs...ones that allow us to leave in mid-June, that pay us at the same amount, no weekend work, etc. We think that we can rock this for the next 9 months so long as he doesn't work on Saturdays. Can they legally fire him if he refuses to work on Saturdays (something that is clearly laid out in the contract of the man who signed our contracts that now has nothing legally to do with either of us or either school)?

8. What can I do if the school I work at shuts down?

We have come to deduce that the only reason they hired us is to fill in the three-month gap before they converted to the other hogwan that the other teachers left by leaving early. Yet they signed us on for one year... Now they don't really need me (the other school has a total of 16 students--and may shut down???), and they don't really need my husband at the full contract (because of what the new brand stipulates the native teachers job is).

I would really appreciate any insight, help, comments, anything! We're trying to figure out the best thing to do. Thanks!!
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Sep 21, 2011 8:25 pm    Post subject: Re: The old hagwon jerk around ?? Reply with quote

ptaza wrote:
Some background:
My husband and I signed a contract for a job where we'd work in the same place, for the same hours, for the same amount of money, for the same man. We were replacing teachers that had to cut their visit here short due to getting accepted at some prestigious university (I included this because maybe this threw off the hagwon's timeline?).

The first three months were pretty great, although hectic, and they followed the contract to a T. Within about two months my husband heard from his students that they were opening a new hagwon and were we going to go over there? We had NEVER heard about this from our boss.

Then, for the next month or two, they couldn't tell us if we were both going to go over there, if we'd both stay here, if we'd need to move to the other side of the island, if one of us would commute, etc.

We continuously asked, are you going to continue being our boss? We like you, we don't want to have a different boss, and he told us not to worry, that he'd visit the other hogwan every day and he'd continue to be our boss.

Currently, I'm commuting to the other side of the island where our old hogwan has relocated; and my husband is staying on the side of the island where our apartment is, in the same building as the old hogwan, just another 'more prestigious' brand.

Now they want my husband to work on this coming Saturday, which they told him about on Wednesday. Last week, they had me sign another form stating that I'm not a pedophile, etc. Yesterday the boss asked my husband to help him with a document which gave my passport no., nationality, old school and new school information on it. It was a letter of release! He had released my visa without ever having told me, and I still wouldn't know about it if he hadn't needed my husband's help with it! I don't want to sign this until I know the ramifications.

Also, the hogwan used to be run my this man and his wife. The man signed our contracts and sponsored our visas. Now I find out that he's released my visa and that my husband's visa is being sponsored by his wife and that he no longer is 'legally' involved in either hogwan!

As a side note: I'd like to say that we've always been on time, followed the contract exactly, and have always maintained good personal relationships with them despite their behaviour.

Questions:
1. What are the ramifications of them transferring my visa? Do I have to authorize it?

2. What does this legally mean for my contract? Will I need to sign a new one?

3. Will this keep my ARC on my own timeline? (I'm supposed to finish in mid-June) Or does it start over?

4. Will they still be obligated to pay our flights home?

5. Do we have to pay back the airline tickets if they release us (due to the fact that it's easier for them to release us, not because we have asked for it or due to any misconduct whatsoever)?

6. We have seen enough of them (how the behave interpersonally and with the other Korean teachers, and parents) to know that this roller coaster ride will continue until the end. Is there some recourse that we can take that may have slipped our minds so that my husband can get a letter of release?

7. I am NOT relishing the idea of trying to find another apartment (we have a cat), trying to find new jobs...ones that allow us to leave in mid-June, that pay us at the same amount, no weekend work, etc. We think that we can rock this for the next 9 months so long as he doesn't work on Saturdays. Can they legally fire him if he refuses to work on Saturdays (something that is clearly laid out in the contract of the man who signed our contracts that now has nothing legally to do with either of us or either school)?

8. What can I do if the school I work at shuts down?

We have come to deduce that the only reason they hired us is to fill in the three-month gap before they converted to the other hogwan that the other teachers left by leaving early. Yet they signed us on for one year... Now they don't really need me (the other school has a total of 16 students--and may shut down???), and they don't really need my husband at the full contract (because of what the new brand stipulates the native teachers job is).

I would really appreciate any insight, help, comments, anything! We're trying to figure out the best thing to do. Thanks!!



