Korean Job Discussion Forums

[Contract]

HI,

I have two questions for anyone who can answer them.

1-Let's say that you're hired by a language school and your contract is signed and already registered at the immigration office AND a few weeks later your employer wants you to sign a new contract because your school is becoming a corporate enterprise and no longer a simple franchise (from what I understood)...

Question: What does an E2 visa holder do in that case? Should the teacher sign the second contact (which will be the real one)? If so, how can that be done legally speaking? How can the first contract be cancelled and the second contract be valid?

2-Let's say a teacher works for 10 months and the employer than decides to
give him/her a final notice stating that the Foreign language classes will be cancelled and the Korean classes will continue being given. This means that all Foreign teachers teaching at this school get dismissed while the Korean teachers stay at their jobs because of financially difficulties.

Question: What can the Foreign teacher do when he/she has been working for 10 months and then finds him/herself jobless? Just find another job? Can she/he get some more money other than the simple last salary (the final working day)?


Thanks,
Contract

[andrewchon]

Well, quick and dirty answers are:

1. If you're offered a new contract, then you can either take it or leave it. Old contract is gone.

2. You should get a 30-day notice and Letter of Release. When that's done, you apply for D-10 visa and look for jobs again.

Times are tough in Korea and by the looks of it, will get even tougher for ordinary folks.

[talentedcrayon]

Technically, wouldn't they be breaching the old contract if they didn't continue to honor it? Not that hagwons care about breaching contracts. There are no consequences when they do.

I don't think it's worth fighting them over OP. I agree with what Andrewchon had to say. However, if you sign the new contract I think you might need to contact immigration about it. The people sponsoring your visa have completely changed. A corporation is a separate legal entity. As far as immigration is concerned, you are employed by the people who you signed your original contract with. I can see how this could end badly for you if you don't make sure everything is totally legal. You, not the school, will face the consequences.

I don't think it's as easy as looking for a new job. If you refuse to sign the new contract, the school probably won't give you a release letter. Basically, this would mean going back home and getting a totally new set of documents all at your own expense (flights, visa...)

This being said, it's possible you could claim breach of contract and go to the labour ministry. Take the new contract with you as evidence, explain you are being forced to work for an employer other than the one you originally signed the contract with. It seems like a bait and switch scam. The labour ministry can give you a release letter if you have a case.

Basically, you either sign the contract, fight them through the labour ministry (maybe?), or you go home.

If the contract is essentially the same, just sign it and make sure your status is totally legal in Korea.

Good luck OP.

[Cave Dweller]

I would pay attention to any changes in the terms.

For example, if ABC Hagwon is changing its name to XYZ hagwon but all the terms and pay are the same, as well as the address, then why not sign it? Make sure the starting date is retro so you don't have to work more than a year to get severance.

[SeoulNate]

#2 - I would still hit up the labor board after you get your LOR. They have been cracking down on the 11th month firing

[Troglodyte]