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Forever

Joined: 12 Nov 2009
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Posted: Fri Dec 04, 2009 2:45 am Post subject: Are SMOE teachers working illegally ? |
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I have a couple of friends who are SMOE teachers - employed and working in their respective Public school in Seoul.
Twice a year - they must go to a nearby school (in Summer and Winter vacation) and teach a 2-week camp - usually with other SMOE foreign teachers from nearby schools.
However, they are not given the "additional visa" required from Immigration to teach at another school besides their own school.
Therefore, twice a year, are the SMOE teachers working illegally by doing the 2-week camp at a different school other than the school for which they hold a visa?
Who is more powerful SMOE or Immigration? how can SMOE force their foreign teachers to do something that breaks Immigration laws? |
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vaticanhotline
Joined: 18 Jun 2009 Location: in the most decent sometimes sun
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Posted: Fri Dec 04, 2009 3:28 am Post subject: |
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No offence, but that's a ridiculous question. If your friends think the same as you do, they must have not have read their contracts. To be brief, the contract states that you can be "asked" to work anywhere should the school so wish. |
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Forever

Joined: 12 Nov 2009
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Posted: Fri Dec 04, 2009 3:37 am Post subject: |
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strange
my friends said they had NO choice.
However, they did state they received a bonus of about 400,000won for doing the 2-week camp.
They also stated that SMOE usually insists they do it - and never provides an "additional visa"
not such a silly question after all. |
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I'm no Picasso
Joined: 28 Oct 2008
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Posted: Fri Dec 04, 2009 4:08 am Post subject: |
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It is a silly question. As the poster above just stated, it's covered in the contract. They are not working for another organization -- they are working for their school. Just not at their school. They do not need another visa. They're also lucky they get paid extra for doing it, so long as it isn't over their contracted working hours. This winter I will have to travel to another school to teach teachers for three days with no extra pay. These things are par for the course with public schools. Your friends should have figured this out by now. |
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ED209
Joined: 17 Oct 2006
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Posted: Fri Dec 04, 2009 4:20 am Post subject: |
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SMOE, EPIK and GEPIK are different to your average hagwon job. You are allowed to work at any public school under your POE. This is already agreed with immigration. 'Asked' doesn't mean a choice it can be pretty much treated as 'told to'. |
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Old Gil

Joined: 26 Sep 2009 Location: Got out! olleh!
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Posted: Fri Dec 04, 2009 9:32 am Post subject: |
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It is ILLEGAL according to immigration. I put my SMOE AS program on my resume and Immi flagged me for it. TECHNICALLY they can get you for it, but they eventually dropped it. This is a country where the left hand is only vaguely aware of the existence of the right, to say nothing of washing habits. |
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Forever

Joined: 12 Nov 2009
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Posted: Fri Dec 04, 2009 2:13 pm Post subject: |
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Old Gil wrote: |
It is ILLEGAL according to immigration. |
Therefore SMOE teachers are working ILLEGALLY during the year at these school camps.
It really doesn't matter if its in the contract or not - SMOE is having the teachers work illegally by not providing an "additional visa". |
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Draz

Joined: 27 Jun 2007 Location: Land of Morning Clam
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Posted: Fri Dec 04, 2009 2:45 pm Post subject: |
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I'm no Picasso wrote: |
It is a silly question. As the poster above just stated, it's covered in the contract. They are not working for another organization -- they are working for their school. Just not at their school. |
Immigration says you work at a specific location not (only) for a certain company or person. It doesn't matter what the contract says. I thought public schools got a pass for being public schools, I'm surprised that this is apparently not the case. Maybe I should take my PS camp off my resume. I don't really need it for padding any more anyway. |
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jdog2050

Joined: 17 Dec 2006
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Posted: Fri Dec 04, 2009 10:42 pm Post subject: |
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Draz wrote: |
I'm no Picasso wrote: |
It is a silly question. As the poster above just stated, it's covered in the contract. They are not working for another organization -- they are working for their school. Just not at their school. |
Immigration says you work at a specific location not (only) for a certain company or person. It doesn't matter what the contract says. I thought public schools got a pass for being public schools, I'm surprised that this is apparently not the case. Maybe I should take my PS camp off my resume. I don't really need it for padding any more anyway. |
It's illegal; you simply cannot work at another *location* without first making some change to your sojourn status. Thing is, Immi gives SMOE a LOT of leeway--they process SMOE applications super fast and overlook minor visa transgressions more than they would for a hagwon. |
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Old Gil

