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Contract is over, want to go home
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neogeomm



Joined: 27 Jun 2004
Location: Suwon, south Korea

PostPosted: Thu May 19, 2005 7:29 am    Post subject: Contract is over, want to go home Reply with quote

My contract will end the middle of June. My employer has approached my boyfriend and I asking us to stay. When we were first approached we mentioned we wanted to go home for one month and then possibly come back to Korea. Our employer then told me that she couldn't do one month, but she'd let us go home for 2 weeks. I haven't officially told her yes or no as to whether we are going to stay or not.

We don't want to stay for a variety of reasons. We are uncertain as to tell our employer or not. She has behaved shady in the past and we don't exactly trust her. Our contract is very vague (I know we should have clarified many things before we signed, but I was happy to have a job, I didn't pay attention). My boyfriend and I want to inform our employer that we have no intentions of staying past our one year mark, but we are fearful our employer may then 1) fire us, 2) keep our bonus, 3) keep our airline fare, etc...

What is the normal practice?

Another side question. We both arrived at the same time, but my boyfriend had to do a visa run to Japan. His E2 officially started 12 days after mine. Come the middle of June, what do I do? Can I wait the 12 days for his visa to finish? What do you do when you are paid at the end of the month and your contract expires the middle of the month?

Please, any assistance is greatly appreciated.

Thank you!
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Tiger Beer



Joined: 07 Feb 2003

PostPosted: Thu May 19, 2005 8:58 am    Post subject: Reply with quote

Official practice is that you finish your 1 year.. and you get your bonus.. and all is good.

Sounds like you are more worried about getting screwed over here than working more at your school.

Legitimate concerns.

I'd tell them that you love your school, absolutely would love to teach again there, and you very well possibly can AFTER the Summer.. but you really need to get some certain things done this Summer - suggest some class or something you need to attend all Summer - a TESOL course or something starting in August - thats REALLY important!! YET YOU WANT TO BE IN KOREA IN SEPTEMBER.

IN short, make it look like you are torn, want to be there, but can't quite that quickly. This way he pays you everything you are deserved with the anticipation that you WILL be back in Korea hopefully at his school for another year or spell. Once you are paid all is good.

But him assuming you will be back in Korea regardless.. either your school if paid, or hounding him from another school if not, is generally a good deterrant for any potential funny business on his part.
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jajdude



Joined: 18 Jan 2003

PostPosted: Thu May 19, 2005 9:02 am    Post subject: Re: Contract is over, want to go home Reply with quote

neogeomm wrote:
she'd let us go home for 2 weeks.

!


This sounds weird. Let you go home for 2 weeks after you have finished the one year contract? Hmmm. Will you get your (legally, by contract entitled) severance before you go? Promise to return and don't if you don't want to!?

Strange situation.

I am not sure on the E2 expiry date regulations now, but I believe you may have 2 weeks to leave Korea from the end date on your E2.

Anyone know for certain?
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sheba



Joined: 16 May 2005
Location: Here there and everywhere!

PostPosted: Thu May 19, 2005 4:37 pm    Post subject: Reply with quote

Ive heard that you can stay in the country for 2 weeks after your visa expires, although Im not exactly certain of this. I was also told to expect 2 weeks vacation if you resign a contract - in which they will still pay your airfare home, and then back to Korea. in this time they will be processing your new visa...

(my TESOL trainer told me this, who worked in Korea for 5 years).
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the eye



Joined: 29 Jan 2004

PostPosted: Thu May 19, 2005 4:48 pm    Post subject: Reply with quote

Tiger Beer has the right advice. If you are worried that she will become vindictive, tell her you NEED to get home for a rest. see family. friends...

and yes, if everything goes smoothly...ie, she pays you the severance and air, then you would be happy to come back.
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mishlert



Joined: 13 Mar 2003
Location: On the 3rd rock from the sun

PostPosted: Thu May 19, 2005 4:53 pm    Post subject: Reply with quote

Quote:
She has behaved shady in the past and we don't exactly trust her. Our contract is very vague

Simple. NO.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Thu May 19, 2005 4:55 pm    Post subject: Reply with quote

You do have a right to be concerned about being fired, etc. because that has happened. You do say the boss has been shady. That's not enough information for me to judge in this situation.

However, it could be that she just needs to know if you will return or if she needs to start advertising for two new teachers.

