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hadeshorn
Joined: 30 Jul 2003
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 Posted: Tue Jan 31, 2006 3:27 pm Post subject: Breaking a contract before it begins. |
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I know there is something the FAQ about this, but details are a little different.
Friend of mine flew in here on the hagwons dime, but is still on a tourist visa.
Complications have arisen lately because they have done the whole contract switcheroo on her and now saying she has to work Saturdays. She is really pissed about this.
They do have her documents, not her passport tho. Any advice on what can be done here. |
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sadsac
Joined: 22 Dec 2003
Location: Gwangwang
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| Posted: Tue Jan 31, 2006 3:32 pm Post subject: |
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Does she have a copy of the original contract that she signed? If so, present that to the school and advise them that she will not be signing any amended contract that requires her to work Saturdays. If they say no to that, then tell her to ask for her documents back and leave. They may want the airfare repaid though. The other point is, has she already gotten her E2 beacause that may complcate matters. It may be worth checking with EFL law, if they are still about.  |
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Grotto
Joined: 21 Mar 2004
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| Posted: Tue Jan 31, 2006 4:34 pm Post subject: |
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Has she done her visa run? If not the contract doesnt mean squat!
If the visa is in her passport then she could have trouble. |
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hadeshorn
Joined: 30 Jul 2003
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| Posted: Tue Jan 31, 2006 4:59 pm Post subject: |
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| No visa in passport. |
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Homer
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| Posted: Tue Jan 31, 2006 5:29 pm Post subject: |
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| Has she done her visa run? If not the contract doesnt mean squat! |
Very nice statement that sadly might not be true....
If the contract was signed by both parties...it is binding. The fact that the teacher did not get his or her visa yet only means that he or she cannot start teaching yet. However, the contractual clauses still apply.
If the teacher breaks the contract for example, the school (if they had a clause to that effect) could ask for the airfare back. They could win their case too. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Tue Jan 31, 2006 5:38 pm Post subject: |
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technically you may be correct Homer.
BUT
The contract becomes active upon recieving the E2 visa...if you do not recieve it then the contract becomes null and void!
As the hogwan in question changed the contract (read the OP) your point is not valid! |
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Homer
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| Posted: Tue Jan 31, 2006 5:44 pm Post subject: |
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If, and that is a big if considering what we know here, the school changed the contract, then the teacher has a leg to stand on and could resign with no problems.
That is one big if however Grotto. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Tue Jan 31, 2006 6:00 pm Post subject: |
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| Complications have arisen lately because they have done the whole contract switcheroo on her and now saying she has to work Saturdays. She is really pissed about this. |
Come on Homer  they switched contracts on her....just how do they have a leg to stand on? 
Until that E2 visa is in your passport the contract is not in force. Until the parameters for the activation of the contract have been fulfilled it is only an agreement that is contingent on the completion of the parameters...whew! Legalease doubletalk!
From the sounds of it(reading between the lines) the poor girl has been working illegally and needs to get the hell out of Dodge! She has been lied to, forced to work illegally and is being jerked around. I say the hogwan deserves no sympathy for their part! |
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hadeshorn
Joined: 30 Jul 2003
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| Posted: Tue Jan 31, 2006 6:12 pm Post subject: |
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Well she hasnt been working yet. They have been doing orientation with her and not sure when the visa run is tho.
She is getting trained up at another branch of the school, she has been here 2 years before.
But she signed a copy and sent it to them, but it said Mon-Fri.
She isnt going to back down on this as she wants her weekends free (like any other normal person would).
Be interesting once I get home to hear another chapter in the saga. |
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some waygug-in
Joined: 25 Jan 2003
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| Posted: Tue Jan 31, 2006 6:36 pm Post subject: |
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She is in no way obligated to honor changes to the contract. She actually can walk away if that's what she decides to do.
However, if they paid her flight over, she should do the right thing and pay for her ticket. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Tue Jan 31, 2006 7:14 pm Post subject: |
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I kind of feel that the hogwan deserves to eat the cost of the ticket over for being so underhanded.
Hey here is an agreement...is it okay?  Okay! Come halfway around the world and guess what...we changed the contract  oh you dont have any choice ...you are the foreigner and must respect our customs  ...some of our customs are lying, cheating and treating our employees like endentured servants! Oh crap! We dont have the visa in her passport yet  I sure hope she doesnt wise up and leave us standing here with kimchi on our faces 
Run Forrest RUN! |
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bellum99
Joined: 23 Jan 2003
Location: don't need to know
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| Posted: Tue Jan 31, 2006 8:03 pm Post subject: |
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| The boss must be stupid. They never do the contract switch until you have the visa in your passport and everything is finished. |
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Matthias
Joined: 27 Jan 2006
Location: KC, MO
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Feb 01, 2006 12:27 am Post subject: |
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Actually doing that could land you in a whole world of trouble, if you ever intend to work in Korea again. They could sue you for libel (which is taken quite seriously in Korea). |
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Homer
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| Posted: Wed Feb 01, 2006 3:27 am Post subject: |
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| Come on Homer they switched contracts on her....just how do they have a leg to stand on? |
I said the teacher might have a leg to stand on...please read more carefully next time.
Now, as she has not started working yet, this working on saturday is still not a reality. The teacher therefore has a bit of leverage unless her contract has a clause allowing the school to request saturdays from teachers. So far, we have very little detail on the actual situation beyond what the OP briefly said.
Bottom line, if they did in fact change the contract without the teachers approval then she can go to the labor board or quit.
The question of airfare might come up and the school might ask for that money back or, if they were supposed to reimburse the teacher, simply refuse to do so. |
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