Korean Job Discussion Forums

[Syllabus]

HI,

If you have experience with this or if you have heard about this type of situation, please tell me what you would do:

1-Imagine that in your contract, it says that after 3 written notices, you'll be dismissed from your job if you don't comply with the school's expectations. Imagine now, that your current employer leaves and the school is under new management. The school's name stays the same, but the management team (owner/director/desk staff etc.) change. Also some teachers leave the school because of this while others wait to sign their new contract. The new director plans on having the existing workers sign his new contract.

You're a teacher in this school and have signed a contract with the other director who just left. Your current and new director hasn't yet asked you to sign his new contract. Instead, he fires you because his philosophy of teaching doesn't jibe with yours and that since the enrolment has decreased a bit since you started etc. He's checked your teaching method out by supervising you for 1 week and has asked you to improve things during that time. However, unlike the flexible director that you once had, this new one is not flexible and wants his teachers to teach a certain way and so on.

He doesn't like your teaching. However, you haven't yet signed his contract which means that you're still following the other contract, the first one that you signed with the former director.

Questions:
1-Which contract is valid? Is it the one that you signed with the former director or is it the one that is still in your new boss' office? Imagine that you haven't seen the new one.
In the contract that you signed with the former director, it clearly says that after 3 written notices, the director can dismiss you if you're not assuming your responsibilites.
2-Can the new boss fire you as he wishes given his frustrations and given what is written in your contract (the one that you signed with the former director)?

Please note that the new director has successfully reported the change to the immigration office, but hasn't yet asked anyone to sign his new contract (by anyone, I mean those currently employed, not the new teachers coming to the school).

Therefore, you have been fired, so do any of you know what a person can do about this situation if she/he didn't want to leave the school, but had to because of the new policies?


2-Imagine that you're employed at a school. The school publishes a newsletter every month and puts pictures of the new employees/employers in it as well. Your picture is excluded. No one put your picture in the newsletter when you started working there. However, your colleague expats' pictures have been put in the newsletters. What would you do about this? It's too late to put your picture in a newsletter since you just found out. You started your job a few weeks ago and just noticed this recently.

Thanks,
Syllabus

[Cave Dweller]

As far as I know, the old contract is valid. It gets a little cloudy if the school name has changed. What name is on the contract (for their side?)

I believe he is liable to give you severance in lieu of notice, but don't count on seeing justice in this system.

Ttompatz would be a better source of information than me.

Lack of picture? I would enjoy being discluded. I do not wish to have my name and face published.

[ttompatz]

The bad news is that if you have been there for less than 6 months you have no recourse. They can legally terminate at will without cause.

Your new employer may NOT be bound by the terms of your old contract (you are not part of a collective bargaining unit) but your old employer would be (subject to the legal termination of your employment) under the labor standards act.

If you are lucky you will get 30 days notice and a LOR (allowing you to change employers) and you might get paid for that last 30 days (but don't count on it).

If you are unlucky you will just be let go and left blowing in the wind (not ethical but not illegal either).

As to the newsletter, let it go. It is not worth the fight and is lose/lose for you (this isn't home).

.

[Troglodyte]

Your situation will depend on a few factors. The most important is whether or not the school as a legal entity was sold to a new owner, or the school was officially shut down and the old owner merely sold off the building and equipment and the new guy has simply set up shop in the same building and retained the same name on the sign out front. (Note that the name on the door is often NOT the official name of the place on the legal paperwork.) In the first case, you would still be under your original contract and there is no need or obligation to sign a new one unless it's to your benefit. If you DO sign a new contract then your time at the company will continue to accumulate (it doesn't reset). In the second case, then you have illegally been "fired" and you have no official connection to the school or the boss who you seem to be currently working for. When a business with employees is going to shut down, they first need to register this and get approval. Approval will be given. AFTER approval, the boss needs to give the employees 30 days notice. It doesn't matter if you're in your probationary period or not, you still need to be notified 30 days in advance or get 30 days of pay (and other standard benefits such as your accommodation). Immigration will let you transfer your visa (to another employer or to a D10 visa).

You need to find out which is the case. If it's the second case then you need to go to the LB right away to report the situation. If you wait too long then you're more likely to be considered an illegal worker, plus you're less likely to get any money because the old boss will have legally dispersed it and have nothing left for you.

If it is actually the first case then go to the LB right away (without missing work) and report that your boss threatened to fire you because they are losing money and he needs to cut back on expenses. (The new boss told you that.)


About the newsletter... forget about it.


Next time you ask for advice, just tell us your situation and ask for advice. We don't need a fancy story. We also don't need to "image". Just tell us the plain facts. We're adults, not 5 year olds.

[Syllabus]

HI,

This is to avoid misunderstandings. I would like to reply to this:

"Next time you ask for advice, just tell us your situation and ask for advice. We don't need a fancy story. We also don't need to "image". Just tell us the plain facts. We're adults, not 5 year olds."


1-"Next time you ask for advice, just tell us your situation and ask for advice."
-I did do that although I didn't do it in the order (situation/advice). Instead, I said this:
"If you have experience with this or if you have heard about this type of situation, please tell me what you would do."
...and I told the situation...


2-"We don't need a fancy story."
-What you read is in my writing style. I'm not a writer. I'm not storytelling, just writing in a diplomatic fashion because there are other people reading this online. I don't want to hurt anyone's feelings. Also, I'm just trying to be neutral, so to get the most objective response(s) as possible.

3-"We also don't need to "image"."
- I'm a professional in Korea and do have pride for the work that I do. I do have an image as a teacher and do care about those other professionals reading me online. I do have professional awareness.

4-"Just tell us the plain facts. We're adults, not 5 year olds."
-I said all that needs to be said. I don't know all of the facts and nor do the people in the situation above, know them. It's sad, but sometimes, it's how life is in Korea. We can't always get "the plain facts" or answers. Circumstances make it that way, sometimes.
-I'm aware that I'm writing to adults, not to 5 year olds. I write simply and try to stay neutral while I diplomatically outline some facts about the situation mentioned above.

To sum up, what you read (see my previous message) is my writing style. It's written in a polite way, I would say. It's something with which I'm comfortable. This is not the place to spill my guts. I'm not in my country, but in someone else's.

Syllabus

[Hokie21]

1. I think "image" was probably a typo...I'm guessing they meant "imagine."

2. Don't take yourself so seriously.

[Troglodyte]

As Hokie suggested, it was a typo.

That's not the important thing though. You got some good advice but you're focusing on the minor criticism. Sure, it might have been a bit harsh but it was something that you really should take into consideration (you might have noticed that you haven't yet got many replies to your original post). What you REALLY should be concerned about right now is your legal situation. Depending on what happened with the school, you could very well be working illegally or even be in the country illegally. Right now you need to find out what's going on and take care of it without delay. THAT's what you need to focus on.

After you're sure that the popo aren't coming for you, THEN take the time to counter-criticize strangers on the internet.

[Syllabus]

HI,

I got inspired by some of your ideas concerning the situation mentioned. I didn't need many ideas because I've gotten advice elsewhere. However, your ideas about the situation helped see a general picture.

Thanks again.

Syllabus