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ubum

Joined: 23 Aug 2005 Location: Gwangju
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Posted: Wed Sep 21, 2005 8:46 pm Post subject: 5 year contract!!! Would you sign? |
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I currently have a 1 year contract at my current job. It��s a position as an in house Business English Instructor at a large well-known company. I am only about 5 months into my current contract and they asked me yesterday what I thought of a 5 year contract. I told them that 5 years was a long ass time. Would anyone sign a 5 year contract? |
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joe_doufu

Joined: 09 May 2005 Location: Elsewhere
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Posted: Wed Sep 21, 2005 8:54 pm Post subject: Re: 5 year contract!!! Would you sign? |
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ubum wrote: |
I currently have a 1 year contract at my current job. It��s a position as an in house Business English Instructor at a large well-known company. I am only about 5 months into my current contract and they asked me yesterday what I thought of a 5 year contract. I told them that 5 years was a long ass time. Would anyone sign a 5 year contract? |
What enticements does the contract offer you? Better pay, benefits, or what? Does the contract provide for yearly salary increases? What's the penalty clause for breaking the contract?
Don't forget you should be getting the equivalent of a round trip plane ticket and an extra month's pay *every* year, not just at the beginning and end of five years. |
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Dan The Chainsawman

Joined: 05 May 2005
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Posted: Wed Sep 21, 2005 8:56 pm Post subject: |
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Five years would at least be worth some strippers as well. |
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magicwolfman
Joined: 01 Sep 2005
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Posted: Wed Sep 21, 2005 9:04 pm Post subject: |
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as others have said, it would depend on the benefits (minus the strippers). I think it might have potential. |
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ubum

Joined: 23 Aug 2005 Location: Gwangju
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Posted: Wed Sep 21, 2005 9:05 pm Post subject: |
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Quote: |
Don't forget you should be getting the equivalent of a round trip plane ticket and an extra month's pay *every* year, not just at the beginning and end of five years. |
I am nowhere near about to sign, I haven��t even seen it. Let��s see if I make it the year first. But I would want a roundtrip international flight of my choice each year. Also severance would be an issue; I would want it every year as with a 1 year contract, maybe they would have to call it a yearly bonus instead. |
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rapier
Joined: 16 Feb 2003
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Posted: Wed Sep 21, 2005 9:07 pm Post subject: |
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you can change a lot, rethink, and acquire different goals in 5 years.
Its a loooong time to commit to. |
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Moldy Rutabaga

Joined: 01 Jul 2003 Location: Ansan, Korea
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Posted: Wed Sep 21, 2005 9:20 pm Post subject: |
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It's a strange offer-- why would someone offer a 5-year contract outside of the army, unless it's a trick to deny benefits when invariably you leave before five years. It's a commitment. Better be damn cute strippers.
Ken:> |
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JongnoGuru

Joined: 25 May 2004 Location: peeing on your doorstep
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Posted: Wed Sep 21, 2005 9:25 pm Post subject: |
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I'm just curious as to the validity, legally speaking, of a multi-year employment contract between a Korean employer and a foreign employee.
Most work visas are valid for no more than one year. In the end, whether we are allowed to remain in, or return to, the Republic is not up to the desire or deep pockets/connections of our employers, but to the mood of the Ministry of Justice/Immigration Office agent we happen to draw. And as Immigration doesn't normally issue work visas valid beyond one year (and as they like to see the visa period & employment period coincide), I wonder exactly what they'd make of a 5-year employment contract?
My sense is, this won't fly because of the visa. (Maybe not a concern for Foreign Spouse visa-holders, I dunno.) Or, there'd be a "gentlemen's agreement" (perhaps even something in writing) between the Korean employer and the foreign employee, but the actual employment contract that's submitted to Immigration will be the standard one-year dealio. Which contract is legally binding, though, should problems arise?
Last edited by JongnoGuru on Wed Sep 21, 2005 9:28 pm; edited 2 times in total |
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Wangja

Joined: 17 May 2004 Location: Seoul, Yongsan
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Posted: Wed Sep 21, 2005 9:25 pm Post subject: |
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If the notice period is one month, it is a one month contract. |
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Paji eh Wong

