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mpalazuelos
Joined: 22 Oct 2015
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Posted: Sat Dec 31, 2016 3:59 am Post subject: Incorrect Start/End Dates on Contract-ttompatz, NeedUrHelp |
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Hello,
I need your help solving this problem.
Back in January, I signed a contract with a hagwon that was in a rush to get me to Korea because I was replacing someone that left without notice. There wasn't any start date nor end date on the contract. (Yes, I know! huge mistake of mine. I know everything regarding severance and flight etc. There's no need for you to mention those things. What I need help on is: how do I solve this problem).
I entered Korea on February 11, 2016. My first day at the hagwon I still work at was February 12, 2016. I trained for 3 days and started teaching classes thereafter.
Not too long ago, I remembered that there weren't any dates on my copy of the contract so I went to immigration to get a copy. I saw that the dates were wrong. It said my employment started on February 1 and will end on January 31, 2016. I told the person that gave me the copy: "The dates are wrong. What do I do?" She replied, "Ask your school. Not here." Frustrated, I called immigration hotline. They said, "Your school could've modified the dates on the contract by submitting subsequent documents but you can't access them because you didn't submit them." (To me, this made no sense because how can an employer be allowed to modify dates on a contract without notifying the employee or getting the employer's signature. Ridiculous but whatever.)
So, here's my question. How do I solve this problem. We are on vacation right now but on Monday, I go back to work. Any advice? Should I wait till my 12th month starts (aka January 12). Should I play coy and request a copy of the contract from my school and, then ask them why the dates are incorrect and if they've corrected them? Any advice/ideas would be greatly appreciated!!!!! |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sun Jan 01, 2017 10:04 pm Post subject: |
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I don't understand why it is an issue for you.
The job will end on Jan 31. Under the terms of the contract you will receive your full bonus (since it says your contract started on Feb 1) and other contracted benefits.
Sign a new contract if you plan to stay or look for a new one if you are not.
February is a good time to find a new job.
IF they give you problems over the full year requirement for your severance then you can make an issue out of it. Don't make it an issue if it isn't one.
Otherwise, you are free from your obligations 12 days early. Lucky you.
IF it is an otherwise good employer then sign on for another year. There shouldn't be a problem.
If not then find a new employer, change countries or return home to continue with your original career.
Don't make a mountain out of a molehill if you don't need to.
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mpalazuelos
Joined: 22 Oct 2015
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Posted: Mon Jan 02, 2017 4:40 am Post subject: |
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ttompatz wrote: |
I don't understand why it is an issue for you.
The job will end on Jan 31. Under the terms of the contract you will receive your full bonus (since it says your contract started on Feb 1) and other contracted benefits.
Sign a new contract if you plan to stay or look for a new one if you are not.
February is a good time to find a new job.
IF they give you problems over the full year requirement for your severance then you can make an issue out of it. Don't make it an issue if it isn't one.
Otherwise, you are free from your obligations 12 days early. Lucky you.
IF it is an otherwise good employer then sign on for another year. There shouldn't be a problem.
If not then find a new employer, change countries or return home to continue with your original career.
Don't make a mountain out of a molehill if you don't need to.
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Hey! Thanks for the advice, but I talked to my school today. It went like this:
I told my supervisor (which is new and wasn't working at this hagwon back in February when I had arrived) that "My first day of teaching was February 18, 2016. I want to confirm that my last day will be February 17, 2017 (which is 365 days from February 18, 2016)."[u]
She said, "The session ends on February 28, 2016 but I'll talk to the owner of the hagwon about it. I think it can happen."
She talked to the owner. They concluded that it depends on my replacement's "schedule". If my replacement can come, then it's ok. However, if she can't then it won't happen. She then said, "you should've said something about this sooner." I replied, "I wasn't aware that I was expected to work more than 365 days."
Can they expect a teacher to work more than 365 days? To me, it sounds like they make their teachers start and end when the teaching sessions begin and end which are contingent on the school calendar. For example, if you started on February 12th, 2016 they would expect you to work till February 28, 2017 because the February session ends on the 28th. It's a lot of bullshit!
My question is if I don't want to work more than the 365 days, can they still withhold my severance if I don't work until the 28th of February?[/u] |
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denverdeath
Joined: 21 May 2005 Location: Boo-sahn
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Posted: Tue Jan 03, 2017 3:28 am Post subject: |
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Basically, easy, answer to your question, is the question of what dates are on your ARC? That can help more of us respond in a better way...
Did they pay you your full salary in March for your 1st (February) month, or was your pay pro-rated?
As ttompatz said, as long as you're getting paid for what you've done, it shouldn't be a big deal. However, make sure that aren't trying to make you overstay your visa. And, yeah, two weeks more of work SHOULD be compensated via severance and pension. Then again, were you paid an extra (near) two weeks back in March last year for just a little over two weeks' of work? Check into your medical, pension, and severance payments, please.
Get a copy of that on-file contract at kimmi, QUICK! |
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denverdeath
Joined: 21 May 2005 Location: Boo-sahn
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Posted: Tue Jan 03, 2017 3:32 am Post subject: |
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denverdeath wrote: |
Basically, easy, answer to your question, is the question of what dates are on your ARC? That can help more of us respond in a better way...
Did they pay you your full salary in March for your 1st (February) month, or was your pay pro-rated?
As ttompatz said, as long as you're getting paid for what you've done, it shouldn't be a big deal. However, make sure that aren't trying to make you overstay your visa. And, yeah, two weeks more of work SHOULD be compensated via severance and pension. Then again, were you paid an extra (near) two weeks back in March last year for just a little over two weeks' of work? Check into your medical, pension, and severance payments, please.
Get a copy of that on-file contract at kimmi, QUICK! |
p.s. Ask your place nicely to make sure they match the next incoming teacher's contract dates a bit better, if they can. An E2 visa is one year, no less, no more. |
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