Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

contract problems at my hakwon
Goto page 1, 2  Next
 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
temporos



Joined: 03 Apr 2005
Location: Grand Rapids, Michigan, USA

PostPosted: Sun Apr 03, 2005 10:17 pm    Post subject: contract problems at my hakwon Reply with quote

My hakwon has some serious issues. All but three members of the Korean staff has quit in the past two months, and half of the foreign teachers have quit or been fired in the past month. The hakwon has been sold since I've been here, and has come under new management twice.

I read over my contract last night (again), only this time I started going at it with a highlighter. The hakwon has breached my contract in eleven different places. The director is getting more vindictive and apparently xenophobic every day, and he raises his voice (understatement) to everyone almost constantly.

For the past couple months, he has imposed strange, blatently inconvenient, and seemingly pointless rules on the foreign and Korean teaching staff, giving little or no explanation why.

I visited the embassy this morning, and they informed me that they are legally prohibited from getting involved in contract disputes between employers and expats, but I have a feeling the city labour department will really not care in the slightest if I informed them of the situation.

Also, one of my foreign co-workers quit recently, and the hakwon refused to release his visa until he agreed to pay them nearly $1000 for the "expenses of finding a replacement teacher."

The embassy assures me none of this is legal, but what am I to do? I would like to just quit this job and move on to graduate school in Korea somewhere. Any advice?
Back to top
View user's profile Send private message Visit poster's website AIM Address Yahoo Messenger MSN Messenger
JacktheCat



Joined: 08 May 2004

PostPosted: Sun Apr 03, 2005 10:23 pm    Post subject: Re: contract problems at my hakwon Reply with quote

Sounds like time to visit your local Labour Board. (or at least threaten to)


temporos wrote:
The hakwon has been sold since I've been here, and has come under new management twice.


When the hagwon changed hands, did you and your new boss inform Immigration of the change? If not, you could be in some serious trouble.
Back to top
View user's profile Send private message
temporos



Joined: 03 Apr 2005
Location: Grand Rapids, Michigan, USA

PostPosted: Mon Apr 04, 2005 1:46 am    Post subject: pay problems Reply with quote

I was just given word that no one in the hakwon will be paid this payday (today) because of "financial problems." They said we would "probably be paid later this week instead." Is this legal?
Back to top
View user's profile Send private message Visit poster's website AIM Address Yahoo Messenger MSN Messenger
Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Mon Apr 04, 2005 2:28 am    Post subject: Reply with quote

Hmmmm....financial problems. This could explain why the boss is raising his voice every day.
Back to top
View user's profile Send private message
Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Mon Apr 04, 2005 4:14 am    Post subject: Reply with quote

I'd be checking out jobs in other countries if I were you.
Back to top
View user's profile Send private message
temporos



Joined: 03 Apr 2005
Location: Grand Rapids, Michigan, USA

PostPosted: Mon Apr 04, 2005 5:44 am    Post subject: Think I'm gonna be fired. Reply with quote

Just a quick update. I was called into the director's office after class today along with my immediate supervisor and the hakwon's accountant ( Question ). In that thirty-minute meeting, the director proceeded to literally call me insulting names in front of my supervisors, and informed me that he was aware my contract had been breached by the hakwon. He also told me that he doesn't care, and I'm a foreigner living in Korea with "no rights." He told me that he would "make a decision this week," but he wouldn't tell me what "the decision" would be about.

Just because I haven't gotten any replies on this certain question yet, what about the payday today that never happened? Do you think the hakwon will pay us later this week like they said they would? The thought of having worked the month of March for free seriously scares me. Confused

Also, if he does fire me (which I think he's considering), does that ruin any chances I have of obtaining a student visa? Can he simply fire me and leave me stranded in Korea, or is he legally abliged to pay for my airfare home? I do not have the money to pay for it myself... Crying or Very sad
Back to top
View user's profile Send private message Visit poster's website AIM Address Yahoo Messenger MSN Messenger
Real Reality