Unless there is something that makes your suspicions more than just suspicions, you might be up-front with your boss and volunteer to read through resumes and help in other ways find replacements.
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crazylemongirl



Joined: 23 Mar 2003
Location: almost there...

PostPosted: Thu May 19, 2005 5:41 pm    Post subject: Reply with quote

kimbelina wrote:
Ive heard that you can stay in the country for 2 weeks after your visa expires, although Im not exactly certain of this. I was also told to expect 2 weeks vacation if you resign a contract - in which they will still pay your airfare home, and then back to Korea. in this time they will be processing your new visa...

(my TESOL trainer told me this, who worked in Korea for 5 years).


that's a myth. When your visa expires is when your visa expires. You can get an extentsion of two weeks if you want from immigration but you need to do this before it expires.

Sounds to me like your at a shady employer...if you stay because you are scared she will screw you then you may be just delaying the inevitable. Do your year but if I were you I would cut my losses and find somewhere better. There are other hogwons out there and plenty of public schools doing recuriting.
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pegpig



Joined: 10 May 2005

PostPosted: Thu May 19, 2005 6:17 pm    Post subject: Reply with quote

Some will say that your contract is finished - the end. You don't have to give an excuse why you don't want to stay. Right. But, if you know there's going to be some funky business there's every reason to be wary.

I've been worried in the past about the same situation as the op. Someone suggested giving them a plausible reason for going home for at least a month. That sounds reasonable, but also consider that if that reason is so valid then why haven't you given them that reason already. It should have come out quickly. And, if you suddenly have a wedding or school to attend that may also not be believable.

If your contract ends in the middle of June, this point may be too late. But, you definitely want to give them at least a month's notice. I know you're worried about the 11th hour firing.

I know someone who got an extension on his visa. But, that was to attend a World Cup match. If you have a good reason it shouldn't be a problem. If you have a good smile and you're white you probably won't even need a reason. Wink
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neogeomm



Joined: 27 Jun 2004
Location: Suwon, south Korea

PostPosted: Thu May 19, 2005 9:12 pm    Post subject: more Reply with quote

My boyfriend and I make up 2/3 of the foreign teaching staff. Our employer has recently told us that she is experiencing financial difficulties and she needs us to stay. Simple fact, not at this hagwon. We have been forced to share single room accomodations, even though each of our contracts offer us our own apartment. She refuses to pay us a living allowance.

My boyfriend was told he needed an operation, for those without insurance, the cost is close to 2million won. She told him he doesn't absolutely need the surgery so she won't pay for half and if he came up with the money she wouldn't give him the time off for recovery. This operation is covered by insurance! But, we are on the 50/50 plan.

We don't pay into the pension plan, there are more than 5 employees if you include the korean staff. When asked about it, my employer told me she was going to keep our share of the pension herself and give us the money back at the end of our contract to insure we don't pull a midnight run. With some luck we avoided that scheme.

She has refused to give back airfare to a previous employee even after completing his one year. She said he would have to give 2 months notice for her to reimburse. He had already finished his one year!

Yes I am scared of my boss pulling an 11 month firing. Or, failing to deliver the money. I want to tell her I am not coming back and I want to give proper notice. I just can't trust her.

There are plenty of hagwons, I made a poor decision in selecting this school, I've paid my debt, but I don't know how to get what is justly owed to me: my bonus, airfare, and salary.
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Tiger Beer



Joined: 07 Feb 2003

PostPosted: Thu May 19, 2005 9:37 pm    Post subject: Re: more Reply with quote

neogeomm wrote:
Yes I am scared of my boss pulling an 11 month firing. Or, failing to deliver the money. I want to tell her I am not coming back and I want to give proper notice. I just can't trust her.

did you read any of the advice given on this thread?

you DON'T want her thinking you aren't coming back.. you want her to think you WILL be back in Korea.. and that it'll be either her school or another nearby school (where you will be in proximity to harrass them if you don't get your money).

Whether you come back or not, is another issue, but thats the game you gotta play. Also make sure you get your bonus before telling them that you changed your mind as you are long gone going on with the rest of your life.
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tzechuk



Joined: 20 Dec 2004

PostPosted: Thu May 19, 2005 10:00 pm    Post subject: Reply with quote

I agree with TB.. you really don't want to tell them that you are leaving. Also, you don't need to give them any proper notice whatsoever. It sounds unethical but your contract is for one year, after your year, you have no obligation to continue, nor do you need to give any notice that you won't return.

