Korean Job Discussion Forums

TrouserX · Joined: 11 Oct 2004 Location: CityX, ROK

Hi folks

I'm the OP of a classic thread from mid-April titled "Threatened with termination for requesting documents/pension." Well, the long-awaited termination has finally come, and I need some advice on how to handle it.

To cut a long story short, after a couple months of conflict and delay tactics, after which i STILL wasn't registered in the national pension or health plans, things had deteriorated to the point where I was threatening to file compliants with Immigration, the Health Plan office, the Pension Office, the Tax office, the Labor Board and the Board of Education. (And yes, I had enough dirt on the school in all of those areas to do some serious damage).

So what did they do? Phase 1: They secretly closed the business and sold the hagwon to a family member in an attempt to divorce themselves from their past 5 years or so of wrongdoing. The school is now owned by the brother of the former assistant director's husband. (It was previously owned by the former assistant director's sister).

Phase 2: Yesterday, at the same time that I was verbally given my two weeks' notice, I was told that the outgoing owner cancelled the sponsorships of all 5 foreign teachers' visas earlier this month. There is apparently a grace period of 15 days for the new owner to renew these sponsorships, and the new owner has renewed the sponsorships of 4 of the 5 foreign teachers... the unrenewed one, of course, being mine. In their words, the new management has decided that I'm "unsuitable for the school" and therefore I'm out. They claim that under Korean law a new hagwon owner has the discretion to terminate the contract of any employee of the school without cause or penalty--for reasons of downsizing, etc.--and I have no idea if this is true.

Points I need advice on:

* first and most important: CAN I BE DEPORTED BECAUSE OF THIS CLANDESTINE CANCELLING OF MY VISA SPONSORSHIP? (For the moment I'm assuming that they really did cancel my visa sponsorship; I have received nothing in writing to this effect). For all I know the 15-day grace period could be up any day now, and I don't know what the ramifications of this could be for me. I'm supposed to finish work and be paid up next Wed, but I wouldn't put it past them to get me kicked out of the country just before payday and save themselves a months' wages.

* Can you cancel sponsorship of a foreign worker's visa and not inform the foreigner in question?

* Is it really possible to be an "unsponsored" E2 visa holder? Is cancelling sponsorship the same thing as a "release", allowing me to find other employment in Korea within the term of this visa?

* Can a hagwon owner really avoid all obligations to the sponsoree and the Korean government just by closing/selling the hagwon? For example, I thought they were on the hook for flying us home, to guarantee that their sponsorees wouldn't end up pennilless vagrants on the streets of SK. I suspect that they're trying to swindle me out of more of my rights and benefits here.... (see next point)

* This is kind of weird. They've given me verbal notice that I'm losing my job, but they seem unwilling to give me anything in writing to the effect that I'm losing my job.... no termination letter, no release letter, no notification that my visa sponsorship has been cancelled... I've directly asked for all three and have gotten a rather hostile runaround. I get the feeling that they have some obligations in the event of officially firing me that they are trying to dodge. (By the way, I'm in the eighth month of my 12-month contract). Any idea what these obligations are? Ticket home? More?

* Finally, what documentation can I/should I demand under these circumstances? (from both the former and current owners/management?) Honestly, at this point I'll happily take my July pay and shuffle off into the night, as I haven't been happy in this shithole school for ages. I just don't want to get royally screwed on my way out.

So there we are, campers. Make no mistake about it, I am being fired because of my insistence that I be signed up to the national pension and health plans--and more to the point, because, after months of increasingly pathetic lies and delays, I'd threatened to rat out the school to the authorities to get what I wanted. In retrospect, I figure this all wasn't worth it. Lesson learned, I guess.

Thanks for reading, everyone. Any useful information or advice related to my situation would be highly appreciated. One of you just might end up saving my ass....

Regards,
TrouserX

Badmojo · Posted: Wed Jul 20, 2005 4:59 am Post subject:

You better take this query to EFL law.

