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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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TroySantos
Joined: 17 Jul 2006
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Posted: Mon Jul 31, 2006 4:43 am Post subject: |
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HIYA!
I was recently shown a contract with a start date of August 20, 2006. There is no way in hell I could have an E-2 visa by that time. I'm doing a summer camp now. The camp ends on August 19th, and I have a C-4 visa. (I'm looking to stay on in Korea and work after the camp for a year.)
The fact that the contract states August 20th as the start date was a signal to me from the beginning that this is a very suspect school. I have not turned the job down but I'm not very cozy with it already.
I completely agree that refusing - diplomatically, with a calm cool head, and stating reasons - to work illegally is the right thing to do. I will do the same if asked / coerced / threatened.
I do appreciate the bit about living in the school's housing before starting work. I had not thought of this before reading this thread. So, if I've got it right, Korean law says that an employee can legally live in housing provided by the employer even before the employee starts work.
Troy Santos. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Mon Jul 31, 2006 5:05 am Post subject: |
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Troy,
You do not have that right. Living in the housing depends on the start date on your contract, the date you are expected to begin working. You have to make a deal with your employer if you want to live in the housing before your start date.
If you have a starting date in your contract that is before you can get an E2 visa, you need to change the contract before you sign it. You need to make it clear that you will not work without an E2 visa and that you will begin to work after you have one. If you and your employer can agree on THAT and set a date accordingly, then you can sign the contract (assuming other terms are OK of course).
If you cannot work out an agreement to begin work AFTER you have your E2 visa, you should move on. Look for a new job. Do not try to use the law to change bad employers or get some advantage over them. If you know they are bad, and sign anyway, hoping to use some law to win what you couldn't get through negotiation in advance, then you are buying your own trouble.
If you have some time in Korea before your starting date and before you are able to complete the paperwork and visa run for your E2, you might be able to work out a deal to stay in your employer provided housing. However, if you are replacing another teacher who is in the housing waiting for you to get your E2, then you can't expect to move in until you get it.
You can't work until you get your E2. It is only fair that you shouldn't expect to get paid or live in the work provided housing either. In some cases it could be possible, you just shouldn't expect it.
Alabamaman is refusing to work until he gets his E2. That is as it should be. The rest of his story is unknown to us. It is not relevant to the question of whether or not he should work illegally. It IS relevant to the two parties and what will unfold between them in the weeks ahead. |
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Richard Krainium
Joined: 12 Jan 2006
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Posted: Mon Jul 31, 2006 3:54 pm Post subject: |
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| ontheway wrote: |
Troy,
If you have a starting date in your contract that is before you can get an E2 visa, you need to change the contract before you sign it. You need to make it clear that you will not work without an E2 visa and that you will begin to work after you have one. If you and your employer can agree on THAT and set a date accordingly, then you can sign the contract (assuming other terms are OK of course).
If you cannot work out an agreement to begin work AFTER you have your E2 visa, you should move on. Look for a new job. Do not try to use the law to change bad employers or get some advantage over them. If you know they are bad, and sign anyway, hoping to use some law to win what you couldn't get through negotiation in advance, then you are buying your own trouble.
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Sound advice
Had alabama followed it, this thread would never have existed.
I get the feeling he likes the attention.  |
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