String her along, just like she's done to you. Let her think that you will return, tell her though you want to negotiate a new contract when you return (which will definitely make her think you will return) and lure her into giving you all your salary/bonus/airfare before you leave. Then if you don't come back, she can't sue you because your one-year contract has already expired.
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the eye



Joined: 29 Jan 2004

PostPosted: Thu May 19, 2005 10:43 pm    Post subject: Re: more Reply with quote

neogeomm wrote:
My boyfriend and I make up 2/3 of the foreign teaching staff. Our employer has recently told us that she is experiencing financial difficulties and she needs us to stay. Simple fact, not at this hagwon. We have been forced to share single room accomodations, even though each of our contracts offer us our own apartment. She refuses to pay us a living allowance.

My boyfriend was told he needed an operation, for those without insurance, the cost is close to 2million won. She told him he doesn't absolutely need the surgery so she won't pay for half and if he came up with the money she wouldn't give him the time off for recovery. This operation is covered by insurance! But, we are on the 50/50 plan.

We don't pay into the pension plan, there are more than 5 employees if you include the korean staff. When asked about it, my employer told me she was going to keep our share of the pension herself and give us the money back at the end of our contract to insure we don't pull a midnight run. With some luck we avoided that scheme.

She has refused to give back airfare to a previous employee even after completing his one year. She said he would have to give 2 months notice for her to reimburse. He had already finished his one year!

Yes I am scared of my boss pulling an 11 month firing. Or, failing to deliver the money. I want to tell her I am not coming back and I want to give proper notice. I just can't trust her.

There are plenty of hagwons, I made a poor decision in selecting this school, I've paid my debt, but I don't know how to get what is justly owed to me: my bonus, airfare, and salary.


you know, i don't want to add to your paranioa, but it sounds like she's testing you to see what she can get away with.

regarding your insurance, your employer is not bound to pay for any medical expenses you need covered. she is only required to pay half of the insurance premiums. if you need any treatment, you pay yourself, at the insured rate. in your post, it sounds like you expect her to pay half of the surgery...

as for the pension. are you sure there are at least 5 FULL TIME employees??
if there is, and she's not paying, you can report here to the pension office to get it back.

if she doesn't pay you the severance or airfare money, your only recourse is to file a claim with the labor board after your contract expires.

not only did you make the mistake of not checking things out before you signed with this school, but now you have continued to hurt yourself by working almost a year with them cheating you.
you could have gone to the labor board about the apartment issue, and the insurance. you could have reported her to the pension office as well, or at least used that as leverage to get what you are entitled to.

another thing. if it turns out that there are less than 5 full time employees, you may not be able to get your severance or airfare. it depends on the labor board and what is stated in your contract. if your contract states airfare and severance, the labor officer may grant it to you. in most cases, labor law overrides contract law...so if there are too few employees, you may lose out.

i hope you have a record of your salary and deductions.

there is a legal forum here:
http://www.efl-law.com/korea_home.html
you have to register, i think.

pension office:
http://www.npc.or.kr/eng/g_index.html

ministry of labor:
http://www.molab.go.kr:8787/English/law/sub_1.jsp
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crazylemongirl



Joined: 23 Mar 2003
Location: almost there...

PostPosted: Thu May 19, 2005 10:54 pm    Post subject: Re: more Reply with quote

Tiger Beer wrote:
neogeomm wrote:
Yes I am scared of my boss pulling an 11 month firing. Or, failing to deliver the money. I want to tell her I am not coming back and I want to give proper notice. I just can't trust her.

did you read any of the advice given on this thread?

you DON'T want her thinking you aren't coming back.. you want her to think you WILL be back in Korea.. and that it'll be either her school or another nearby school (where you will be in proximity to harrass them if you don't get your money).

Whether you come back or not, is another issue, but thats the game you gotta play. Also make sure you get your bonus before telling them that you changed your mind as you are long gone going on with the rest of your life.

Listen to the man with the lady's ass. He speakth the truth.
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dulouz



Joined: 04 Feb 2003
Location: Uranus

PostPosted: Fri May 20, 2005 8:15 am    Post subject: Reply with quote

Op, you have problems and you need advice so listen.
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