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redlightorchestra
Joined: 16 Jan 2006
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 Posted: Fri May 12, 2006 7:50 am Post subject: My hagwan was sold |
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I have worked for this company for 7 months. The director/owner sold the company. A new school franchise will move in. My boss says our contract together will end in 13 days. We will meet with the new school to discuss our new contract.
Our old contract stipulated a 60 day notice period, and the Korean labour law stipulates 30 days. The contract also said we would recieve 1 month pay at the completion of the contract. Although the Director says he will not pay any severence because we didn't finish one year. The contract does not say one month pay at the end of the year, but rather at the completion of the contract.
The contract also says return airfare to my home country.
Do I have any legal recourse? Is there a helpline, or an office i can contact? Has anone been in this situation? Has my first 7 months in korea been wasted on a deadend contract?
I am a bit worried, should I be? I know itr is a teachers market, but how do I look for a new position? I don't want to go through a recruiter again. |
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UncleAlex
Joined: 04 Apr 2003
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| Posted: Fri May 12, 2006 8:03 am Post subject: Legal Recourse? |
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It could be that the new owner may want to hire you, but I'm sure not to
extend and overlap your present contract if it means he must honor it.
You'd have to start again at 'Go'. Contact the Korea Labor Board and ask
an official where you stand. But do it through a Korean mediator on your
behalf so your employer doesn't get all the sympathy and partiality in his
favor. Good luck.  |
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BigBuds
Joined: 15 Sep 2005
Location: Changwon
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| Posted: Fri May 12, 2006 8:19 am Post subject: |
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Go to www.efl-law.org and go to the legal forums. They'll be able to offer you some advice and let you know what can be done.
Last edited by BigBuds on Fri May 12, 2006 11:20 pm; edited 1 time in total |
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redlightorchestra
Joined: 16 Jan 2006
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| Posted: Fri May 12, 2006 8:33 am Post subject: |
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thanks for the tips.
I have a few good korean friends that are always happy to help out.
cheers
I'll let you know how it goes.
They always give bad news on friday, and I have to stew all weekend! |
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jacl
Joined: 31 Oct 2005
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| Posted: Fri May 12, 2006 8:50 am Post subject: |
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That's an interesting situation.
You're legally entitled to the severence and air fare if you are let go on the spot after 6 months, but when I'm not sure what happens when the business is sold. What happens to your E2? I think that it would be void and you'd have to leave the country within 14 days after the business changes names.
If the original owner is selling due to financial reasons then you're SOL. So, I think that you could be SOL.
Talk to the labor board and immigration.
Is there anyone on this board who really knows what's going on in such a situation? |
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redlightorchestra
Joined: 16 Jan 2006
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| Posted: Fri May 12, 2006 9:02 am Post subject: |
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I think he is selling due to money, but I don't think he is in any financial trouble. He has two other bussinesses, that I know of.
He must be making some money off the sale, all the equipment, and i assume he must sell the remaining keymoney, or whatever you call it in Korea. The 60 milliion won you pay in order to pay a few million for rent.
The new company will also take over the officetel (apt) lease. I wouldn't be surprised if it didn't last out the contract though. |
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canuckistan
Mod Team
Joined: 17 Jun 2003
Location: Training future GS competitors.....
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| Posted: Fri May 12, 2006 4:47 pm Post subject: |
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That happened to me while working at a school in Korea. The seller said he didn't have to pay part of the severence/airfare because I didn't do a year, and the buyer then later said the same. I knew they'd both pull that one but I didn't care enough to go to the labour board.
The one important thing is to have the name of the school changed on your work visa at immigration. They're going to be the new sponsors of your work visa. The school/new owners I think have 60 days to do it and most of the time they don't--but if they don't, they can get fined.
Having that school name changed on your visa could also come in handy if at the end of your contract the new owners are not living up to what you will agree on in a few days. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Fri May 12, 2006 6:53 pm Post subject: |
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Better yet say great! I dont have to work in this dump anymore and find a new job!  |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Fri May 12, 2006 8:01 pm Post subject: |
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| jacl wrote: |
That's an interesting situation.
You're legally entitled to the severence and air fare if you are let go on the spot after 6 months, |
Since when? Severance is paid after 12 months not six.
To the OP. Get the school name change and see if you can arrange some partial compensation. Probably not, but it can't hurt to ask. |
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jacl
Joined: 31 Oct 2005
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| Posted: Fri May 12, 2006 9:27 pm Post subject: |
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| TheUrbanMyth wrote: |
| jacl wrote: |
That's an interesting situation.
You're legally entitled to the severence and air fare if you are let go on the spot after 6 months, |
Since when? Severance is paid after 12 months not six.
To the OP. Get the school name change and see if you can arrange some partial compensation. Probably not, but it can't hurt to ask. |
Oh yeah. It's not severence. You're legally entitled to one month's notice. It's not severence in this case. Come to think of it, the hagwon might have given him the proper notice. Not sure. Wait, I just read the original post. Looks like he was given 13 days. Probably not in writing so I think the OP is SOL.
Just get a new job. Get out of dodge because dodge looks dodgy. |
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the eye
Joined: 29 Jan 2004
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| Posted: Fri May 12, 2006 11:56 pm Post subject: |
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First of all, the new owner must give you one months notice with pay if he intends to terminate you, since you have worked there for more than 6 months..
this is from the Ministry of Labor:
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1. A company is a dynamic organization combining tangible and intangible assets and manpower. In case a company is taken over by or transferred to another company, in other words, in case a business owner is changed, the surviving company shall succeed to previous employment relationships and conditions pursuant to Article 235 of the Commercial Act.
