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Hagwon trying to change my contract/get me to sign a new one

 
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jennad



Joined: 02 Dec 2010
Location: San Diego

PostPosted: Mon Feb 06, 2012 11:40 pm    Post subject: Hagwon trying to change my contract/get me to sign a new one Reply with quote

My hagwon is trying to change a few things in my contract, and I don't want it to happen. From what I've been told, contracts don't mean much in Korea, but the spoken word holds more weight. I can't say if that's true, but it doesn't make any kind of logical sense. How do people conduct business here if things that are agreed upon in writing are changed or are not upheld?

Here's the background: Our school is on its fourth director in the eight months I've been here. Enrollment is super low and I know we're not doing well at all, though I have no idea how close to actual bankruptcy we are. The new director/owner decided she wanted to change our over-time pay, which ultimately means we can work more over-time without getting paid as much over-time. This was obviously decided to save money and squeeze as much out of us as possible. My contract plainly states that anything over 21 hours a week will be considered over-time. Is there anything I can do to dispute this without getting myself fired? I unfortunately still need this job.

The other thing has to do with our apartments. The new director is deciding eight months into my contract that she wants an apartment deposit of 400,000 won. Ummmm....what?? I'm pretty sure she's going to try to include this somewhere on the new contract she wants me to sign. This doesn't make any sense because no walk-through was ever done on my apartment when I moved in, and there were a bunch of problems--scratches on the floor, broken appliances, dirty walls, etc. It just seems like a way for the school to pay to repair existing problems in my apartment with my money when I move out.

Any advice? I am officially one of the Dave's stories I read about a year ago and thought, "Man, that blows. I'll find a much better job than that person."
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iggyb



Joined: 29 Oct 2003

PostPosted: Mon Feb 06, 2012 11:58 pm    Post subject: Reply with quote

If it were me, I'd start looking for a new job and prepare to ask for a Letter of Release.

Would I sign the new contract? I don't know. I wouldn't agree to give a 400,000 Won deposite at this point, that's for sure, but my focus would be on getting out of the sinking ship.

Leaving would say goodbye to severance, and 8 months in, I'd want that, but given what you've written, I'd give it 50/50 or worse that they'll give it to me.

I might sign a new contract for less on overtime if it didn't add up to too much difference in what I was previously getting. Or I might just agree to it while I'm looking for other work.

If I decided to stay until the end of the contract, I wouldn't sign the new agreement preferring to get the money out of them right now since you can't count of them to give severance once they no longer need you.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Feb 07, 2012 12:22 am    Post subject: Reply with quote

Don't sign anything. (you are not required to and they cannot force you to - labor law).

Start looking for a new job (this one sounds like it is ready to hit the wall already).

Document everything so you will be ready for a labor board tribunal when you get screwed at the end of it all (almost a 100% guarantee).

.
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jennad



Joined: 02 Dec 2010
Location: San Diego

PostPosted: Tue Feb 07, 2012 12:30 am    Post subject: Reply with quote

ttompatz wrote:
Don't sign anything. (you are not required to and they cannot force you to - labor law).

Start looking for a new job (this one sounds like it is ready to hit the wall already).

Document everything so you will be ready for a labor board tribunal when you get screwed at the end of it all (almost a 100% guarantee).

.


I'd consider finding something else right now except 1. I don't want to be stuck at another hagwon for a year and 2. If I peace out, I most assuredly won't get a letter of recommendation necesssary for scoring a public school job through GEPIK or EPIK--which I want to do in the fall. My contract is up in June. I'm in an awkward place.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Tue Feb 07, 2012 1:00 am    Post subject: Reply with quote

Quote:
which ultimately means we can work more over-time without getting paid as much over-time.


Ultimately? Give us the whole thing. What do you mean by this? Until then, I can't say you have a case.

Quote:
The new director is deciding eight months into my contract that she wants an apartment deposit of 400,000 won.


I don't see the problem here. Schools often take 600,000-900,000. The comments about finding another job might be FAR, FAR, I repeat again, FAR worse.

So, back to number 1. What on earth do you mean by them giving more overtime? What was the EXACT change? You completely left this out of your original post. That is the important ESSENTIAL condition.

