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VanishingBoy
Joined: 11 Jan 2011
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 Posted: Wed Apr 04, 2012 3:07 am Post subject: Mislead by Recruiter |
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I'm hoping to get some advice from more experienced teachers on breaking a contract in Korea.
I recently accepted a GEPIK position in Korea through a recruiter. I arrived yesterday and this will be my fourth year working here. The main reason that I accepted this position was the lengthy vacation time. I told my recruiter that I was hoping to find a decent paying job with lots of vacation time. When I received the contract via email and it didn't exactly match what the recruiter was telling me, I enquired. She told me that the contract was the same for all GEPIK teachers and that each school had its own policies and differences. Perhaps foolishly, I signed it. Now I'm back in Korea and have discovered that the vacation time promised by my recruiter simply doesn't exist. Do I have any recourse here? I have all of the emails sent to me by my recruiter, in which I was repeatedly assured that the vacation time would be as promised. I did, however, sign the contract. I would like to break this contract in order to find a more suitable job elsewhere in Korea. Is this possible? My experiences here have been overwhelmingly positive. Perhaps that's partly why I was so willing to trust my recruiter. Any advice would be greatly appreciated. Thankyou. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Apr 04, 2012 3:38 am Post subject: |
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How many contracts did you sign? You know you should be signing more than 1, right?
Next, did you actually give your passport to them to process the visa? If not, just tell them something came up and you can't take the job. Find another recruiter.
If you did get a visa, then I think you have to wait 90 days before it expires, unless they have eased up on the restrictions. Look into the possibility of changing it to a D10 if necessary. |
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VanishingBoy
Joined: 11 Jan 2011
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| Posted: Wed Apr 04, 2012 3:51 am Post subject: |
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| thanks for the reply. yes, i signed multiple contracts. as i said, i'm in korea now so i do have a visa. i don't know if i should try to break the contract now or wait. i don't have my arc yet. i haven't received my flight reimbursement yet. i just arrived yesterday... |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Wed Apr 04, 2012 3:56 am Post subject: |
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| VanishingBoy wrote: |
| thanks for the reply. yes, i signed multiple contracts. as i said, i'm in korea now so i do have a visa. i don't know if i should try to break the contract now or wait. i don't have my arc yet. i haven't received my flight reimbursement yet. i just arrived yesterday... |
Did you apply for an ARC yet? If not, you could just put that off until you have got together another copy of your documents. |
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VanishingBoy
Joined: 11 Jan 2011
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| Posted: Wed Apr 04, 2012 4:02 am Post subject: |
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| i have not applied for my arc yet. can you please explain what you mean in further detail Troglodyte? I don't quite understand. |
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hogwonguy1979
Joined: 22 Dec 2003
Location: the racoon den
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| Posted: Wed Apr 04, 2012 4:03 am Post subject: |
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i'm sorry but if this is your 4th year working here you should know that recruiters lie through their teeth to get people here.
also if you've read this board for any length of time you know gepik has the same vacation time no matter where you were hired. you may be able to negoit more time (instead of deskwarming) if your principal is a nice person but i wouldnt bet on it |
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VanishingBoy
Joined: 11 Jan 2011
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| Posted: Wed Apr 04, 2012 4:12 am Post subject: |
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| no need to apologize hogwonguy. ive never had trouble with a recruiter before this. im asking for advice on my current situation. no, i haven't followed this forum for long and have never been employed by gepik before. if you posted simply to say, 'you should know better' - perhaps you're right but it doesn't help me in the least. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Apr 04, 2012 4:29 am Post subject: |
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| VanishingBoy wrote: |
| no need to apologize hogwonguy. ive never had trouble with a recruiter before this. im asking for advice on my current situation. no, i haven't followed this forum for long and have never been employed by gepik before. if you posted simply to say, 'you should know better' - perhaps you're right but it doesn't help me in the least. |
Wouldn't it make more sense to work about 6 months, take some vacation time and then quit? |
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soomin
Joined: 18 Jun 2009
Location: Daegu
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| Posted: Wed Apr 04, 2012 5:07 am Post subject: |
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Since you signed the contract, you have nothing on your side. As far as the school is concerned, they told you the truth and you read and signed the paperwork. The recruiter is just a middle man who can disappear at any time and who can't and won't help you should there be a dispute...
