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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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 Posted: Thu Dec 20, 2012 8:34 pm Post subject: Help to escape an overly onerous contract |
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Hi guys,
Long story short, I'd spent a good year with S####care in their afterschool program. At the end of the contract they couldn't find a new teacher for some reason. I stayed a week, then a couple of weeks then agreed to sign up for another 5 months.
The contract looked like my previous one, and I was assured it was essentially the same....
Hmmmmm.... Actually it turns out it was so "weasely worded" that I'm not getting national holidays paid or my winter vacation that is explicitly in the contract.
Ok, I signed it. I'm no lawyer and I trusted them but mea culpa, I
signed it.
Here's my question. S####care is trying to escape paying my vacation by pointing out the vacation clause refers to a 1 year period. There are other discrepancies too where 5 months and 1 year are both refered to in the contract.
So, do these date discrepancies render the contract invalid? I.e. legally void...
Thanks in advance and Merry Christmas ^^ |
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nautilus
Joined: 26 Nov 2005
Location: Je jump, Tu jump, oui jump!
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| Posted: Thu Dec 20, 2012 8:40 pm Post subject: |
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| I made a similar mistake once. They reassure you the contract is the same so you don't bother to read it. Then you find they've changed certain details.... |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Thu Dec 20, 2012 9:02 pm Post subject: |
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| Actually it turns out it was so "weasely worded" |
What exactly did it state? Your post is confusing. I have nothing to base an opinion on except your conclusions.
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| I'd spent a good year with S####care in their afterschool program. |
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| I stayed a week, then a couple of weeks then agreed to sign up for another 5 months. |
So, you want to finish 1.5 years with the same school? Or earlier?
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| S####care is trying to escape paying my vacation by pointing out the vacation clause refers to a 1 year period. |
Are you saying you want vacation somewhere within the 6 months added? You seriously call this "weasely worded"? 
If you had finished the first year and left, would you get any paid vacation after the date you left? Of course not.
Why do you expect any vacation time or money after extending the contract 6 months and leaving later?
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| So, do these date discrepancies render the contract invalid? I.e. legally void... |
If you are not getting any additional benefits, either finish the 6 months or leave. What do you want to do next?
I don't see how the school is doing anything wrong and I see a lack planning on your side. Do you want to work at another school or return to your home country?
Last edited by YTMND on Thu Dec 20, 2012 9:05 pm; edited 1 time in total |
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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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| Posted: Thu Dec 20, 2012 9:04 pm Post subject: |
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Yup I hear you, I've been here for 10 years and didn't think I'd fall into this trap either...
The contract changes are so subtle and sly I don't really feel bad about missing them.
After a good year with the company then bailing them out it never occured to me they'd sc#%w me over.
Crazy thing, they didn't tell me I wasn't getting national holidays or my paid vacation until two weeks before they want me to do 2 weeks of 10 hour days to "pay back" my national holidays and vacation. I.e. 50 hours of unpaid overtime.
You can imagine how amused I was ^^ |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Thu Dec 20, 2012 9:10 pm Post subject: |
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| National holidays in 6 months wouldn't come to that much. I agree that part sucks, but you still have to decide what you want to do next. I find this a more crucial problem. |
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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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| Posted: Thu Dec 20, 2012 9:22 pm Post subject: |
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| YTMND wrote: |
| National holidays in 6 months wouldn't come to that much. I agree that part sucks, but you still have to decide what you want to do next. I find this a more crucial problem. |
You might chuckle to hear that school admin days (School birthday etc.) have also been added. Apparently I owe 10 days inc. my Christmas vacation.
Frankly I feel like I've been totally taken advantage of. I'm on an F visa so if the contract is void I'd like to just walk. They're holding about 2 weeks pay and they want me to give them about 2 weeks work unpaid. It seems like we're about quits if I leave now...
I have no real expectations of getting the money they're holding but I don't want to be legally persued. I know it's not likely but I'd like to know I'm free and clear... |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Thu Dec 20, 2012 9:37 pm Post subject: |
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So, this isn't a typical E2 situation. Why do people sensationalize their original post and not put in the essential information?
If you are on an F visa, that means your situation is different. The school is obviously trying to cut costs. You can't apply E2 standards to F2 contracts.
Your monthly salary is the deciding factor. If it is 2.0 then you signed up for the wrong deal. If you are getting 2.5 or higher, I wouldn't be complaining. You would be getting higher pay than the typical E2 teacher. |
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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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| Posted: Thu Dec 20, 2012 9:39 pm Post subject: |
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I'm not trying to.