For example, are they asking for more classes per week? What exactly are they asking for? You didn't mention this, so we can't really know.
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morrisonhotel



Joined: 18 Jul 2009
Location: Gyeonggi-do

PostPosted: Tue Feb 07, 2012 1:16 am    Post subject: Reply with quote

YTMND wrote:


I don't see the problem here. Schools often take 600,000-900,000.


You don't see the problem of a)the school changing the contract as that's what that amounts to or b) handing cash over to a school that the OP has acknowledged is struggling? I see no problems with that change whatsoever. Rolling Eyes
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iggyb



Joined: 29 Oct 2003

PostPosted: Tue Feb 07, 2012 1:17 am    Post subject: Reply with quote

It is reasonable to assume what he means is they want to either drop the amount paid per hour overtime or change the minimum number of hours worked before overtime kicks in. Either way, the idea was he'd get paid less for overtime than what the currrent contract says.

Next, why would anyone pay a security deposit on a place they've been living in for 2/3rds of the contract? That is for any school -- but when a school is showing signs of going under....it makes much less sense.

It sounds like the school is on the verge of going under. We hear about cases like this from time to time and I've been in one.

OP, things don't get better. If you are lucky, the school will limp along until after you are gone and you'll get your pay.

I'd bet my money, however, on things getting worse between now and June. Have they given you less money than they owed before now? I'd guess they will in the coming months whether you sign the new contract or not. I'd also bet some that you will never see severance.

You're taking a risk no matter what you do.

The chance you won't lose some money is not good.

Sorry. I can't remember reading about a school rebounding once things like this have cropped up.
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jennad



Joined: 02 Dec 2010
Location: San Diego

PostPosted: Tue Feb 07, 2012 1:24 am    Post subject: Reply with quote

YTMND wrote:
Quote:
which ultimately means we can work more over-time without getting paid as much over-time.


Ultimately? Give us the whole thing. What do you mean by this? Until then, I can't say you have a case.

Quote:
The new director is deciding eight months into my contract that she wants an apartment deposit of 400,000 won.


I don't see the problem here. Schools often take 600,000-900,000. The comments about finding another job might be FAR, FAR, I repeat again, FAR worse.

So, back to number 1. What on earth do you mean by them giving more overtime? What was the EXACT change? You completely left this out of your original post. That is the important ESSENTIAL condition.

For example, are they asking for more classes per week? What exactly are they asking for? You didn't mention this, so we can't really know.


Well, I was trying to give the short version. But according to our old contract, if we worked over 21 hours in a week, we would get over-time. Now, they are changing it to the month. So we now have to hit over 84 working hours to get any over time.

So, on average I work about 19 hours each week. Let's say one week they give me a crazy schedule and I have to work a lot more instead. That means that under this new policy, I could potentially work 3 weeks of 19 hours (normal) and then one week of 27 hours and not get paid for the extra hours because I didn't hit the over-time requirement of 84 hours in one month. Whereas if I was still getting paid over-time by the week, I would most certainly get paid for the extra hours for that particular week.

And yes, a hagwon asking for an apartment deposit isn't unreasonable, but when I have already been in the apartment for almost 9 months and there was never an initial walk-through performed, it is ridiculous.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Tue Feb 07, 2012 1:58 am    Post subject: Reply with quote

The hour change is little bad. Sounds like the school wants to even things out. Still at 84 hours a month pretty nice. In the end the choice is yours if you want to sacrifice that.

As to apartment well, I would understand wanting a deposit. Still 9 months in. Talk with them! Ask what they are worried about with the apartment - leaving bills, damages, etc? Maybe you can negotiate about it. If possible consider having a third person holding the deposit.

My advice is if the want to go monthly on hours and it is reasonable to you. Just tell them you will accept it - verbally, but be very careful on signing, The signing a new contract can come other tricks, from whoops your monthly wage went down to wow you apparently extended for another 6 months!

Still in the end take Toms advice. Take these signs as a message to prepare. So if you are staying, getting paperwork ready. Leaving having some extra money for a plane ticket.

Good Luck
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iggyb



Joined: 29 Oct 2003

PostPosted: Tue Feb 07, 2012 2:05 am    Post subject: Reply with quote

Since you plan to stay in country anyway, it is less a concern, but having enough money set aside for a 1-way ticket home is always a good idea. New people should establish that within the first couple of paychecks.
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