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littlelisa
Joined: 12 Jun 2007 Location: Seoul
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Posted: Fri Feb 01, 2008 8:00 am Post subject: My school is bleeding students -- Updated |
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The school I'm at is losing students (mostly because of their own stupid decisions, and ignoring any input from either me, or the other two teachers).
So today, they told me that they don't have enough money and want to end my contract early. It'll juuust be at the 6 month mark, maybe less. They are giving me 30 days notice, and offered to pay my plane ticket home. I'm sure they would also give the cash equivalent.
It's a bit of a bother (I hate the job search), but the job wasn't a great one, so maybe it's just as well. Too much time twiddling my thumbs, and they insisted that even though I had very few classes, I stay the full day in the office doing nothing.
Is it reasonable for me to ask for at least half my severance too? I asked them, and they said no, they have no money to give me any severance. They said they would give me a letter of release and that if I found a job that started earlier than in a month, that they would still give me a full February paycheck, but allow me to leave early all the same. They also offered to give me a letter of recommendation.
My contract says the following about terminating the contract:
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Article 17 (Termination of the Contract)
① Employer may terminate or cancel this Contract upon occurrence of any one of the following events:
1. If Employee violates the laws of the Republic of Korea.
2. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
3. If Employee fails to perform continuously his/her duties for more than a week without any excuse.
4. If any of the information provided in Employee's application is neither true nor accurate.
5. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 2 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)
6. If the sick leave used by Employee pursuant to Article 15 hereof exceeds thirty (30) days.
② In the event that this Contract is terminated pursuant to the foregoing ①, Employer shall be responsible for the return flight to his/her home country. Employee's visa will subsequently be cancelled.
③ In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing ①, Employee shall immediately refund the loan to Employer pursuant to Article 10① |
So, it doesn't really say anything about them ending a contract early because it's more cost-efficient. In which case, we're just bargaining, right? Or are they being generous enough? Thing is, it sounds pretty fair and nice and generous when I type it out, but they've been fairly miserly, rude and annoying to all of us (three including me) foreign teachers. Though they haven't screwed us over, there have been a lot of arguments between us and them, especially lately. They do honour the contract, though, that's one thing I can say for them.
They just told me this today. I haven't signed anything, or gotten anything in writing. I know they're planning on having something for me to sign on Monday, though.
Anybody have any advice?
Should I insist on getting some severance?
----edit. Feb. 6th
So yesterday my director figured out that if he finds reason to fire me that he can save money by asking me to repay my plane ticket here, etc.
So far, he's taken issue to a bunch of things, but essentially is saying I don't perform satisfactorily and that I show a lack of teamwork. Luckily this isn't a hakwon, and there are people above him, so that's maybe one option.
Does anyone have any more advice now that the situation's changed a bit? In a meeting last week, he said that he'd pay my plane fare back to Canada and that I wouldn't have to pay back my flight here. I have a witness (who won't lie) because even though his English is fine, he's shy about it and so had the co-director translate. Now, in a meeting yesterday, he went back on it, and I have another coworker who was translating and wouldn't lie if asked about it.
He's not making any friends over this. I think everyone in the office thinks he is being unreasonable.
I have never received any warnings for anything, either verbal or written. Do I have a case for the labour board, and would I be likely to win? Are there other things I should do first?
I tried telling the director that I have no issue with ending the contract early, but that he can't end it for this reason. That I would have accepted the offer he made me just days ago, but not this one. He got up in a huff and left, saying "I'm done. I don't want to talk to you anymore".
----Edit Feb. 13th
Worked things out. 
Last edited by littlelisa on Wed Feb 13, 2008 1:58 am; edited 3 times in total |
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yingwenlaoshi

Joined: 12 Feb 2007 Location: ... location, location!
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Posted: Fri Feb 01, 2008 8:09 am Post subject: |
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They're giving you 30 days notice. You should probably get that in writing, but you know how it goes. Even then, there's no need for anything in writing in this case. But it's always good to get it just in case they decide to fire you next week out of the blue. Anyway, it sounds legit. Plus they're giving you the flight. Maybe you're entitled to it anyway since you usually need 6 months in for that.
As for severence? No. You aren't entitled to it. Giving you 30 days is all they need to do unless they were firing you in the 10th or 11th month or something. |
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Pyongshin Sangja

Joined: 20 Apr 2003 Location: I love baby!
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Posted: Fri Feb 01, 2008 8:20 am Post subject: |
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Er. You're done. |
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the eye

