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Hagwon cancelling contract

 
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milacek



Joined: 21 Jun 2015

PostPosted: Wed Jun 24, 2015 1:24 pm    Post subject: Hagwon cancelling contract Reply with quote

I have a kind of unusual case and I have not been able to find any related information online.

I had an interview with a hagwon about a month ago, they offered me a job and I signed the contract. The day I was going to mail all my documents they told my recruiter they can no longer hire me because they do not have enough students due to MERS. This is about a month before I was supposed to start.

To me, a contract is a binding document but I was wondering if that is not the case in Korea? Any help? They cancelled my contract due to no fault of my own.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Wed Jun 24, 2015 2:11 pm    Post subject: Re: Hagwon cancelling contract Reply with quote

milacek wrote:
I have a kind of unusual case and I have not been able to find any related information online.

I had an interview with a hagwon about a month ago, they offered me a job and I signed the contract. The day I was going to mail all my documents they told my recruiter they can no longer hire me because they do not have enough students due to MERS. This is about a month before I was supposed to start.

To me, a contract is a binding document but I was wondering if that is not the case in Korea? Any help? They cancelled my contract due to no fault of my own.


Unfortunately it's only binding if you are in Korea. Be happy that they told you before you sent your documents.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 24, 2015 2:49 pm    Post subject: Re: Hagwon cancelling contract Reply with quote

milacek wrote:
I have a kind of unusual case and I have not been able to find any related information online.

I had an interview with a hagwon about a month ago, they offered me a job and I signed the contract. The day I was going to mail all my documents they told my recruiter they can no longer hire me because they do not have enough students due to MERS. This is about a month before I was supposed to start.

To me, a contract is a binding document but I was wondering if that is not the case in Korea? Any help? They cancelled my contract due to no fault of my own.


The contract means nothing until you have a visa in your passport and have arrived in Korea. Additionally, there are limitations on employment contracts (defined in labor law) unlike other, general contracts.

Korea is NOT the same has home. New rule book for you to learn. What applies at home is NOT the same as Korea.

That contract is now dead and gone. Start again.

.
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pmwhittier



Joined: 03 Nov 2011
Location: Korea

PostPosted: Wed Jun 24, 2015 7:08 pm    Post subject: Reply with quote

I would also add that contracts are treated as a "fast and loose" set of guidelines that the employee MUST follow, but the employer seldom does. Sadly, the labor board will not even look at a contract as long as the hagwon owner has enough money.

I am speaking from first hand experience.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 24, 2015 10:21 pm    Post subject: Reply with quote

The MOEL doesn't care about employment contracts at all except as it relates to labor law. Their only concern are violations of labor law.

If there is a contractual breach that does not contravene labor law they don't care. It is a civil matter and not one for the MOEL.

.
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Aine1979



Joined: 20 Jan 2013
Location: Incheon

PostPosted: Fri Jun 26, 2015 1:45 pm    Post subject: Reply with quote

MERS has had a negative effect on a lot of hagwons, and it obviously wasn't something anyone anticipated. It's much better that they were up front and cancelled the contract before you came out to Korea.

Luckily you hadn't sent off your documents and so can still apply for other jobs.
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Scorpion



Joined: 15 Apr 2012

PostPosted: Sat Jun 27, 2015 2:56 am    Post subject: Reply with quote

Aine1979 wrote:
MERS has had a negative effect on a lot of hagwons, and it obviously wasn't something anyone anticipated. It's much better that they were up front and cancelled the contract before you came out to Korea.

Luckily you hadn't sent off your documents and so can still apply for other jobs.


Agreed! Your hogwan boss is what passes for 'highly moral' is this land of astonishingly unscrupulous employers. There is no shortage of hogwan horror stories here on Dave's. Hundreds of them. Public schools, too. Take this as an introduction to working in Korea. You learned your first lesson almost painlessly. It could have been much, much worse. You might choose not to come, but if you do you now know to have your eyes wide open. Luckily your new job might not be too bad. Make 100% sure you talk to the foreign staff at the hogwan first. And be sure the owner isn't standing over him or her listening to any information they may want to convey to you. It's common practice here.

This ain't Canada.

Good luck to you.
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