Korean Job Discussion Forums

[ruunie641]

So I started working for this hagwon in Korea about a month ago and due to personal issues with the vice director of this school a Korean American guy who is rude, sexist, and says many borderline harassing things to me ( I don't drink, eat meat and am religious he seems to be irked by this) on a weekly basis that I have isolated myself from being anywhere near him.

Besides that the school is great, I love my students and my head director is a kind woman. Its just that working with this guy can get unbearable at times. I don't think I can work with here for more than 6 months due to this guy I'm afraid to say. Going to my head bosses won't do anything, this guy has received complaints from students and parents at this school due to his inappropriate behaviour and less than adequate teaching skills. and my head director refuses to address these concerns or the fact that NO other foreign teacher has ever renewed their contracts here due to having issues this this guy. I really like working in Korea and the everything, its just that this guy is causing a bigger headache than I would like.

Looking at my contract, there are alot of questionable clauses that don't make sense like resignation and termination of contract. Can someone look at these clauses and tell me what are my options. I was planning to stay in at this school until the 7 month mark then quit and request a LOR or D-10 visa. However, it seems like if I quit regardless of being there more than 6 months I would still have to pay them the flight and my visa would be cancelled which I think is unfair because by then I would have worked it off. Can anyone please give me advice? Can they truly cancel my visa if I choose to quit?


Signature: Employer___________________ Employee______________________
Article 10 (Airfare)

� Employer shall provide the Employee a one-way economy-class airfare for the big cities of Employee�s home country such as Toronto, Vancouver, New York and Seoul-Incheon International Airport. Employer agrees to purchase the one-way airfare for the Employee prior to Employee departing for Korea.
� All connecting flights within the Employee�s home country, or any other flights not provided for in the travel itinerary authorized by Employer, shall be paid for by Employee.
� If Employee�s contract is terminated, whether by Employee or Employer, within six months of the contract commencement date, Employee shall repay the price of the ticket on a pro rata basis calculating the number of days that the Employee has worked since the start of employment.
� After Employee has completed the full period of employment, and all duties within that period, Employer shall provide the Employee one-way economy airfare from Seoul-Incheon International Airport to the biggest airport of Employee�s home country. However, if Employee renews the Contract for an additional year, return airfare will be provided to the Employee at the end of the renewed Contract period.
� If already present in South Korea upon signing the contract, after fulfillment of the contract for one year, a one-way ticket back to the United States or Canada will be provided.
� If the contract end date falls on the end date of one of the vacation period or after, then the airfare ticket back to the employee�s home country will be provided at the beginning of the vacation period.




Signature: Employer___________________ Employee______________________
Article 13 (Termination of Agreement)

� Resignation
If Employee wishes to resign from the Employment and terminate this Contract, he/she must give Employer sixty (60) days prior, written notice of resignation stating a date of and a reason for resignation. If Employee chooses to resign, the airfare for the return flight shall be paid by Employee, and his/her VISA shall be cancelled. If the Employee was hired by using a recruiter, the Employee is responsible for the recruiter�s fee. The Employee will pay back the recruiting fee paid by the Employer by calculation of the days he or she has worked for the Employer.
� Termination by Employer
Employer may terminate this Contract for any one of the following reasons:
� If Employee violates the laws of the Republic of Korea.
� If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract for any reason.
� If Employee is absent from work for more than three (3) days without Employer�s authorization.
� If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)
� Probation Period
� The first 3 months of the one year contract, starting from the first day of this contract stated in Article 5, is a probation period. The instructor is required to follow all the articles within the contract and perform up to the standards of Koreapolyschool and POLY Magnet (all branches/franchises) as an English instructor.
� If the instructor fails to uphold the values of Koreapolyschool or POLY Magnet branches/franchises in anyway; and/or fails to follow suggestions or constructive criticism, this contract will be terminated.

In the event that this Contract is terminated pursuant to the foregoing Article 13, Employer shall pay Employee a pro-rated, monthly salary based on the number of days actually worked by Employee during his/her last month of employment. The Employee shall immediately refund the airfare loan according to the terms under Article 10-3.

[CentralCali]

You can legally terminate the contract by simply quitting. By law, there is no required minimum days notice for you to give for quitting. Now, the contract very well may have valid consequences for such action, one consequence would be the repayment of airfare. Your contract is the first one I've seen where the repayment is figured on a pro-rated basis. Every contract I've seen which has repayment (the vast majority of the contracts) of airfare is an all or none deal: repay full airfare if terminating before 6 months, pay none if terminating after 6 months.

