Korean Job Discussion Forums

[CoolBoss]

Right now, I legally work two different jobs on an E2 visa. The primary job--the one responsible for my visa ownership--is going fine, but the other one is potentially going in a direction that I'm concerned about.

(Understand that I'm withholding names and simplifying things a bit for protection's sake)

This hagwon, which I work at three days a week, is merging with another hagwon for various reasons that are mostly not being told to me. From what I gather, it's money issues on the other hagwon's end and friendship/loyalty on my hagwon's end.

Now the current state of things is great; I'm the only native teacher there, the owner trusts me entirely, and the kids are a notch or two above the norm. The school we're merging with though has a bad reputation; they give their teachers little freedom (i.e. must remain in the office during breaks, must do needless lesson plans for textbooks they've near-memorized each day, etc.), they have a high turn-over rate, and so on. I've tried to talk with my boss about my apprehension, but he's doing all he can to ignore me by saying that I won't be under the management of that school and that he will be signing my paychecks. Of course, I don't buy this.

There's also the matter of whether or not switching to a different location and possibly ownership will affect the legality of this position. Again, even though this isn't my main job, I have all of the required documentation, stamps, etc., but at what point does Immigration view this as an entirely different position, thus making it illegal? There have been several hagwons inspected in this area over the past few months and I'm not willing to deal with any problems on that end.

So my three questions:

1) As an E2 visa holder whose visa is technically owned by a different school, what rights do I have to get out of there? I am contracted with this hagwon, but certain conditions on its end are changing, so does that mean I can back out?

2) Would it be considered a violation of my visa if I started working at this separate location, given the fact that the entire school is switching over there?

3) In the case that it's not legal, my boss is probably going to ask me to head down to immigration to make it so. If I refuse (because I'm not willing to go from an A+ part-time to an F part-time), does he have any possible recourse?

Thanks to anyone who can help me out here...

[CoolBoss]

So I'm supposing nobody has an answer? Or maybe the EPIK nonsense has overwhelmed my considerably smaller issue?

Anyways, I hate bumping a topic, but I swear this will be the only time.

[howie2424]

I�ll take a stab at it. It�s a somewhat confusing situation but it looks to me as if Job A is your primary job, your visa is sponsored at this location and this job is going well. You also have immigration�s approval to work at a second location, Job B, which, if I understand you correctly, is merging with another school and will change locations. Your post is unclear (probably because they haven�t told you) but with respect to Job B, you will be working for new owners.

My take on it is this. You got approval from immigration to work at Job B under a contact with company X at location Y. There is no doubt that immigration�s permission in this respect is both company and location specific. Once ownership changes and the location changes, my view is that the original permission to work the second job is null and void, as is your contract for Job B.

In order to make it legal you would have to sign another contract and file once again at immigration for permission to add the new second job to your original visa. Since you are not interested in doing this I think from a strict legal standpoint you are perfectly entitled to say �I don�t want to work for the new owners and will not sign on with them�. After all, you are fulfilling all your obligations under your E2 visa and your original contract for Job A and your contract for Job B is finished because the company you contracted with is gone and the location has changed. That�s not to say that from a practical standpoint your boss won�t moan and complain and make your life difficult, but if you don�t want to move over to the new school, I�d just tell him,� it�s illegal, I won�t do it and I won�t sign on with the new owners.�

Now that�s just a layman�s take on it. For a definitive answer you�d need to contact immigration and see what they say. That�s certainly something I�d consider doing if I were in your shoes. Good luck.

[kprrok]

Here's an idea about how to handle the immigration issues...CALL IMMIGRATION AND ASK THEM!!!!!

[cruisemonkey]

Good idea kprrok!

Plus, I would suggest the OP get the questions translated into English before calling K-Immi.

[CoolBoss]

Howie:

Thanks for the advice. That's pretty much the same thing I've been thinking, but I'm only concerned that the contract would still be binding in some way.

Kprrok:

I've called immigration two times already. Maybe they're a little more responsive in your part of the country, but I'm in Pusan and they've been no help. I figured I'd bring the topic up here before I have a day off to go down and visit them.

Cruisemonkey:

It's a convoluted situation and all... sorry to put your reading comprehension skills to work.

[blonde researcher]

Your visa is sponsored by a person - not the name of a school. Usually this 'person' is the owner of the school however;
In your situation if your good first sponsor is changing your second job workplace, this change does have to offically be paperworked on to your ARC by immigration.

This can only be done with your agreeing and signing new forms for immigration and getting this put on your ARC.

How much fuss you make will depend on how far into your contract you are now., as your severance pay out will be paid by the first employer you have been sponsored by. Any new additional workplace second employer does not have to take on your existing contract conditions - nor help pay any of your severance from another employer.

You say your employer number 1 is paying all your salary. perhaps it would not be a good idea to upset this employer too much unless you want to risk being fired . This boss obviously needs the second location to cover his costs and your salary.

[Ut videam]

[sojusucks]

In order to have a second job, it MUST be approved by your primary employer.

If you are apprehensive, then cite that the ownership change VIOLATES your E-2 visa regulations (i.e. immigration law) UNLESS you change the school(s) listed on your visa as a means for leaving the school. Even if you don't leave your second job, still have the business added so that you do things legally.

[maingman]

http://www.koreapot.com/bbs.php?ctg=4

besst of luck there !

[howie2424]

CoolBoss said

[Ruraljuror]

Myrix...

Peace and love, peace and love.

[CoolBoss]

Rural:

I want to tell you... Please... after the 20th of October do not send fan mail to any address...

Other people:

Thanks for the advice... I put in my 30 days notice with the second hagwon and will be teaching all classes at its former location in order to avoid trouble with the authorities. My boss raised a bit of a fuss and tried to talk me out of it, but to no avail; re-iterating several times over that it was against the law for me to work at the new location was all it took for him to accept it. He never brought up anything regarding my contract with his school, maybe because he knew he had no case or more likely because I've worked with him for over two years without conflict.

[howie2424]

glad it worked out for you.