Joined: 10 Jan 2003
Location: Seoul

PostPosted: Mon Apr 04, 2005 6:09 am    Post subject: Reply with quote

temporos,

Here is some information (and links) from EFL-Law.com.
You may find your employer does not pay you your monthly salary or final severance pay. Your employer has not paid you on the specified contractual date. The employer has breached a substantial condition of your contract. You have asked for payment but received none nor received any information that satisfies you as to when and why the payment is not forthcoming. At this stage you may wish to consider tendering the required days notice of contract termination, unless you are satisfied as to why the payment has been delayed.
http://www.efl-law.com/faqans_lab-off.html

My employer has unilaterally changed the contract. What can I do?
http://www.efl-law.com/faqans3-4.html

Summary Dismissal & What Are My Rights?
http://www.efl-law.com/faqans_19.html

Contracts - made & broken
http://www.efl-law.org/forums/viewforum.php?f=2&sid=4fe8bf84ccc8c07fd537bf3e38388a66

Did you see this article?
English teachers in Korea face wrath of an angry nation
http://www.asianpacificpost.com/news/article/353.html

Post your comments here.
http://www.asianpacificpost.com/apnews/news/comment;jsessionid=A457970DB4771DEB9086629F0C0B97DD?action=viewInfo&id=353

You might just leave this comment.
I was called into the director's office after class today along with my immediate supervisor and the hakwon's accountant. In that thirty-minute meeting, the director proceeded to literally call me insulting names in front of my supervisors, and informed me that he was aware my contract had been breached by the hakwon. He also told me that he doesn't care, and I'm a foreigner living in Korea with "no rights." He told me that he would "make a decision this week," but he wouldn't tell me what "the decision" would be about.
Back to top
View user's profile Send private message
Holyjoe



Joined: 03 Mar 2003
Location: Away for a cuppa

PostPosted: Mon Apr 04, 2005 7:01 am    Post subject: Re: contract problems at my hakwon Reply with quote

JacktheCat wrote:
Sounds like time to visit your local Labour Board. (or at least threaten to)


temporos wrote:
The hakwon has been sold since I've been here, and has come under new management twice.


When the hagwon changed hands, did you and your new boss inform Immigration of the change? If not, you could be in some serious trouble.


Yep, your visa was sponsored by the original boss of the hagwon - if the hagwon's been sold on to a new boss then your contract & visa are no longer valid, and technically you've been working illegally since then if you've not filed a new contract with immigration.

It might be worth your while following RealReality's links to the EFL-Law boards and seeing what they have to say on that matter.
Back to top
View user's profile Send private message Visit poster's website
temporos



Joined: 03 Apr 2005
Location: Grand Rapids, Michigan, USA

PostPosted: Mon Apr 04, 2005 7:06 pm    Post subject: Re: contract problems at my hakwon Reply with quote

Holyjoe wrote:
Yep, your visa was sponsored by the original boss of the hagwon - if the hagwon's been sold on to a new boss then your contract & visa are no longer valid, and technically you've been working illegally since then if you've not filed a new contract with immigration.

I would love to report my director to immigration, but wouldn't I also be in trouble with immigration at that point? I just looked at my visa in my passport, and the old owner isn't mentioned. Only the name of the hakwon is on there.


Holyjoe wrote:
It might be worth your while following RealReality's links to the EFL-Law boards and seeing what they have to say on that matter.

I've read through every link he provided in that post (for which I am deeply grateful). My problem is that I sent all my money home to Canada and America earlier this month, so I don't have the money to wait this thing out. If I don't get paid by tomorrow morning (and I doubt I will), then I'll be unable to eat. I was not expecting to be robbed this payday. Also, I have no Korean to go with me to the Labour Board. The director has all the Korean teachers scared witless right now, threatening to permently scar their employment records if they try anything "funny."

I'm planning to visit the Labour Board first thing tomorrow morning, but I don't know that I'll get very far without being able to speak Korean that well.
Back to top
View user's profile Send private message Visit poster's website AIM Address Yahoo Messenger MSN Messenger
Squid



Joined: 25 Jul 2003
Location: Sunny Anyang

PostPosted: Tue Apr 05, 2005 6:04 pm    Post subject: Reply with quote

From your info. you're broke. That's a problem because the labor office takes time...precious time... in my case almost 12 weeks from go to stop.

Mostly though someone there will speak enough English to get you through the initial procedure, which is very easy- you just fill a simple form with your name and address, his name and address (school if you don't know or can't get his home address) and the amount you say he owes you. They then approach him for you. In the meantime, when he hears from them he'll probably fire your ass, so best to do this after you get some money.

