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Workplace is different from actual one listed on contract

 
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earthquakez



Joined: 10 Nov 2010

PostPosted: Fri Dec 30, 2011 11:32 pm    Post subject: Workplace is different from actual one listed on contract Reply with quote

and on the teacher's ARC. Can somebody help me help out a friend? He works for a hagwon but his employer is listed as somebody else on his contract and at Immigration. He works in Seoul.

He wondered about it when he first came but I didn't know him then. It sounds a bit suspicious to me and now he wants to leave that job as it's turning pear shaped and he's only got Korean co workers who apparently are very unpleasant. He is now worried that if he gets a letter of release under the hagwon's name, then Immigration will tell him he has been working illegally as his employer was supposed to be somebody else.

I've only known him for a few months and didn't know him when he started here. I have never been in this situation - can anybody tell me if it's right what I'm thinking. I'm thinking he is doing something illegal much as it is not his fault.
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koreatimes



Joined: 07 Jun 2011

PostPosted: Fri Dec 30, 2011 11:46 pm    Post subject: Reply with quote

You are saying immigration accepted a SIGNED contract and put someone else's NAME on the ARC? Confused Confused

Please explain the story again and keep in mind immigration is already in the loop and should know this.
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earthquakez



Joined: 10 Nov 2010

PostPosted: Fri Dec 30, 2011 11:53 pm    Post subject: Reply with quote

No, it seems they're not. He's working for an employer that is not listed on his contract and not listed on his ARC. My instinct tells me something illegal is happening.

The employer pays health insurance and pension - not a problem but he does not work for them. He works at a workplace with a different name and when he tried to talk about it with his boss they were might pissed off at him asking. I think he's working illegally by a general definition, I'd be happy if you told me he wasn't. I don't know what to tell him as I have never come across this before or done it.
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r122925



Joined: 02 Jun 2011

PostPosted: Sat Dec 31, 2011 12:14 am    Post subject: Reply with quote

earthquakez wrote:
No, it seems they're not. He's working for an employer that is not listed on his contract


That sounds like a big problem.

earthquakez wrote:
and not listed on his ARC.


This part I don't understand. The employer's name isn't printed anywhere on the ARC card, unless they've made some very recent changes that I'm not aware of.

earthquakez wrote:
My instinct tells me something illegal is happening.


I agree with your instinct. However, it's not exactly clear why the employer would want to do this. It could be something completely innocent, such as the name of a parent company or something that is different from the hagwon's name, or a former name or something of that nature. Or it could be outright fraud. Maybe the school isn't licensed and would be unable to sponsor the visa in their own name. Who knows really.

The question is, what should your friend do? Ideally this would have been something he dealt with when he first showed up to start work, not months later. Your friend could try reporting this to immigration, but who knows how they will react. Worst case would be that the visa would be cancelled and your friend would be forced to leave the country. Definitely a tricky one though. I've never heard of a situation like this happening before.
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Mr Lee's Monkey



Joined: 24 Oct 2007

PostPosted: Sat Dec 31, 2011 10:55 pm    Post subject: Reply with quote

Immigration is not the enemy, and they have people who speak English well and provide information and advice at the # 1345.

Last edited by Mr Lee's Monkey on Mon Jan 02, 2012 3:00 pm; edited 1 time in total
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litebear



Joined: 12 Sep 2009
Location: Holland

PostPosted: Sun Jan 01, 2012 4:01 am    Post subject: Reply with quote

Sounds like they got a 3rd party to sponsor his Visa then farmed him back to another place. So Hagwon X wants a teacher but for some reason isn't in a position to a sponsor a visa. Hagwon Y is owned by a friend, they have the means to sponsor but don't need a teacher. Hagwon Y sponsors the teacher for a visa but when he arrives he goes to Hagwon X.

Didn't this use to be a common loophole for places that had been in trouble with the labour board?

We're all just speculating till Ttompatz shakes off his NYE hangover and gets online anyway Smile
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Swampfox10mm



Joined: 24 Mar 2011

PostPosted: Sun Jan 01, 2012 2:16 pm    Post subject: Reply with quote

Not that this is your situation at all, but FYI, I used to work for a private high school. The actual ARC called it "Baekgang [something something] Hagwon". I was pretty surprised by this, but I inquired about it, and it was correct.

If you work for a private high school (and I'd assume the same could be true for a private elementary/middle school) you might encounter this.

If you are at a hagwon, however, I would be wary.
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ssuprnova



Joined: 17 Dec 2010
Location: Saigon

PostPosted: Sun Jan 01, 2012 4:01 pm    Post subject: Reply with quote

Check whether there's a "parent company" for your hagwon. I work 100% legally but the name of the company on my immi docs is different from the actual name of the school.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Mon Jan 02, 2012 2:47 pm    Post subject: Reply with quote

It's quite possible that the name that the school is officially registered under is different from the name on the sign above the door or on the letterhead. For example, the owner might have opened the school as "Kim's Hogwon" and then decided that "Mickey's English Farm" sounded better, or maybe they bought into a franchise and display the franchise name outside but still the business is officially registered as "Kim's Hogwon". It seems unlikely but I suppose it's possible. Has he checked the Korean version to be sure that it's different on the visa and contract? Definitely the address should be the same though.

Then again, it's also possible that your friend is being farmed out. That would be illegal.

In any case, if things are going bad at his school, he should probably get his affairs in order pretty soon. THEN go to immigration and tell them that he's suspicious that the school where he works isn't the place listed on his visa (which should have the school name in hangul). Just be aware that either way, he's going to get treated badly by the school. When the boss finds out that your buddy went to immi to report the school, the boss will likely explode. So, if things are bad now, they'll get worse pretty quickly. If he is working at the wrong place, i have no idea what immigration will do to him. They'll definitely cancel his visa. If they figure he had no idea until now, maybe they'll take pity on him and do nothing. Maybe someone else can give some advice from experience.
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s.tickbeat



Joined: 21 Feb 2010
Location: Gimhae

PostPosted: Mon Jan 02, 2012 7:06 pm    Post subject: Reply with quote

Last year I worked for a guy who sub-contracted his NET's to hagwons at a horrific rate while still paying us a low salary. He flew us in, and on our ARC's we were registered to his tiny hagwon. Then when we got our 6-month sub-contracts, he'd take our passports and ARC's to immigration where we'd get additional work visas. My last ARC had like 4 institutions on it.

Anyway, your friend's director is probably doing that, but illegally if your friend doesn't have the additional visas.
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