1. Have they "transferred" or "released" your visa. Both are different and have different ramifications.


2. See 1


3. See 1


4. What does your contract say? Probably not.

5. Again this should be in your contract. If not you could probably tell him to go fly a kite if he asks for it.[/b]


6. Not really. You could just ask for a LOR.



7. Yes they can legally fire him...the protection in Korean Labor Law only kicks in after six months.


8. You can get a LOR for your husband and the two of you can try and get your visa transferred to another school.
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ptaza



Joined: 03 Mar 2011

PostPosted: Wed Sep 21, 2011 8:29 pm    Post subject: Reply with quote

Thanks a lot for your response. To be honest I'm not certain yet because nothing has even been mentioned to us, but it looks like they are transferring my visa, not releasing me. What are the ramifications for transferring me to the new school?
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SeoulNate



Joined: 04 Jun 2010
Location: Hyehwa

PostPosted: Wed Sep 21, 2011 8:37 pm    Post subject: Reply with quote

First of all, it sounds like your boss is trying to handle this situation in the best way possible and you are freaking out a little more than you should. IMO, as long as there isnt some other information that you are withholding from us, your situation seems to be pretty good.

To answer your questions:

1. Yes. You will need to sign the LOR and get your visa transferred to the new school, also the process is similar to get a second school added to your ARC. Either way will work for you.

2. Yes, you will need to sign a new contract.

3. You will get an extension on your ARC if you transfer your visa. If you just add another school, you will NOT get an extension.

4-6. YOU need to negotiate this. If they are terminating your position at the first school, there really isnt much you can do before the 6 month mark. However, you still should be able to negotiate that you still leave at the same time, get your plane ticket and severance. Make sure that you get this qualifications in plain writing.

7. The school can not make him work on Saturdays. But, if they are requesting it, they will probably find another way to fire him. Before the 6 month mark, they really do not need much a really to legally fire him.

8. Not much except get a LOR and find a new job.
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koreatimes



Joined: 07 Jun 2011

PostPosted: Wed Sep 21, 2011 8:41 pm    Post subject: Reply with quote

Quote:
My husband and I signed a contract for a job where we'd work in the same place, for the same hours, for the same amount of money, for the same man.


Usually I tell people not to do this because the hagwon can then screw you twice. You lose twice as much severance, twice as much pension, twice as much airfare, and maybe they will skimp on the last salary payments. They just do that to make it look like they are fulfilling their obligations.

In your case, none of these seem to be the problem, yet the same rule should apply.

DO NOT SIGN A CONTRACT FOR A JOB EXPECTING TO WORK WITH YOUR BOYFRIEND, GIRLFRIEND, HUSBAND, WIFE, FRIEND, FOE, MASTER, SLAVE, WHATEVER AT THE SAME SCHOOL. You are guaranteed to be screwed twice as badly as one teacher going to the school.

Now is the time to make a decision. Which school do you want to work at? Will you be able to in the future? If no, leave. Find another school.

If there is at least one school either of you wants to work at, do that and the other person looks for another school. Find 2 schools, Person 1 works at 1, Person 2 works at the other.


Last edited by koreatimes on Wed Sep 21, 2011 8:44 pm; edited 1 time in total
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SeoulNate



Joined: 04 Jun 2010
Location: Hyehwa

PostPosted: Wed Sep 21, 2011 8:43 pm    Post subject: Reply with quote

ptaza wrote:
Thanks a lot for your response. To be honest I'm not certain yet because nothing has even been mentioned to us, but it looks like they are transferring my visa, not releasing me. What are the ramifications for transferring me to the new school?


1. You will need to sign a new contract

2. It will restart your visa date

Basically it will work as if you just started a fresh one year contract at the school. Obviously this sucks for you since you will be starting over again unless you can negotiate well for yourself.
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ptaza



Joined: 03 Mar 2011

PostPosted: Wed Sep 21, 2011 8:59 pm    Post subject: Reply with quote

I appreciate all the advice guys.

I know it doesn't sound THAT bad, but since we've both worked in Korea before we're more or less waiting for that other shoe to drop: the old, "as you know, your organs will now be harvested and you must pay the bills for the surgery"

Also sucks to restart the timeline since we had plans stemming from our original ending date.

Still better than being unemployed, eh?
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ptaza



Joined: 03 Mar 2011

PostPosted: Wed Sep 21, 2011 9:01 pm    Post subject: Reply with quote

ok, so apparently, i have to go and meet up with my first boss and 'transferring-to' boss
tomorrow at 9.30 am. and then they're going to take me over
to the foreigner's office to say that i quit the first job
and that i start at reading town here. and the transferring-to boss will be my boss because officially she owns the new school.

so my question is: what happens when the man who signed my contract
and owns my visa says that i quit his hogwan and now i work for
another woman who doesn't own my visa or signed my contract?
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