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OBwannabe
Joined: 16 Feb 2008
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 Posted: Wed Jun 15, 2016 10:37 pm Post subject: Full-time to pt. New owner/contract changes. Need help! |
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So, my job went from full time to pt a few months ago as we didn't have enough students to continue the kindergarten. The director, at the time, negotiated new terms with me but we didn't put it in writing(my foolish mistake I guess). We had a verbal agreement that I show up 20 min before class and that my finish time would remain the same.
Fast forward-
We have a new owner. She is the old owner's daughter. She's moving us to a new building.
That director has since quit/fired(she was horrible at her job) and now the new director says I have to show up at a set time everyday regardless of when my first class starts. This will add another 5 hours to my work week yet they aren't going to pay me more money.
So I need help with a couple of things;
First, do I have any argument as to the start time as the only contract I have is the original one(full time).
Also, who(if anyone) is responsible for paying my severance/pension now? I don't think the switch-over of ownership has technically taken place yet...but I'm not sure. I've less than 2 months left on my contract but they mentioned switching my visa over to the new ownership even though I've told them I won't re-sign with them.
They have been notorious for making employees fight tooth and nail for their severance and with this change of ownership I'm thinking I'll never see mine. Sadly, it's the whole reason I've stuck it out this long. I'm now considering cutting my losses and taking a vacation till my contract runs out. If I do that, can I then just apply for another job?
I have other questions but I'm actually at work and have to head to class. Cheers for any helpful replies! |
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greyhound
Joined: 10 Jun 2016
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| Posted: Wed Jun 15, 2016 10:50 pm Post subject: |
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| You can't just get changed from a full time post to part time surely? If you sign a full time contract, they have to pay you full time wages. What are you doing there? Get another full time job then if that's what they've done. |
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greyhound
Joined: 10 Jun 2016
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| Posted: Wed Jun 15, 2016 10:50 pm Post subject: |
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| You can't just get changed from a full time post to part time surely? If you sign a full time contract, they have to pay you full time wages. What are you doing there? Get another full time job then if that's what they've done. |
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OBwannabe
Joined: 16 Feb 2008
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| Posted: Thu Jun 16, 2016 8:43 am Post subject: |
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| greyhound wrote: |
| You can't just get changed from a full time post to part time surely? If you sign a full time contract, they have to pay you full time wages. What are you doing there? Get another full time job then if that's what they've done. |
If I demanded to keep my full time pay they certainly would have let me go, and rightfully so. They had promised to pay my pension and severance if I decided to stay and that's what kept me on. Also, they gave me permission to find another pt job(obviously) so now with 2 jobs I make more money and teach less.
The problem is them telling me I have to be at work 5 more hours a week than I negotiated with my old director but not offering more money.
I'm also wondering what happens if I quit without a letter of release? I only have about 7 weeks left on my contract. If I quit and left the country and soon after returned on a tourist visa, could I apply for jobs that start after Aug 10th without having to get all new docs? |
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greyhound
Joined: 10 Jun 2016
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| Posted: Thu Jun 16, 2016 9:30 am Post subject: |
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| sounds risky returning on a tourist visa to me. You're not usually supposed to look for work on a tourist visa in any country as far as I know but I don't know the rules there. if you're making more money now why do you want to quit? You're not making any sense. |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Thu Jun 16, 2016 3:31 pm Post subject: |
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| Don't quit! It was a verbal agreement and that means it works both ways. They have to follow the contract that you both signed, and therefore have to pay you the wage stated on the contract. If they want you to come in early, then tell them that they must pay you the amount stated in the contract. If they don't want to do that, then go to the labor board after 2 weeks of none payment. Hopefully that will light a fire under their asses to get you your money. Plus you only have 7 weeks left, so I would definitely get that severance. |
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OBwannabe
Joined: 16 Feb 2008
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| Posted: Thu Jun 16, 2016 8:38 pm Post subject: |
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| greyhound wrote: |
| sounds risky returning on a tourist visa to me. You're not usually supposed to look for work on a tourist visa in any country as far as I know but I don't know the rules there. if you're making more money now why do you want to quit? You're not making any sense. |
I really don't want to work 20 extra hours a month for free(plus they are implementing a new system that sounds horrible) so that's why I'm considering quitting.
You're probably right though. I might just try to stick to my guns and refuse the extra hours and see what happens. If they try to fire me then I'll go to the labour board with my old, full time contract. |
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OBwannabe
Joined: 16 Feb 2008
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| Posted: Thu Jun 16, 2016 8:45 pm Post subject: |
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| nicwr2002 wrote: |
| Don't quit! It was a verbal agreement and that means it works both ways. They have to follow the contract that you both signed, and therefore have to pay you the wage stated on the contract. If they want you to come in early, then tell them that they must pay you the amount stated in the contract. If they don't want to do that, then go to the labor board after 2 weeks of none payment. Hopefully that will light a fire under their asses to get you your money. Plus you only have 7 weeks left, so I would definitely get that severance. |
I really don't think they'll pay the severance as it's been a huge struggle for anyone to get it in the past. Many gave up after moving home. The other part of it is that since it's a new owner, switching building and name....I'm wondering if they are off the hook? |
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OBwannabe
Joined: 16 Feb 2008
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| Posted: Thu Jun 16, 2016 9:02 pm Post subject: |
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Just called the pension office. The owner only paid 2 months of pension! I'm in my 11th month!