Joined: 29 Jan 2004
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Posted: Fri Feb 01, 2008 8:50 am Post subject: Re: My school is bleeding students |
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littlelisa wrote: |
Should I insist on getting some severance? |
What kind of leverage do you have?
Are you holding his daughter hostage?
You know the school is in financial trouble because you've seen what's going on.
If they pay your flight home, and you've been there only 6 months, that's more than what you are entitled to. |
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MarionG
Joined: 14 Sep 2006
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Posted: Fri Feb 01, 2008 2:50 pm Post subject: |
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You can try for severance, but I'd guess it's a lost cause. You'll just poison the pretty nice offers they've already made, including paying you the full 30 if you get another job earlier, paying or cashing out the plane ticket and the letter of recommendation.
Severance is for completing a one year contract. I've never heard of it being prorated for less than one year (doesn't mean that it hasn't happened, I've just never heard of it.)
The typical we're out of money scenario seems to be handled a great deal differently than yours: It includes arriving at school one day and being told that the school is closing or you are out of a job or both, together with sorry, we don't have your back salary, sorry no ticket home, and sorry, we're so distressed we can't sign a letter of release.
I hate it when people say "You should feel lucky" in circumstances that are far from lucky for you, but maybe you should.. |
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Thunndarr

Joined: 30 Sep 2003
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Posted: Fri Feb 01, 2008 2:56 pm Post subject: |
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They offered to pay your plane ticket home. They are not required to do this at the 6 month mark. Just an fyi. |
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harryh

Joined: 16 Jan 2003 Location: south of Seoul
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Posted: Fri Feb 01, 2008 3:03 pm Post subject: |
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If you wish to work in Korea again before your current E-2 dates expire, make sure you get the letter of release. |
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mindmetoo
Joined: 02 Feb 2004
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Posted: Fri Feb 01, 2008 4:13 pm Post subject: |
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While they're not running their school properly, they seem at least reasonable in their exit package. Severance is only payable per full year. They gave you lots of notice (when do Koreans plan a month in advance?). Suddenly coming to them and asking for a payment you're not legally or contractually entitled to might seem like a slap in the face, making getting a Letter of Release from them a wee bit harder. |
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mistermasan
Joined: 20 Sep 2007 Location: 10+ yrs on Dave's ESL cafe
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Posted: Fri Feb 01, 2008 4:37 pm Post subject: |
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do want to go home or catch another wave? |
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littlelisa
Joined: 12 Jun 2007 Location: Seoul
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Posted: Fri Feb 01, 2008 4:58 pm Post subject: |
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Thanks. I figured that it might be the case, but I wasn't sure, so wanted to ask. One of my coworkers seemed to think that I should be entitled to half, so I thought that there'd be no harm in asking here for advice.
Mister Masan: I think I'd like to stay. I have a lot of Korean friends here and they are incredibly sweet people. I feel like I just got here!
If I can find a decent job that offers a decent apt, I would definitely stay. |
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mistermasan
Joined: 20 Sep 2007 Location: 10+ yrs on Dave's ESL cafe
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Posted: Fri Feb 01, 2008 5:11 pm Post subject: |
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seems you would be a hot commodity: cleared for work, in country. maybe extend your visa and get work release (sequence?).
best wishes. |
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crescent

Joined: 15 Jan 2003 Location: yes.
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Posted: Fri Feb 01, 2008 5:14 pm Post subject: |
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I work at a top-notch school in Daegu. PM me if you want details. |
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littlelisa
Joined: 12 Jun 2007 Location: Seoul
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Posted: Fri Feb 01, 2008 6:01 pm Post subject: |
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Thanks, I'll keep it in mind, but I think I'm looking particularly in Seoul; that's where my friends all are. |
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R. S. Refugee

Joined: 29 Sep 2004 Location: Shangra La, ROK
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Posted: Fri Feb 01, 2008 6:28 pm Post subject: |
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Paying severance is a legal requirement that kicks in a 12 months. That's why there is a popular sport among some employers here of suddenly deciding your a bad worker and firing you in the 11th month.
Never, ever heard of anyone getting severance that wasn't required by law. Among English teachers, that is. |
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WoBW
Joined: 07 Dec 2007 Location: HBC
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Posted: Fri Feb 01, 2008 7:00 pm Post subject: |
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Funnily enough, the same thing just happened to me. At the 6 month mark as well. The boss came in my classroom on a Friday in early January and told me they were shutting down the weekday program at the end of the month because they didn't have enough students.
They're still running the weekend program, though, which is a bit odd as that means a whole building wil sit empty 5 days a week.
It's a bummer because it has been a sweet deal Only 12 hours teaching a week and the rest of my time sitting in my room, music playing, writing materials. The management left me alone - sometimes I didn't even see my boss all week because I was just holed up in my room. Great apartment, too.
Anyway, I've got one job offer and another interview to set up. I'm hoping to transfer my visa to a new job. My boss has already given me a letter giving me permission to do that.
Bit worried about the 'you must have completed 9 months of your contract before you can transfer' rule. Given the circumstances (i.e. I didn't quit and I didn't get fired - my school just wasn't making money on the program I was teaching - kimmi might allow it. If not I'm buggered because I haven't got my CRC yet to get a new visa. I need to tranfer the one I've got so I'll have 6 months to get the CRC done. |
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