- However, if a worker newly enters the surviving company after submitting a letter of resignation to his/her previous company of his/her own free will and receiving severance pay from his/her previous employer, the number of years of service should be counted from the date of entering the surviving company. In this case, if the previous employer fails to give severance pay in violation of the Labor Standards Act, liability for such failure should be imposed on the previous employer.
2. In case a company remains the same except for the change of its owner, the surviving company shall succeed to employment relationships so that the period during which a worker has worked for the previous employer should be counted in the number of years of service that is used to calculate his/her severance pay, annual paid leave, etc.
- A worker gets entitled to severance pay upon retiring. Therefore, even a worker whose service period before the change of the company owner is less than one year is seen as satisfying eligibility requirements for severance pay prescribed by the Labor Standards Act, if his/her total period of service before and after the change exceeds one year.
- However, the previous employer should be made responsible for paying overdue wages and redressing any violation of the Labor Standards Act, if such overdue wages and violation have occurred before the transfer or takeover.
Related Law : Article 34 of the Labor Standards Act, Article 235 of the Act
Responsible Division : Wage Policy Division 02-503-9732
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http://english.molab.go.kr/
In other words, your contract is still valid and can be enforced with the new owner. If he intends to fire you, he must give you 1 months written notice (with full pay) as you have been employed there for more than 6 months. I hope your contract doesn't state otherwise. |
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jacl
Joined: 31 Oct 2005
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| Posted: Sat May 13, 2006 12:08 am Post subject: |
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| the eye wrote: |
First of all, the new owner must give you one months notice with pay if he intends to terminate you, since you have worked there for more than 6 months..
this is from the Ministry of Labor:
| Quote: |
1. A company is a dynamic organization combining tangible and intangible assets and manpower. In case a company is taken over by or transferred to another company, in other words, in case a business owner is changed, the surviving company shall succeed to previous employment relationships and conditions pursuant to Article 235 of the Commercial Act.
- However, if a worker newly enters the surviving company after submitting a letter of resignation to his/her previous company of his/her own free will and receiving severance pay from his/her previous employer, the number of years of service should be counted from the date of entering the surviving company. In this case, if the previous employer fails to give severance pay in violation of the Labor Standards Act, liability for such failure should be imposed on the previous employer.
2. In case a company remains the same except for the change of its owner, the surviving company shall succeed to employment relationships so that the period during which a worker has worked for the previous employer should be counted in the number of years of service that is used to calculate his/her severance pay, annual paid leave, etc.
- A worker gets entitled to severance pay upon retiring. Therefore, even a worker whose service period before the change of the company owner is less than one year is seen as satisfying eligibility requirements for severance pay prescribed by the Labor Standards Act, if his/her total period of service before and after the change exceeds one year.
- However, the previous employer should be made responsible for paying overdue wages and redressing any violation of the Labor Standards Act, if such overdue wages and violation have occurred before the transfer or takeover.
Related Law : Article 34 of the Labor Standards Act, Article 235 of the Act
Responsible Division : Wage Policy Division 02-503-9732
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http://english.molab.go.kr/ |
Well that makes sense. The OP is still 7 monnths in and can receive severence and air fare after 12 months service unless he hands in a letter of resignation.
OP, just stay on with the new school and make sure you get your severence and flight home after your year is up. If they give you a hard time, LABOR BOARD.
Not sure how it works with the contract though. I guess the new company buys your contract. Both old an new owners have to take in account your situation when making the transaction.
Does a new contract need to be signed? Or does just immigration have to be informed about it with some sort of stamp on your ARC? If a new contract is signed, does that void the last contract? Hmmm.
I guess my "get out of dodge" comment was a little hasty.
Last edited by jacl on Sat May 13, 2006 12:11 am; edited 1 time in total |
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the eye
Joined: 29 Jan 2004
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| Posted: Sat May 13, 2006 12:10 am Post subject: |
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From what i understand, the new owner can ask you to sign a new contract, but it should be pre-dated to the original starting date on the previous owner's contract.
And, yes, immigration should be informed. |
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jacl
Joined: 31 Oct 2005
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| Posted: Sat May 13, 2006 12:22 am Post subject: |
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Ah, yes.
redlightorchestra, deal with this on Monday somehow. Ask to meet the new owners and get a contract signed like the above post. They'll no doubt try to squirm there way out of it, but you gotta try. You have 7 months in. Soon you'll have 8. And then 9. That's 3 months away from your severence and plane ticket (or plane ticket money).
The new company could, however, decide not to hire you on when they take over. In that case, you may be SOL. The last minute thing may work in your favor because they might not have a teacher to replace you. You don't want to be working for the new guys without involving immigration with some sort of new contract or stamps in your passport and visa though. |
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redlightorchestra
Joined: 16 Jan 2006
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| Posted: Sat May 13, 2006 1:58 am Post subject: |
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| There has already been talk about a trip to Japan and signing a new contract. Hopefully the last minute opportunity will work in our favour. Thank you for your helpful suggestions and advice. We appreciate all your support. The MOL info is great. I'll print the information and bring it to the meeting. |
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