Technically she's no longer affiliated with the school so I highly doubt I'll ever see that money...most definitely not going to see the severance.
fml |
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greyhound
Joined: 10 Jun 2016
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| Posted: Fri Jun 17, 2016 9:17 am Post subject: |
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| Why is your employer so dishonest? Can't you get all the money you're owed? Hey can you change employer in Korea if you want to move job on an E2 visa? Also if you get fired, can you look for another job on the same E2 visa? |
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CentralCali
Joined: 17 May 2007
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| Posted: Fri Jun 17, 2016 12:12 pm Post subject: |
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| greyhound wrote: |
| Why is your employer so dishonest? |
It's not that uncommon for employers of foreigners in Korea to be dishonest as there is little that said foreigners can do about it.
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| Can't you get all the money you're owed? |
It's possible. The problem is that it is a time-consuming process and few foreigners have the time to do that, mainly because the process generally requires you to remain in Korea to pursue a case. The second problem is that it can cost more to seek redress than the money owed.
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| Hey can you change employer in Korea if you want to move job on an E2 visa? |
Without a "letter of release", you'll have to depart Korea, turning in your alien registration card, and then start the job hunt over from scratch, including getting a new set of required documents (CBC, apostiled diploma). Do a search on this site for "letter of release"; you'll see how difficult getting one can be.
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| Also if you get fired, can you look for another job on the same E2 visa? |
You can look. But you're not getting a transfer of the visa without the aforementioned letter of release. |
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greyhound
Joined: 10 Jun 2016
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| Posted: Fri Jun 17, 2016 12:39 pm Post subject: - |
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I see  Not being a dishonest guy usually, but in that case then wouldn't it be worth 'writing' your OWN letter of release to save leaving the country and starting all over again.  This is similar to the Letter of no objection you have to get in Saudi arabia and Qatar if applying for another job. These can be difficult to get too. if you can get someone to write in Korean a letter of release, it could save a lot of hassle if you can't get one from your employer.  |
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trueblue
Joined: 15 Jun 2014
Location: In between the lines
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| Posted: Fri Jun 17, 2016 8:22 pm Post subject: Re: - |
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| greyhound wrote: |
| I see Not being a dishonest guy usually, but in that case then wouldn't it be worth 'writing' your OWN letter of release to save leaving the country and starting all over again. This is similar to the Letter of no objection you have to get in Saudi arabia and Qatar if applying for another job. These can be difficult to get too. if you can get someone to write in Korean a letter of release, it could save a lot of hassle if you can't get one from your employer. |
But, the letter needs the official stamp of the school, no? |
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CentralCali
Joined: 17 May 2007
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| Posted: Fri Jun 17, 2016 9:55 pm Post subject: Re: - |
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| greyhound wrote: |
| I see Not being a dishonest guy usually, but in that case then wouldn't it be worth 'writing' your OWN letter of release to save leaving the country and starting all over again. This is similar to the Letter of no objection you have to get in Saudi arabia and Qatar if applying for another job. These can be difficult to get too. if you can get someone to write in Korean a letter of release, it could save a lot of hassle if you can't get one from your employer. |
That won't work; in fact, it will create a whole slew of problems you do not want to have in Korea if you present "a letter of release you wrote and signed yourself". As trueblue mentioned, the legitimate LOR requires the school's registered seal to be affixed to it. If you hand in a forged document to Immigration in Korea, you will be found out and quite quickly. Then you will be detained by Immigration until you get to meet a judge who will decide how much you will pay for the fine, and--more fun!--you will remain in detention until you actually pay that fine, at which time you will then be deported. "Forgery" may be not all that serious in Korea, but immigration fraud is considered quite serious by the Korean government.
For the uninitiated, here's what happens with the name stamps, especially corporate stamps (including those doctors use when they issue prescriptions):
- The individual who registers the corporation has a corporate seal manufactured.
- He or she then takes the seal to the appropriate government office to register the seal itself.
- That government office prints a verification of seal registration for the corporation owner to deliver to whichever entities, such as ROK Immigration, where he or she plans on filing documents requiring the seal.
- That entity files the verification of seal registration and checks their files when someone presents a document purporting to be issued and sealed by the one who registered that seal.
- If the data do not match (doesn't even look like the registered seal), then the presenter will get to have a fun discussion with law enforcement about fraud.
- If the data match,no problem.
- If the person registering the seal needs to do business concerning documents with someone he or she has not already presented a verification of seal registration, then that person has to go back to the appropriate government office where the seal was registered to have a new verification printed. Of course, this verification also is without value if it does not have the government office's seal affixed.
I've a question for the OP: Have you already been tendered a contract to work in South Korea? |
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greyhound
Joined: 10 Jun 2016
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| Posted: Fri Jun 17, 2016 10:23 pm Post subject: |
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So it's not a good idea then.
Yes I've been tendered a contract by the academy. It's written in English only so I don't know if this makes a difference or not. It stipulates who the company is, who I am (name) and the working hours, breaks, salary offered, pension, severance pay, flight etc.
So I assume it's a contract. I had to send it yesterday with my other documents to the school to hand in to immigration for visa processing.
I wasn't condoning being dishonest, but I don't want to go all the way to Korea and have problems with employers. It's a long way to fly for problems. If there's company seals and immigration get involved with LOR, then you can;t do anything about it then.
So what did you say you have to do if you get problems or get let loose from a company midway through the contract? You have to leave and start all over again with a new CRC etc back home? Or can you do it in Japan? Sounds like major hassle when things go wrong, In Japan, you own your own visa and are free to change company whenever you like. Hmmm...wondering if I should go to the UAE instead but I don;t wanna go back there.
Nah the thing I am slightly worried about is the curriculum which seems vague, I don;t know what they want me to teach exactly so how can I put in a good performance if I don;t know what syllabus or lessons I'm supposed to be teaching? Maybe they've got one but I haven;t been told what it is while here. I will have to get the recruiter to find out for me before leaving i suppose. I'm not messing with Korean immigration then that;s for sure. (I know guys who wrote LON in saudi that;s all when you used to have to have one) |
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