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Troglodyte
Joined: 06 Dec 2009
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 Posted: Sun May 03, 2015 8:02 am Post subject: |
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| CentralCali wrote: |
| Better yet, tell them to sod off. Look for a job with another outfit. |
Yep.
I know that it's too late for the OP, but for anyone else who happens to receive a contract like this... toss it. Even if you get them to correct the contract to fit the law, you still can't trust the place. Any employer who tries to fool you into believing such BS is definitely going to try other stuff on you as well. They'll figure out just how much they can screw you over without any problems for themselves. The most common thing is to withhold part (or all) of your last salary because they know that you've already bought a plane ticket home. Sure, if you're sticking around you can fight them over what you're owed but why both with all that hassle? Just avoid them in the first place. |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Tue May 05, 2015 5:58 am Post subject: |
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| CentralCali wrote: |
| how stacked the deck is against the foreigner. Korea could easily fix that problem by removing the "ownership" of the visa from the employer. |
Yeah.. the E2 is dizzying in terms of its one-sidedness.
As if the the slave-visa was not enough, the current market has shifted everything even more in the employers favour.
Ajosshis have finally arrived at their ideal situation whereby they can unleash their full inner jackass without any consequences. |
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samd
Joined: 03 Jan 2007
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| Posted: Sat May 09, 2015 12:02 am Post subject: |
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| CentralCali wrote: |
| samd wrote: |
| Quote: |
| Is this a CDI contract? |
Yes. I know I'm an idiot for signing with them. |
I'll probably get jumped on for saying this; however, by 2015 anyone who signs on with CDI does not deserve any sympathy whatsoever. Seriously, how can you not know the brand's reputation by now? |
Agreed, I deserve none. Almost didn't write the details here out of shame but I figure if it adds to the chorus it might help a future moron like me.
| CentralCali wrote: |
| Quote: |
| Actually, that does not matter that much since, as mentioned above, labor law is what rules. And do not believe for a second those idiotic foreigners or Koreans who say "the contract in Korea does not mean anything". That's rubbish, bunk, malarkey, horse apples, bull. It's absolutely incorrect. The first words out of the labor board investigator's mouth are going to be "Let me see your contract". He'll compare the contract to the labor law and go with what's legally more favorable for you. The courts do the same. Yes, contracts do matter provided they adhere to the labor law. |
Good. |
I plan to go to the labor board if I get screwed on pay, will report back here with results when it happens. |
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CentralCali
Joined: 17 May 2007
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| Posted: Sat May 09, 2015 3:43 am Post subject: |
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| samd wrote: |
| CentralCali wrote: |
| samd wrote: |
| Quote: |
| Is this a CDI contract? |
Yes. I know I'm an idiot for signing with them. |
I'll probably get jumped on for saying this; however, by 2015 anyone who signs on with CDI does not deserve any sympathy whatsoever. Seriously, how can you not know the brand's reputation by now? |
Agreed, I deserve none. Almost didn't write the details here out of shame but I figure if it adds to the chorus it might help a future moron like me.
| CentralCali wrote: |
| Quote: |
| Actually, that does not matter that much since, as mentioned above, labor law is what rules. And do not believe for a second those idiotic foreigners or Koreans who say "the contract in Korea does not mean anything". That's rubbish, bunk, malarkey, horse apples, bull. It's absolutely incorrect. The first words out of the labor board investigator's mouth are going to be "Let me see your contract". He'll compare the contract to the labor law and go with what's legally more favorable for you. The courts do the same. Yes, contracts do matter provided they adhere to the labor law. |
Good. |
I plan to go to the labor board if I get screwed on pay, will report back here with results when it happens. |
The problem, though, with CDI contracts is that the Labor Board is not going to agree with you at the moment, assuming that you signed a standard CDI contract marking you as an independent contractor. They might even tell you that you're not eligible to file a complaint as you are your own employer. First you'll have to get a court to declare that the other provisions of the contract prove that you are in fact an employee. And that's not going to be a quick ride most likely because you'll end up having your case consolidated with the other sucke...er, poor sods who signed on over the years with those bastards. There's a good reason CDI's the target of a class action suit.
