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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jul 07, 2015 3:08 pm    Post subject: Reply with quote

CentralCali wrote:
ttompatz wrote:
While being moved into an unused classroom (room on school property converted for living) is not a particularly nice thing to do it is also not illegal (read dorms).


I think it's rather clear that the so-called living quarters which the OP and others at the same outfit have been moved to are certainly not dorms. And a dorm would likely be listed with the appropriate government entity as a type of residence, would it not?


"Dorm" is not what you think of when you were at uni.

It is defined as living quarters on-site that is provided by the employer and NOPE. There are some rules (in law) but the labor law was not breached.

.
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Jul 07, 2015 3:44 pm    Post subject: Reply with quote

ttompatz wrote:
"Dorm" is not what you think of when you were at uni.

It is defined as living quarters on-site that is provided by the employer and NOPE. There are some rules (in law) but the labor law was not breached.


I'm not concerned about labor law in this specific issue, but rather other laws or regulations.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jul 07, 2015 7:28 pm    Post subject: Reply with quote

CentralCali wrote:
ttompatz wrote:
"Dorm" is not what you think of when you were at uni.

It is defined as living quarters on-site that is provided by the employer and NOPE. There are some rules (in law) but the labor law was not breached.


I'm not concerned about labor law in this specific issue, but rather other laws or regulations.


It's not the litigious states here .... you're dreaming. It is a "Dorm" annexed to a business...
and
labor law about the housing of employees is the only law that applies (Chp. X, articles 98-100) unless there is a contractual clause then it becomes a civil court matter.

.
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Fourfeathers26



Joined: 22 Jan 2015

PostPosted: Tue Jul 07, 2015 8:03 pm    Post subject: Living in a school classroom, that is operating Reply with quote

First thank you for all of the good advice. I have been speaking to my agency and they agree that the housing is illegal and a fire hazard, it also clearly breaks the contract which states "single unit housing for each employer." My school also did not pay the last two teachers for six months of their tenure and are very untrustworthy. Regarding the Visa, I've heard it is an option to have the Hagwon release an employer from the contract and will try to negotiate, if not is it really impossible to negotiate the Korean Visa with immigration and another school?
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goat



Joined: 23 Feb 2010

PostPosted: Tue Jul 07, 2015 10:07 pm    Post subject: Re: Living in a school classroom, that is operating Reply with quote

Fourfeathers26 wrote:
First thank you for all of the good advice. I have been speaking to my agency and they agree that the housing is illegal and a fire hazard, it also clearly breaks the contract which states "single unit housing for each employer." My school also did not pay the last two teachers for six months of their tenure and are very untrustworthy. Regarding the Visa, I've heard it is an option to have the Hagwon release an employer from the contract and will try to negotiate, if not is it really impossible to negotiate the Korean Visa with immigration and another school?


The school did not pay the last two teachers for six months of their tenure. This has raised red flags. It's just my opinion.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jul 07, 2015 11:29 pm    Post subject: Re: Living in a school classroom, that is operating Reply with quote

Fourfeathers26 wrote:
First thank you for all of the good advice. I have been speaking to my agency and they agree that the housing is illegal and a fire hazard, it also clearly breaks the contract which states "single unit housing for each employer." My school also did not pay the last two teachers for six months of their tenure and are very untrustworthy. Regarding the Visa, I've heard it is an option to have the Hagwon release an employer from the contract and will try to negotiate, if not is it really impossible to negotiate the Korean Visa with immigration and another school?


If you are not being paid (or paid more than 2 weeks late) then you can file a complaint with the labor board and they can release you from your employment and allow you to seek either a d10 or transfer to another employer.

Baring that, simply quitting means finding work in another country until your ARC expires
OR
obtaining new documents (crc and degree copy with apostille) from home, leaving to cancel your visa, entering as a tourist and starting the E2 visa process again. Such is the cost of quitting.

It is a good time to be looking at Sept starts in China. If you are going to do a runner be sure to do it AFTER you get paid.

.
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adamtalk



Joined: 20 Aug 2014
Location: Seoul

PostPosted: Wed Jul 08, 2015 12:18 am    Post subject: Re: Living in a school classroom, that is operating Reply with quote

ttompatz wrote:
Fourfeathers26 wrote:
First thank you for all of the good advice. I have been speaking to my agency and they agree that the housing is illegal and a fire hazard, it also clearly breaks the contract which states "single unit housing for each employer." My school also did not pay the last two teachers for six months of their tenure and are very untrustworthy. Regarding the Visa, I've heard it is an option to have the Hagwon release an employer from the contract and will try to negotiate, if not is it really impossible to negotiate the Korean Visa with immigration and another school?


If you are not being paid (or paid more than 2 weeks late) then you can file a complaint with the labor board and they can release you from your employment and allow you to seek either a d10 or transfer to another employer.

Baring that, simply quitting means finding work in another country until your ARC expires
OR
obtaining new documents (crc and degree copy with apostille) from home, leaving to cancel your visa, entering as a tourist and starting the E2 visa process again. Such is the cost of quitting.

It is a good time to be looking at Sept starts in China. If you are going to do a runner be sure to do it AFTER you get paid.

.


Solid advice. Get paid > Run (if that is your desire)
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Jul 08, 2015 12:27 am    Post subject: Reply with quote

ttompatz wrote:
CentralCali wrote:
ttompatz wrote:
"Dorm" is not what you think of when you were at uni.

It is defined as living quarters on-site that is provided by the employer and NOPE. There are some rules (in law) but the labor law was not breached.


I'm not concerned about labor law in this specific issue, but rather other laws or regulations.


It's not the litigious states here .... you're dreaming. It is a "Dorm" annexed to a business...
and
labor law about the housing of employees is the only law that applies (Chp. X, articles 98-100) unless there is a contractual clause then it becomes a civil court matter.


Got it. And it has nothing to do with the "Litigious States of America". Everywhere I've lived around the world--except, apparently South Korea--requires anywhere where people live to be actually legally designated as a type of domicile. It wasn't a contractual issue, but rather a zoning issue. That was true for where I lived in the US, in Germany, in Japan, and where I was in the Philippines. Given how many of Korea's laws are still holdovers from Japanese legislation, I wouldn't be surprised that there actually is a law buried in some obscure zoning code prohibiting the practice regardless of what the labor law says. But I see your point.

--------------------------------------------------------------------

Hey, quick poll! Who thinks the OP is going to get paid at all come next scheduled payday? My response goes in the "no" column.
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