Korean Job Discussion Forums

[midnightpariah]

We were just told that our school (School A) is being taken over by a new company (School B). We were given a document to sign that says that we accept the new company and that because School A's assets were sold to School B, that School B is going to be in charge and School A is now gone.

The question I have is what happens if we don't want to sign the paper. We don't know much about School B and it makes me feel a bit nervous. What happens from an immigration stand point. Do we need a letter of release (I'm half-way through my 2nd contract)? Will we get our severance?

Any help would be appreciated!

[J Rock]

Take that document to the new director and say, "thanks, I needed something to wipe my ass with!"

OR, you could draft up a document of your own document saying something like you will still recieve your severence regardless of the sale of the hagwon from A to B.

Give it to your manager and agree to sign his document if he agrees to sign yours. You can gauge his reaction on whether or not you will be receiveing your severence.

I'd personally go with the first option, but that may cause a little tension between you and him. But it sure would be fun!!!!

[Troglodyte]

Don't sign it. There is nothing for you to gain from signing it.

Your situation is a bit unclear but it's probably one of the following.
1. School A was bought as an existing business by school B. The ownership of the business was transferred from Mrs. Kim to Mr. Park. In that case, your original contract is still valid. You were never employed by Mrs. Kim, you were employed by School A (a legal entity). Who owns School A is irrelevant because you work for the school.

2. Mrs. Kim officially closed up shop and shut down the school. She then sold the office space, the furniture, the books, and the student list to Mr. Park or School B (a legal entity). Mr. Park is opening a new school in that same office space, and is going to keep the same sign above the door, and next month when little Minju's mom comes to pay the monthly tuition he'll accept it and there will be classes exactly as there were when School A was there. But this will not be School A because that business no longer exists. In this case, you've been fired by Mrs. Kim and Mr. Park (or School B) is offering you a job. Your original contract will be finished. Your visa will finish up in 14 days. Mr. Park and School B have no legal obligations to you other than what new contract you sign with them.
In this scenario, Mrs. Kim needs to file with the Ministry of Employment and Labor to declare that she's shutting down the business (School A) and will need to fire everyone. After she gets approval for this (she WILL get approval) THEN she has to give you and everyone else 30 days notice. It doesn't matter if you're in the probationary period. You still get 30 days. OR pay in lieu of 30 days. If not, then you can take her to court for unjust termination. You can also try to claim contract finishing bonuses (e.g. flight home and severance) that you lost out on. Maybe you'll win on those points, maybe not. You'll definitely win on the 30 days notice or pay.

If you didn't collect severance at the end of the first contract then you should get it (18 months worth) when this current job ends. If you work for 6 months at School B then you're owed nothing for that time. But make sure you get that severance NOW. If not go to the LB. In 6 months from now, Mrs. Kim will no longer have that money and you'll be SOL.

You should find out which of these situations you're in. If it's situation B then go to the LB and complain. OR negotiate something with Mr. Park and School B. You want an extra 1 million bonus after 6 months (written in to the contract). Don't call it severance. Call it a 6 month completion bonus. Otherwise, negotiate whatever else you would have got from School A. If they won't go for that, then go to the LB to report Mrs. Kim and School A.