Joined: 03 Jun 2003
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Posted: Wed Sep 21, 2005 9:28 pm Post subject: Re: 5 year contract!!! Would you sign? |
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ubum wrote: |
I currently have a 1 year contract at my current job. It��s a position as an in house Business English Instructor at a large well-known company. I am only about 5 months into my current contract and they asked me yesterday what I thought of a 5 year contract. I told them that 5 years was a long ass time. Would anyone sign a 5 year contract? |
Maybe its a balloon. They ask for 5, you say "no". Then they counter with 2.
I don't trust Korean management to plan something 5 days in advance, let alone 5 years. It seems kind of pointless. |
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fidel
Joined: 07 Feb 2003 Location: North Shore NZ
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Posted: Wed Sep 21, 2005 9:32 pm Post subject: |
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JongnoGuru wrote: |
I'm just curious as to the validity, legally speaking, of a multi-year employment contract between a Korean employer and a foreign employee.
Most work visas are valid for no more than one year. In the end, whether we are allowed to remain in, or return to, the Republic is not up to the desire or deep pockets/connections of our employers, but to the mood of the Ministry of Justice/Immigration Office agent we happen to draw. And as Immigration doesn't normally issue work visas valid beyond one year (and as they like to see the visa period & employment period coincide), I wonder exactly what they'd make of a 5-year employment contract?
My sense is, this won't fly because of the visa. (Maybe not a concern for Foreign Spouse visa-holders, I dunno.) Or, there'd be a "gentlemen's agreement" (perhaps even something in writing) between the Korean employer and the foreign employee, but the actual employment contract that's submitted to Immigration will be the standard one-year dealio. Which contract is legally binding, though, should problems arise? |
I currently have a two year contract with a two year E2 visa, along with a two year multiple re-entry visa, got it all at the main Seoul office so obviously they don't have a problem with it.  |
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JongnoGuru

Joined: 25 May 2004 Location: peeing on your doorstep
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Posted: Wed Sep 21, 2005 9:46 pm Post subject: |
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fidel wrote: |
JongnoGuru wrote: |
I'm just curious as to the validity, legally speaking, of a multi-year employment contract between a Korean employer and a foreign employee.
Most work visas are valid for no more than one year. In the end, whether we are allowed to remain in, or return to, the Republic is not up to the desire or deep pockets/connections of our employers, but to the mood of the Ministry of Justice/Immigration Office agent we happen to draw. And as Immigration doesn't normally issue work visas valid beyond one year (and as they like to see the visa period & employment period coincide), I wonder exactly what they'd make of a 5-year employment contract?
My sense is, this won't fly because of the visa. (Maybe not a concern for Foreign Spouse visa-holders, I dunno.) Or, there'd be a "gentlemen's agreement" (perhaps even something in writing) between the Korean employer and the foreign employee, but the actual employment contract that's submitted to Immigration will be the standard one-year dealio. Which contract is legally binding, though, should problems arise? |
I currently have a two year contract with a two year E2 visa, along with a two year multiple re-entry visa, got it all at the main Seoul office so obviously they don't have a problem with it.  |
You're very right. My ignorance on matters E2-related has conspired to trip me up once again. But that is fairly common, isn't it? 2 years for teachers on E2 visas? I mean, it's something the Immigration Office itself has officially decreed and thus wouldn't view it with the slightest suspicion, yes? But how about a 5-year visa? I've never heard of such an animal. |
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lastat06513
Joined: 18 Mar 2003 Location: Sensus amo Caesar , etiamnunc victus amo uni plebian
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Posted: Wed Sep 21, 2005 9:50 pm Post subject: |
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There is no legality to it.
It is not the company that determines the stay, its immigrations.
And right now, they only renew visas on a year-by-year basis. I haven't heard of them giving anything BUT one year stints on a visa. I'm not sure about other types of visas outside of E2s though.
You can sign anything you want. But remember that it is only legal for ONE year
Because I'm human, I could be wrong. I'm ready for a backlash.....  |
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krats1976

Joined: 14 May 2003
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Posted: Wed Sep 21, 2005 10:13 pm Post subject: |
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You can't get a 5 year E-2 visa, but you can get a 5 year contract. You will simply have to extend your visa each year. It's a pretty simple matter.
I just extended for the second year of my 2-year contract. I'm on an E-7, but I don't think it's that much different.
As for severence, Korean law requires you to get 1 month severence for every 12 months you work. So, you would get 5 years of severence (though I'd make sure it was in the contract). Whether they're required to give it to you at the end of the year or if they could give it to you in one lump sum at the end, I don't know. |
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JongnoGuru

Joined: 25 May 2004 Location: peeing on your doorstep
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Posted: Wed Sep 21, 2005 10:27 pm Post subject: |
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krats1976 wrote: |
[color=darkblue]You can't get a 5 year E-2 visa, but you can get a 5 year contract. You will simply have to extend your visa each year. It's a pretty simple matter. |
So, assuming someone had a 5-year employment contract, what would they do? Just bring in the same old contract every year, for five years, when they renew/extend their 1-year or 2-year visa?
I once had an employment contract that, for reasons I can't recall now, would have ended a few days (like 2) before the expiry date of the one-year visa I was applying for. Immigration wouldn't accept it. They made me go back to my office and get my employer to issue another contract with THE EXACT SAME ENDING DATES for both visa & contract. Why not just snip two days from the visa period? Nope, couldn't do that.
I know Immigration can be inconsistent, but would they accept an employment contract that ended three years after the longest work visa expires? They might, but... |
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