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another one bites the dust...

 
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hotsalsa



Joined: 17 Mar 2003

PostPosted: Sat Dec 13, 2003 6:21 pm    Post subject: another one bites the dust... Reply with quote

So it just happened to me too, my hagwon is closing as of next week. I've read lots of other postings about it but have a couple of more questions. Are the stipulations in my contract voided because they are closing? I will have completed six months of my contract on December 16- my contract states:

" in case of termination of the contract after 6 months by the Institute, the Institute has to give the return ticket to the Teacher as well as a severance payment equal to time worked (ie 7 months=58% of full severance payment)"...

In any other case I would count myself lucky just to get the salary they owe me, but the English section is part of a larger Korean subject hagwon and they are only closing the English part.

I am also leaving Korea for the last week of December- I had just paid for my ticket too-blah Confused . As a Canadian do I need a visitor's visa before re-entering Korea? From previous postings I gather I will have to return my alien card when I leave but can I just come back into the country?

Thanks!
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Sat Dec 13, 2003 10:47 pm    Post subject: Re: another one bites the dust... Reply with quote

Your hagwon is closing next week. Are you working past the 16th? If so, you should be entitled to your ticket and half of your severance. Whether or not they will pay is another story, but you should have legal recourse if they don't. Try to get in touch with EFL-Law and explain your case to them. They should be able to tell you what you can do, if anything.

As for coming back, you should get a letter of release from your hagwon, and they should contact immigration and tell them that you are being released from your contract. That should allow you to get a new visa for a new school. You said that you want to come back. If you are planning on getting a new job, I would suggest that you line up a new job this month before you leave. That way, you won't have to find one when you come back, and you won't have to go on a visa run after you come back. You can get your new visa for your next job while you are back in your home country.
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FUBAR



Joined: 21 Oct 2003
Location: The Y.C.

PostPosted: Sun Dec 14, 2003 4:04 pm    Post subject: Reply with quote

Quote:
Your hagwon is closing next week. Are you working past the 16th? If so, you should be entitled to your ticket and half of your severance


I don't think he/she should be entitled to half of their severence. Severence is paid upon completion of the contract, regardless of the circumstance. If the school is encountering financials problems, getting their wages paid and possibly the ticket should be the primary concern. But I don't see how the hogwon is under any obligation to pay severence.
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gajackson1



Joined: 27 Jan 2003
Location: Casa Chil, Sungai Besar, Sultanate of Brunei

PostPosted: Mon Dec 15, 2003 1:18 am    Post subject: Reply with quote

FUBAR, that would be a matter of if the OP is talking about the 'severance bonus' some schools give, or if it is in regard to the National Pension scheme - in which case, since the OP has (in theory) been paying into it, just like (again, in theory) the hakwon has.
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rapier



Joined: 16 Feb 2003

PostPosted: Mon Dec 15, 2003 2:48 am    Post subject: Reply with quote

Hotsalsa: i was in a similar situation last year. Fortunately they gave me the equivalent percentage of my severance, and my airfare.
if you want to come back to find a new job before the end date of your current E2, make sure your employer goes to immigration with you now to sign release forms and get you an exit order. This will enable you to find a new job no bother.
of course, if they don't want to co-operate on any of the above, the labor board is only a phone call away......
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wylde



Joined: 14 Apr 2003

PostPosted: Mon Dec 15, 2003 3:44 am    Post subject: Reply with quote

i was dismissed after 4 months earlier this year... i got full severance and references..

meeeerong

sorry

letter of release is most important for working again before your current e2 expires but you can re-enter anytime on a tourist visa, if your e2 has only single entry status you would have a problem coming back in anyway on anything but a tourist visa..

if the english part of the hogwan is under seperate ownership you will prolly get nothing but if it is owned by the same people, your contract should be valid.. i would take severance to mean as it does in every other contract ive seen.. the end of contract extra month bonus.. from what you have said i think you would fall into rapiers class.. ya should be entitled to what your contract says (provided you do work past the 16th and provided the english department is not owned by somebody else who is not bankrupt)

good luck
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Mon Dec 15, 2003 7:04 am    Post subject: Reply with quote

FUBAR wrote:
Quote:
Your hagwon is closing next week. Are you working past the 16th? If so, you should be entitled to your ticket and half of your severance


I don't think he/she should be entitled to half of their severence. Severence is paid upon completion of the contract, regardless of the circumstance. If the school is encountering financials problems, getting their wages paid and possibly the ticket should be the primary concern. But I don't see how the hogwon is under any obligation to pay severence.


The reason I said that is because the OP specifically said that the contract says that:

Quote:
in case of termination of the contract after 6 months by the Institute, the Institute has to give the return ticket to the Teacher as well as a severance payment equal to the time worked


I was just going by what the contract said. If that's what the contract said, and the OP will be working past the 16th (when 6 months is up), then according to the contract, half of the severance should indeed be paid.
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wylde



Joined: 14 Apr 2003

PostPosted: Mon Dec 15, 2003 8:09 am    Post subject: Reply with quote

unless the closing down area is owned by another
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hotsalsa



Joined: 17 Mar 2003

PostPosted: Tue Dec 16, 2003 6:53 am    Post subject: Reply with quote

Thanks for the replies, all very helpful. It's a husband and wife (strange...never seen that before...right!) The English portion is under the wife's name.

It's all so frustrating, she is never around. Her husband barely speaks English but managed to say they would pay me on Friday but exactly what they are going to pay I don't know. They are trying to set me up with another school. It seems really nice on the surface, but in this school I would have to work 24 extra hours a month for the same pay as I am getting now Shocked .

Arghh...this is no fun . Good luck to anyone else going through this!
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