Note for the CDI apologists: I really do not see how you can read stories like this and still be flacks for that outfit. Completely disgusting. |
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isitts
Joined: 25 Dec 2008
Location: Korea
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| Posted: Sun May 10, 2015 10:47 pm Post subject: |
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| CentralCali wrote: |
| There's a good reason CDI's the target of a class action suit. |
That's still hasn't been settled? Wow. |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon May 11, 2015 2:13 am Post subject: |
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| isitts wrote: |
| CentralCali wrote: |
| There's a good reason CDI's the target of a class action suit. |
That's still hasn't been settled? Wow. |
Look how long the KTX case took to get decided, and the plaintiffs in that case were legally permitted to unionize, strike, and demonstrate. |
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talentedcrayon
Joined: 27 Aug 2013
Location: Why do you even care?
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| Posted: Thu May 21, 2015 8:24 pm Post subject: |
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OP,
Don't beat yourself up too much. Just move on.
I was in a similar situation a year ago because of an illegal clause. I also knew it was illegal when I signed the contract. I stupidly figured... "if they try to use that clause I can just go to the labour ministry." Easier said than done...
I agree with everything that everyone has said here.
But, don't beat yourself up. You are just new... you learned the hard way... just like I did. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Fri May 22, 2015 1:32 am Post subject: |
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| CentralCali wrote: |
| isitts wrote: |
| CentralCali wrote: |
| There's a good reason CDI's the target of a class action suit. |
That's still hasn't been settled? Wow. |
Look how long the KTX case took to get decided, and the plaintiffs in that case were legally permitted to unionize, strike, and demonstrate. |
I think that it was settled back in the fall. The court agreed that the teachers could not be independent contractors and that regardless of what their contracts might say or how they might have been registered, they were in fact regular employees. |
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CentralCali
Joined: 17 May 2007
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| Posted: Fri May 22, 2015 2:40 am Post subject: |
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| ^Troglodyte: You wouldn't happen to have a link to a news story (either in English or Korean) announcing the result of the case, would you? |
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Porksta
Joined: 05 May 2011
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Sat May 30, 2015 12:06 am Post subject: |
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| Bongotruck wrote: |
Not an idiot. Maybe a noob. No offense intended.
This is the sort of shit the government allows by making it illegal for foreigners to unionize. |
It's not illegal for foreigners to unionize and hasn't been for quite some time.
http://www.rjkoehler.com/2008/03/18/english-teacher-union-bad-news-for-hagwon/
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| Sorry, anyway, the Ministry of Labor says there are no legal barriers to ATEK becoming a union. This is because according to current labor laws, the government cannot limit workers’ rights to join and form unions based on nationality, race or social position, and the English teachers who would join the union are legal residents who have received formal employment visas. |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Sat May 30, 2015 10:15 am Post subject: |
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| Why would you sign such a contract? |
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hogwonguy1979
Joined: 22 Dec 2003
Location: the racoon den
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| Posted: Sat May 30, 2015 10:39 am Post subject: |
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| Don't know what was/is a bigger joke, a current CDI contract or ATEK back in the day, talk about a clusterf*^k of an organization. |
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Bongotruck
Joined: 19 Mar 2015
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| Posted: Sat May 30, 2015 11:09 pm Post subject: |
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it was funny that the second atek said they were representing all the fooreign teachers in korea, several hundred people jumped up and said 'you don't represent me.'
then electing a leader who had her child die in korea. yeah, she'll he unbiased.
| hogwonguy1979 wrote: |
| Don't know what was/is a bigger joke, a current CDI contract or ATEK back in the day, talk about a clusterf*^k of an organization. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Jun 10, 2015 4:08 pm Post subject: |
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Agreed that ATEK was a disaster and a joke.
However that was not the point I was making...I was simply pointing out that it is not illegal for foreign teachers to unionize. |
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