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Business concept: Fair free market system for instructors?

 
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justin moffatt



Joined: 29 Aug 2006

PostPosted: Thu Oct 09, 2008 8:14 am    Post subject: Business concept: Fair free market system for instructors? Reply with quote

First of all, I have never worked in a hagwon or public school, so please forgive me, but who sponsors your visa? Does the recruiter sponsor you, the private or public institution, or possibly both?

Either way, after reading page after page of disgruntled instructors being shafted by agencies, hagwons, and the like for the past few years, I have been thinking about implementing a business concept (probably already exists).

Since your agency or institution OWNS your visa, and thereby has the ability to accept or decline your request to work another part time job elsewhere, would it not be wiser to take away their power?

How? If foreigner expats established a recruiting company that is foreigner run and owned, hiring only QUALIFIED instructors with actual teaching EXPERIENCE, and Korean (or Kyopo) adminstrative staff, and contracted their instructors to Public Schools, Hagwons, Corporate companies, and perhaps Universities. In theory, if the company sponsors the instructors Visa, they can conduct additional employment either a) via any contracts with the company or b) with company (and immigration) permission. Furthermore, customers can contract and pay the company directly, and request the instructors to instruct them or even their children. The company could take a REASONABLE commision on the contract (agreed to by all parties involved).

Most of the recruiting agencies I have researched have hired instructors using a similiar premise, however, provide a minimal monthly salary. In other words, instructors could have a full time contract at an institution via this company, and work part time, or private lessons as well LEGALLY through the company (either introduced by the instructor or company).

With the current government's increasing restrictions on visa requirements, and obvious mandate to persuade Koreans to enroll (either themselves or their children) in private institutions rather than engaging in private lessons (risk of imprisonment, fine, deportation for non F2/F4 instructors, penalities for buyer), perhaps this may be a reasonable solution. Level the playing field so to speak. This would also be benficial for F2/F4 visa holders as well, since the government is "attempting" to regulate private lessons and limit the amount one can "legally" charge. I recognize that many people will engage in private lessons anyways (F2/F4 visa holders and otherwise), however, it may be a way to protect ourselves against the upcoming onslaught. Especially, for those of us, who plan on staying in Korea for some time (even beyond the financial crisis).

I open myself to the barrage of criticisms and blasting now . . . . (as I enter my fetal position here) Embarassed
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Saram



Joined: 11 Mar 2007

PostPosted: Thu Oct 09, 2008 8:26 am    Post subject: Reply with quote

I think the individual schools sponsor the visa or the local government office for most p.s. jobs. And there are foreign based recruiters out there. Canadian Connections is a pretty large one.
edit: typos
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Tommy



Joined: 24 Aug 2005

PostPosted: Thu Oct 09, 2008 9:12 am    Post subject: Reply with quote

Pretty sure teachers on E2 Visas (which is needed to teach English) can only be sponsored by public schools or businesses that meet certain requirements - for example, it must be a registered language institute, must have X amount of students, etc.

I don`t see how a recruiting agency could sponsor you if they don`t meet these requirements - primarily being a language institute vs. an outsourcing company.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Oct 09, 2008 9:21 am    Post subject: Reply with quote

Quote:
Pretty sure teachers on E2 Visas (which is needed to teach English) can only be sponsored by public schools or businesses that meet certain requirements - for example, it must be a registered language institute, must have X amount of students, etc.



Correct.


Also, you can only work for your sponsor and only at the sponsor's address which is your only legal workplace.

You can only add a limited number of extra workplaces on your ARC, and your hours at your second jobs must be less than the hours you work at your first job.


Sorry.

Nice idea, but it's not legal.
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justin moffatt



Joined: 29 Aug 2006

PostPosted: Thu Oct 09, 2008 10:12 am    Post subject: Reply with quote

Tommy:

Many outsourcing companies also have language institutes in house. Therefore, it should not be difficult to have on site student, as well as contracts with institutions elsewhere. The company would need to register as an educational institute as well with the proper authorities. In fact, I used to work for a small outsourcing company who also had a hagwon (with employees working at the hagwon, corporate classes, and other contracted institutes-don't know if it was legal though).

Ontheway:

If you are employed as a full time instructor with a company, any contracts with that company should fall under that umbrella. I know many instructors who both teach and recruit for corporate recruiting agencies that have contracts with companies and institutions (which sponsor them on an E7 visa-again don't know if it is legal though). The additional workplaces outside that umbrella, would need to follow immigration law (as you mentioned) with permission from the company (based on a previous contract which allows instructors to work elsewhere).

Not sure about the "you can only work for your sponsor and only at the sponsor's address which is your only legal workplace."
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gteacher



Joined: 24 May 2007
Location: Ghost in the machine

PostPosted: Thu Oct 09, 2008 2:17 pm    Post subject: Reply with quote

justin moffatt wrote:
Tommy:

Many outsourcing companies also have language institutes in house. Therefore, it should not be difficult to have on site student, as well as contracts with institutions elsewhere. The company would need to register as an educational institute as well with the proper authorities. In fact, I used to work for a small outsourcing company who also had a hagwon (with employees working at the hagwon, corporate classes, and other contracted institutes-don't know if it was legal though).