Also, GEPIK offers the most vacation time... they say
"Vacation time is 20 days instead of the common 14 days offered in other public schools, or 10 days offered in private schools"
I've always gotten 10 days or less... so, what exactly are you looking for? It might be something that just doesn't exist. Why don't you see how things go and if there are any other reasons for you to leave before you start going through the hassle of breaking a contract |
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Soldier
Joined: 21 Oct 2011
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| Posted: Wed Apr 04, 2012 5:10 am Post subject: Enforceable Contract |
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Whoa...Isn't signing a contract enforceable and signing more than one going to get one in trouble? Or, are they still about as enforceable as a double wink, a spin, and a pinky swear? Perhaps the visa is the determining factor.
I think I've been living in the west too long where a contracts exists when there is an offer and acceptance and both parties sign it. I know here if there is a breech, then you can walk away. Sounds difficult to do that as a teacher, but no so for the school owner.
I don't know for certain, just guessing. |
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northway
Joined: 05 Jul 2010
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| Posted: Wed Apr 04, 2012 5:39 am Post subject: Re: Enforceable Contract |
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| Soldier wrote: |
| Whoa...Isn't signing a contract enforceable and signing more than one going to get one in trouble? Or, are they still about as enforceable as a double wink, a spin, and a pinky swear? Perhaps the visa is the determining factor. |
I'm pretty sure he meant two copies. |
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Soldier
Joined: 21 Oct 2011
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| Posted: Wed Apr 04, 2012 5:46 am Post subject: Difference |
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| VanishingBoy wrote: |
| thanks for the reply. yes, i signed multiple contracts. as i said, i'm in korea now so i do have a visa. i don't know if i should try to break the contract now or wait. i don't have my arc yet. i haven't received my flight reimbursement yet. i just arrived yesterday... |
I am going to gues that is what he means too, I have to stop taking the posts literally. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Apr 04, 2012 5:52 am Post subject: Re: Enforceable Contract |
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| Soldier wrote: |
Whoa...Isn't signing a contract enforceable and signing more than one going to get one in trouble? Or, are they still about as enforceable as a double wink, a spin, and a pinky swear? Perhaps the visa is the determining factor.
I think I've been living in the west too long where a contracts exists when there is an offer and acceptance and both parties sign it. I know here if there is a breech, then you can walk away. Sounds difficult to do that as a teacher, but no so for the school owner.
I don't know for certain, just guessing. |
I was referring to copies. One for you, one for the school, and one for immigration. Also, I did sign one contract for an Ilsan GEPIK middle school position, got the visa, and then things went sour between me and the head English teacher. Before the contract period started, I went to immigration with another school and they just changed the location of my workplace in my passport and updated a new address on my ARC.
So, it is possible to get out of a signed contract. You can always give the 30 day notice and try to switch over to a D10. Not 100% it will happen, but you can always ask and try. |
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Soldier
Joined: 21 Oct 2011
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| Posted: Wed Apr 04, 2012 5:58 am Post subject: I See |
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| Sorry, my bad. Yes I also see how the process works now. |
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isitts
Joined: 25 Dec 2008
Location: Korea
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| Posted: Wed Apr 04, 2012 6:08 am Post subject: Re: Mislead by Recruiter |
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| VanishingBoy wrote: |
| Now I'm back in Korea and have discovered that the vacation time promised by my recruiter simply doesn't exist. Do I have any recourse here? |
Recourse? For what? You read and signed the contract in your home country, right? At that time, what did the contract say your vacation time was? And how did it magically change after you arrived here?
If you work for GEPIK, you've got plenty of vacation time. How much is your contract saying?
As a side note, you shouldn't need to sign more than one contract. I've done GEPIK twice now and I've signed one contract.
My advice, swallow your lumps and learn from your mistake (provided the school is legitimate). If you want to break contract, find one of the many threads on pulling a runner.
For future reference, always always always read the contract before signing (even if you are recontracting with the same school, because they often neglect to tell you that something changed since the last time you signed). |
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