Trouser X, my sympathies go out to you. What happened to you is just wrong. It can't get much more wrong than that.

inkoreaforgood · Joined: 15 Dec 2003 Location: Inchon

Holy crap, that's a nightmare. First thing I can think of, talk to immigration directly about your situation. Tell them you just found out all this stuff, and ask how much time you can expect to be in country. Be sure to tell them you just found out. On this point only listen to immigration, but pound your point, about just finding out, home. Your boss has really tagged you good. I doubt you'll see another paycheck though.

If you want to stay in Korea, talk to immi about it. Your situation is somewhat unique, in my experience. Also, try taking your questions to Efl Law. Probably a little more help there.

Good luck.

keithinkorea · Joined: 17 Mar 2004

tzechuk · Joined: 20 Dec 2004

Yeah.. go to the immigration office pronto to find out your situation.

Contact your local labour board, tell them your story.

Contact EFL Law... tell them your story.

Good luck.

desultude · Posted: Wed Jul 20, 2005 5:54 am Post subject:

fusionbarnone · Joined: 31 May 2004

Trouser X, thanks for that post and I really hope EFL law, et al, can serve you well.

I'd always wondered why Hogwan owners had "family' members involved in the business(exchange of large sums of cash, etc). And why they were able to blatantly cheat their ESL teachers out of their pensions/taxes, etc.

BTW: have you ever seen a hogwan raided by the K.I.R.S.; black cars, black suits, etc. Crooked hogwans CAN be nailed.

Whether you realize it already, you've just given prospective ESL teachers important points to consider/ask before signing anything. As you really put the "wind" up them if they were "forced"(by you congrats) to restructure their organization; that was one hell of a touche.

Your modus operandi is a winner. I hope all else works out for you.

Ya-ta Boy · Joined: 16 Jan 2003 Location: Established in 1994

hellofaniceguy · Joined: 10 Jan 2003 Location: On your computer screen!

the eye · Joined: 29 Jan 2004

1 and 2: the school can lawfully close their business and "sell it" to a new owner. the new owner can also "refuse' to sign someone they viewed to be a trouble maker. since your contract has been nullified and your visa paperwork has bee cancelled, you are free to find more humane employment.
you should go down to immigration and iquire if they have ACTUALLY done this, because if they have, you have 14 days to leave the country.

And, you could be right in your prediction that they may try to cheat you from your final pay. i have a feeling that they are dodging a lot more than just YOU financially.

3. no it is not possible to be a non-sponsored E2 holder.

4. no, the hogwan owner is not free from obligation after selling his business.

5. if you have worked more than 6 months, you are entitled by law to 30days notice of termination. get down to the LB, you'll need to secure your last month's pay anyway.
the school is not responsible for your ticket home, or severence.

6. take your original contract, your passport, pay stubs(if possible)....and if you can get the new business owner's name and phone number, that would be useful as well.
also, you would be wise in covertly jotting down the hogwan's business registration number. you can find it on a framed document that is probably hanging on the wall in the lobby or reception area.

some tactical advice: don't reveal that you are going to speak to the authorities. the owner's think they have ended this with you. they know you have 14 days left in the country. you can extend your stay by visiting immigration... but go see the labor board immedialtely.

the eye · Joined: 29 Jan 2004

ninjamonkey · Posted: Fri Jul 22, 2005 8:27 am Post subject:

I_Am_Wrong · Joined: 14 Sep 2004 Location: whatever

ask efl law and ask the lawyer at English Spectrum (he's fantastic). As far as I know, by law they have to give you 30 days notice for your job and residence. If you go to immigration you should be able to extend your visa in order to fight them. Anyways, talk to the real law people.

buymybook · Joined: 21 Feb 2005 Location: Telluride

Egypt · Joined: 20 Jul 2005

That sucks! I agree that you should make sure they are on every black list! If possible, try to include the address too, in case they change the name.

Also, I doubt it would do any good, but I'd make sure your students (especially the adult students) know what kind of school it is. If nothing else, it will embarass the school.

GOOD LUCK!