Ontheway:

If you are employed as a full time instructor with a company, any contracts with that company should fall under that umbrella. I know many instructors who both teach and recruit for corporate recruiting agencies that have contracts with companies and institutions (which sponsor them on an E7 visa-again don't know if it is legal though). The additional workplaces outside that umbrella, would need to follow immigration law (as you mentioned) with permission from the company (based on a previous contract which allows instructors to work elsewhere).

Not sure about the "you can only work for your sponsor and only at the sponsor's address which is your only legal workplace."


According to the law, you can only work within the building of the company that sponsers your visa. If your company is sending you off-site to teach, even if it's their contract, you are violating the law. If you get caught by Immi, you are the one that will get hit the hardest.

This also goes for the large chains. You can only legally work within the building of the location that sponsors your visa. If you work within any other of the chains buildings you are violating the law and ......
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Thu Oct 09, 2008 3:55 pm    Post subject: Reply with quote

I think one way around this is to hire only teachers who have F type visas.

I am not certain about this, but it has been my understanding for some time that F series visas allow a lot more freedom on the part of instructors.

The biggest setback for you though would be convincing said teachers to work for you, they can do all the privates they want and work where they want, when they want. Why would they need you?

So comes the crux of my post, the problem lies in the E2 visa regulations.
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Juregen



Joined: 30 May 2006

PostPosted: Thu Oct 09, 2008 4:34 pm    Post subject: Reply with quote

E2 Visa's are limited in space and time.

F2 Visa's are family Visa's and as such they don't really need the help. They can fend for themselves.

Recruiting agency's only exist because a lot of hagwons dread the efforts required to get a teacher into the country.

Your idea is good and sensible, but doesn't take into account the real issue at hand.

E2 visa's are owned by the schools, and limited in scope by the government. The essence of the E2 visa is severely limiting the freedoms of the individual. From my point of view, this is more a case of Human Rights rather then simple economic rights.
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broken76



Joined: 27 Jan 2008

PostPosted: Thu Oct 09, 2008 5:23 pm    Post subject: Reply with quote

Well the E-2 Visa is a work Visa just like work Visas in pretty much any other country in the world it is limited to a single company.
I do think that the F type Visas should be extended towards those individuals who have been in Korea for multiple years in order for experienced teachers to stay and work on their own terms instead of the terms of the schools.
For first timers though the E-2 Visa does make sense because schools are investing a lot of money to bring in teachers.
In other Asian markets the teachers themselves pay for the flight and housing so the schools don't have such a high financial risk giving more freedom to the teachers to choose. Before the change in Visa rules teachers did have a little more flexibility in choice but unfortunately the new Visa rules make it harder for first time teachers.
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justin moffatt



Joined: 29 Aug 2006

PostPosted: Fri Oct 10, 2008 5:02 am    Post subject: Reply with quote

The focus seems to be on obtaining an E2 Visa, which to my understanding, is a teaching visa with extreme limitations. However, many companies hire instructors on an E7 Visa (consulting visa) or D8 visa (investment visa), and have these employees do an assortment of tasks (from recruiting, to teaching, to mowing their lawns if need be). In fact, in the past (before my F2) I had processed an E7 Visa and worked for a BADLY run foreigner agency (instructing executives in their office). Perhaps the agency was engaging in illegal behavior. I don't know. However, over the years I have met COUNTLESS non-Koreans who have worked at prominent Korean agencies (e.g. YBM, Pagoda, WSI, etc.) on these visas. Are you telling me every one of these agencies are engaging in illegal behavior? Yikes . . .
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broken76



Joined: 27 Jan 2008

PostPosted: Fri Oct 10, 2008 5:26 am    Post subject: Reply with quote

Technically yes. The only Visas that are allowed to teach are E-2, F-2, F-4 and F-5s. Other Visas are for other purposes.
Now if they are secretly teaching in some corporate office it's probably not going to be a problem, but if they are going to different schools to teach and are caught it's pretty much an automatic deportation.
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cdninkorea



Joined: 27 Jan 2006
Location: Seoul

PostPosted: Fri Oct 10, 2008 5:27 am    Post subject: Reply with quote

justin moffatt wrote:
However, over the years I have met COUNTLESS non-Koreans who have worked at prominent Korean agencies (e.g. YBM, Pagoda, WSI, etc.) on these visas. Are you telling me every one of these agencies are engaging in illegal behavior? Yikes . . .

I don't know about every one of them, but WSI farms people out illegally; I know because I used to work for them. Basically, HQ in Samseong (near COEX) sets up lessons between teachers and business executives near one of their branches. Teachers go to their offices and get paid 60,000 won per hour (naturally, lots of teachers want to teach these classes).
I've never worked at Berlitz myself, but I've met someone who did, and they do the same thing too.

I don't think this kind of thing should be illegal, but it is. It'd be okay in my books if the teachers knew it was illegal, but many don't, figuring it's okay because it's arranged through their visa sponsor.
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