By the way, you are confused about the school director's kindness. A kind person does not permit that kind of environment to exist in their company. I'm guessing you're on an E-2 visa and that you don't have a support network in Korea, so I'd say your best bet is to simply leave Korea. There's not a thing that they can do to you for that. Get paid, go to the airport, send E-mail to the boss telling her why you could no longer work there. Maybe the boss will learn that the environment she allows to exist at her company is the root cause, but I seriously doubt she'll learn. She'll just blame you for causing her problems. Don't react to any responses you get from the boss for your actions.

[ttompatz]

Quitting and making sure you get paid is not a contractual matter but a labor board matter.

The employer cannot cancel your visa unilaterally. They can cancel their sponsorship (which is a good thing if you want to move along).

If you quit or get fired you have 14 days to either:
a) leave Korea
b) contact immigration and report your change of status.
(c) the employer fires you can cancels their sponsorship of you.

IF (a) then no worry. You can do whatever you want to after you leave without concern for the old employer (return, go somewhere else, return home). Returning and looking for a new job will entail a new visa from the start (including new documents).

If (b) then they will give you 30 days (from the last date of employment) to find a new employer (sponsor) and transfer your visa or leave Korea.

If (c) then you have 14 days from the last date of employment to report to immigration and get a d10.

Do be aware that changing to a new job will probably not be much different than what you encounter now on the job. This is not the good 'ol UsofA; those types of workplace issues are commonplace.

.

[ruunie641]

Thanks for the input guys. I'm confused about the pro rata calculation of ticket to pay back. Can someone try to break it down to me in plain english. Does that mean that I have to pay interest on top of the ticket. Because the cost approximately $860 US dollars and thats all I'm willing to pay. Also they included this bogus claim in the contract that I have to pay the recruiter fee as well. I shouldn't have to pay them back, especially since I'm planning to stay here until the 6 month mark and give my two months notice the honest and practical way

On another note, the reason why I don't like working in this environment is because I do enjoy working in an office where diversity or different lifestyle choices are accepted. I'm from a multicultural city in Canada where I have worked alongside many different people from different ethic backgrounds, religions, and cultures. I have never been questioned nor been scrutinized due to my ethnicity, religion, and culture by the foreign teachers I work with. I can deal with people not liking me, I just won't tolerate to working with an Korean American frat boy who won't respect my life choices.

[kardisa]

[TheUrbanMyth]

[YTMND]

[ruunie641]

Thanks for the input guys. Maybe I should of expressed that the issue I have at my workplace is no due to Korean culture or homogeneity, rather its working with the head foreign teacher who is a Korean American guy that has said some rude, disrespectful, and demeaning things to me. I've decided to record anything he says on a piece of paper and when push comes to shove I'm going to head office to report this.

I have no issues with any other person or teacher at my hagwon, my issues largely stem from being forced to interact with someone that has no filter and feels like he can say whatever he wants. The fact that he has received numerous complaints from former teachers and the school,students, and parents he has no received any punishments whatsoever, its like he got a hold over my directors. I don't think I can win against this guy so my only hope is to try to get another job here.

But the problem is my contract said they would cancel my visa if I were to resign which I think is unfair so I'm thinking about getting a second copy of documents in case shit goes down after 7 months. Plus, I don't think its's fair that I should pay the recruiter fee at all, that's something they should ask my recruiter for back, especially if I worked there more than 6 months.

Any advice would be welcomed. I really like living in Korea, its just a shame that my job would have been perfect if it weren't for my imbecile associate director.

[YTMND]

[cincynate]

[CPJ]

One thing you should be aware of is the new immigration policy. I am not sure if it is for Busan only or for all cities, but quitting a job and leaving the country does not mean you can come back and get a new visa.

They now require a release letter or permission from your previous school to get a new job if you have not completed 11 months.

In Busan at least, 11 months is the amount of time that your school pretty much owns you.

[CentralCali]

[CPJ]

It's a fact!

I'm not talking about public schools! I'm talking about hagwons!

If you worked at a public school, they probably didn't care. They were probably happy that you left.

If you walk out on your hagwon without a release letter and try to get a new visa, then the immigration office will call your previous school if 11 months has not passed.

If your previous school says that you ran out on them and they do not give permission for you to get a new visa, then no such luck.

Even leaving the country to cancel your visa and coming back on a tourist visa will not work.

This has affected 2 people that I know.

Call the immigration office. It's pretty easy to find out.

[CentralCali]

I've a better idea for you. You made the assertion, you back it up. A good way to back it up is to cite the actual law or policy involved. And since the hagweons and the public schools both have to follow the same rules for E-2 visas, it doesn't matter whether the employer is the POE or some hagweon.

By the way, do you care to explain this comment?

[Troglodyte]