I'm simply wondering if a contract that states it runs for a year and simultaneously states it runs for 5 months is null and void.
That's it. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Thu Dec 20, 2012 9:42 pm Post subject: |
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| Suwon Fish wrote: |
I'm not trying to.
I'm simply wondering if a contract that states it runs for a year and simultaneously states it runs for 5 months is null and void.
That's it. |
It means you are on an F visa and you got a higher salary than a typical E2 visa holder. You are using E2 contract standards to make an argument I think is ridiculous.
You should have either taken a higher paying job and done the 6 months or not taken such a low paying offer to begin with.
Since you worked there 1 year, I figure you got a higher salary. You have your money. Stop complaining. |
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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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| Posted: Thu Dec 20, 2012 9:47 pm Post subject: |
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Let me try that again, I guess you missed it.
| Suwon Fish wrote: |
I'm not trying to.
I'm simply wondering if a contract that states it runs for a year and simultaneously states it runs for 5 months is null and void.
That's it. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Thu Dec 20, 2012 9:51 pm Post subject: |
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| Suwon Fish wrote: |
Let me try that again, I guess you missed it.
| Suwon Fish wrote: |
I'm not trying to.
I'm simply wondering if a contract that states it runs for a year and simultaneously states it runs for 5 months is null and void.
That's it. |
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I will try again too.
1) Did you get an apartment from them (security deposits, etc...)?
2) Are they paying your pension?
3) Do you have a higher salary than a typical entry E2 visa holder?
4) Did you have to fly to Korea and return, costing them 2 flights?
As for your question, I will answer when I see the contract to evaluate it and you answer my questions. I can't help you unless you give us some idea of what your situation is.
If I had an F visa I would get multiple higher paying jobs, and then I would take vacation time when I could. I would be able to take part-time jobs also which gave me time off instead of taking national holidays or scheduled vacation time.
You got the job over an E2 visa holder. Why do you think that is? It's because the school will save money by hiring you and not giving all the benefits they would to an E2 visa holder. They can then pay you a higher salary in the end. It means you get the job and an E2 visa holder doesn't.
So, what does your contract state? I asked this initially and you haven't posted it. It might be best to post it in the contract thread unless moderators allow it in this case. I would like to see where it states both, not just blindly remark on the premise it is listed there. How is it listed? That's what I want to see. |
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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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| Posted: Thu Dec 20, 2012 10:27 pm Post subject: |
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| YTMND wrote: |
1) Did you get an apartment from them (security deposits, etc...)?
2) Are they paying your pension?
3) Do you have a higher salary than a typical entry E2 visa holder?
4) Did you have to fly to Korea and return, costing them 2 flights?
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I have my own apartment. I get a single payment that covers pension, housing, health and salary.
My salary is at the upper end of what people make teaching here.
No flights paid for by the company.
| YTMND wrote: |
As for your question, I will answer when I see the contract to evaluate it and you answer my questions. I can't help you unless you give us some idea of what your situation is.
If I had an F visa I would get multiple higher paying jobs, and then I would take vacation time when I could. I would be able to take part-time jobs also which gave me time off instead of taking national holidays or scheduled vacation time.
You got the job over an E2 visa holder. Why do you think that is? It's because the school will save money by hiring you and not giving all the benefits they would to an E2 visa holder. They can then pay you a higher salary in the end. It means you get the job and an E2 visa holder doesn't.
So, what does your contract state? I asked this initially and you haven't posted it. It might be best to post it in the contract thread unless moderators allow it in this case. I would like to see where it states both, not just blindly remark on the premise it is listed there. How is it listed? That's what I want to see. |
Posting the contract will take a while. I'll need to get it scanned first I guess... Currently at work on possibly my last day. |
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randall020105
Joined: 08 Apr 2008
Location: the land of morning confusion...
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| Posted: Thu Dec 20, 2012 10:57 pm Post subject: ok... |
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ok, so... are you still working there?
R. |
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Suwon Fish
Joined: 11 Nov 2008
Location: Hongdae
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| Posted: Thu Dec 20, 2012 11:18 pm Post subject: |
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Yup, I'm still at the school.
The contract runs till Feb 28. My unpaid vacation starts next week. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Dec 21, 2012 1:57 am Post subject: |
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| My unpaid vacation starts next week. |
What does that mean to an F visa holder?
The whole point in you greedy poster getting a job instead of an E2 visa holder is that you get the job, not them.
Why are you so greedy that you ask for paid vacation?
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| I have my own apartment. I get a single payment that covers pension, housing, health and salary. |
So, you are covered. Stop bitching like a bitch. |
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