If you need details on the procedure, PM me.

My sympathies, and get another job in the meantime.
Back to top
View user's profile Send private message
temporos



Joined: 03 Apr 2005
Location: Grand Rapids, Michigan, USA

PostPosted: Thu Apr 07, 2005 4:28 am    Post subject: it hit the fan... I think it's over. Reply with quote

Well, it all hit the fan today. My director called my cell phone around 10:00 AM, because he wanted to talk to me in his office, "now." I arrived at the school about 30 minutes later (standard commute time from my apartment), and went to see what he wanted this time.

What apparently happened is that he got a call from the labour dept. this morning. I had started an incident report yesterday with them, and he wasn't particularly happy this morning when they called him. They apparently told him to cut out his shinanigans with the foreign teachers' pay, and that he had a certain amount of time to pay up. Well, the foreign teachers got paid today, and I got fired for blowing the whistle.

Everyone got paid today... except me... I still have not received even 1 won for my work in March. The director told me I have two days to pack up and get out of my apartment, and three days to get out of Korea. He is apparently buddy-buddy with someone in immigration, because he presented me with a letter saying I had to leave by Sunday or risk being detained and then deported.

Well, since I still haven't gotten paid (and by now, I doubt I ever will), I don't have the money to fight it. So I just went on the internet this afternoon and put a plane ticket home onto my Visa card. Sad That'll teach me never to work outside of Canada or the States ever again...

I want to thank everyone who posted here for all your help. Your advice may not have saved my job or future in Korea, but it did teach me a whole lot about the Korean legal and business systems.
Back to top
View user's profile Send private message Visit poster's website AIM Address Yahoo Messenger MSN Messenger
margaret



Joined: 14 Oct 2003

PostPosted: Thu Apr 07, 2005 7:14 pm    Post subject: Reply with quote

Sorry for your bad luck, temporos. Hopefully you can have some satisfaction that you helped some people get paid and didn't let your ex-boss get away with everything. There are worse things in life than being fired from a bad job. Hope the rest of your life goes better.
Margaret
Back to top
View user's profile Send private message Send e-mail
Daechidong Waygookin



Joined: 22 Nov 2004
Location: No Longer on Dave's. Ive quit.

PostPosted: Thu Apr 07, 2005 8:17 pm    Post subject: Reply with quote

The thing to do is screw him over. Post the school name here and on as many sites as you can. That would be step 1. Call a number at home in canada or the states, hopefully something that is automated and would not hang up, and let the phone bill run up. Maybe some 1-900 number? 3 bucks a minute plus long distance? Im sure you can think of things to do to him. Maybe call the Korean CIA and report a North Korean spy Laughing
Back to top
View user's profile Send private message
Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Thu Apr 07, 2005 8:29 pm    Post subject: Reply with quote

I believe you can get a "stay" on your exit order by filing a greivance with the labour board. They will recomend to the immigration department that your visa be extended so as to help you sort out your pay problems.

in the mean time, try to find another job (if you're up to it) and keep pluggin' away at em
Back to top
View user's profile Send private message
Derrek



Joined: 15 Jan 2003

PostPosted: Thu Apr 07, 2005 8:52 pm    Post subject: Reply with quote

A "Friend" at immigration, my ass... he's full of it. I've heard that line so many times! At best, he paid someone off... but still, the law is on YOUR side.

You should have asked the Labor Board what to do before buying the ticket out. You can stay here longer and try to search for a new job. I heard that you can get a "stay" here while the labor board works on your case.

Your director is full of crap.

To get that "letter," he had to FIRE you! That's what happend! That's how he got the "exit" letter. He told immigration you are fired. So you've been fired without pay... and after you reported him to the Labor board. Talk to the Labor Board again. Get a visa stay from immigration (he doesn't "know" anyone... that's CRAP). Get more work somehow, crash in a Goshi-won, and STAY HERE forcing him to go to trial and PAY. It will be WELL worth your effort to fry that bastard!

He WANTS you to leave so he doesn't have to pay you, and can continue to screw everyone else.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Goto page 1, 2  Next
Page 1 of 2

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International