Joined: 26 Sep 2009 Location: Got out! olleh!
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Posted: Fri Dec 04, 2009 11:14 pm Post subject: |
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Forever wrote: |
Old Gil wrote: |
It is ILLEGAL according to immigration. |
Therefore SMOE teachers are working ILLEGALLY during the year at these school camps.
It really doesn't matter if its in the contract or not - SMOE is having the teachers work illegally by not providing an "additional visa". |
Yes, technically this is the case, SPARKLING. If Immi wants to be a dick about it they can get you for it, assuming you don't roll over your ARC. Just leave it off the resume. |
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schwa
Joined: 18 Jan 2003 Location: Yap
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Posted: Fri Dec 04, 2009 11:57 pm Post subject: |
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For years it was assumed in my province that the contract covered extra teaching venues within EPIK for Immigration purposes. I think the POE got called on it this year though. Immi here now requires a list of all our teaching places for their records (though not noted on our ARCs). |
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outkast_3000
Joined: 20 Nov 2009
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Posted: Sat Dec 05, 2009 12:29 am Post subject: |
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You just need the requisite paperwork from your school principal, bring it to the immigration office and also fill out a form to "add an additional workplace"...they'll write something on the back of your ARC to show that it's been legitimized. So, it's illegal to do it without the immigration office knowing, but once you've jumped through the necessary bureaucratic hoops (which can be a pain in the butt), you're good. I'm not with SMOE, I'm with GEPIK, and I got permission from my principal to add a part-time gig at a unigwon, and it was pretty straightforward if not just a total waste of time, as the immigration office was pretty far for me. With all that being said, I think SMOE schools don't bother asking their teachers to do this since it's only for a couple of weeks work. It's not something consistent for the long-term. If you found another after school program/camp that ran the duration of the year, or term, they'd probably give you the necessary documentation to run it by immigration. In any case, immigration pretty much does what you need them to do if you've got the proper documents from the proper authorities (which can be tough to procure). |
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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Sat Dec 05, 2009 12:43 am Post subject: |
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The OP has a legitimate concern. I refused to teach this summer because students from other schools were coming. I was playing the same card, and the vice-principal tried to convince me for an hour it was ok to teach other students from other schools.
Eventually, he called up immigration in Suwon and their position was that as long as I didn't leave the school, it was ok.
I have had also different kinds of stickers put in my visa to indicate exactly where I teach. I would refuse to teach until immigration puts a sticker showing any additional working place.
If immigration comes to where you're teaching and your ARC card and passport doesn't reflect it, who gets in trouble? The school or you? |
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Murakano
Joined: 10 Sep 2009
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Posted: Sat Dec 05, 2009 12:48 am Post subject: |
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jdog2050 wrote: |
Draz wrote: |
I'm no Picasso wrote: |
It is a silly question. As the poster above just stated, it's covered in the contract. They are not working for another organization -- they are working for their school. Just not at their school. |
Immigration says you work at a specific location not (only) for a certain company or person. It doesn't matter what the contract says. I thought public schools got a pass for being public schools, I'm surprised that this is apparently not the case. Maybe I should take my PS camp off my resume. I don't really need it for padding any more anyway. |
It's illegal; you simply cannot work at another *location* without first making some change to your sojourn status. Thing is, Immi gives SMOE a LOT of leeway--they process SMOE applications super fast and overlook minor visa transgressions more than they would for a hagwon. |
does it apply if you`re F2/F4/F5? or do you still need permission? |
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Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
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Posted: Sat Dec 05, 2009 1:52 am Post subject: |
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jdog2050 wrote: |
Draz wrote: |
I'm no Picasso wrote: |
It is a silly question. As the poster above just stated, it's covered in the contract. They are not working for another organization -- they are working for their school. Just not at their school. |
Immigration says you work at a specific location not (only) for a certain company or person. It doesn't matter what the contract says. I thought public schools got a pass for being public schools, I'm surprised that this is apparently not the case. Maybe I should take my PS camp off my resume. I don't really need it for padding any more anyway. |
It's illegal; you simply cannot work at another *location* without first making some change to your sojourn status. Thing is, Immi gives SMOE a LOT of leeway--they process SMOE applications super fast and overlook minor visa transgressions more than they would for a hagwon. |
No, not quite. SMOE is not given special privilege, nor is anything overlooked. SMOE, EPIK, and GEPIK are treated differently than if you work for a school/uni not part of those three programs.
You contract is with SMOE, not the school you are assigned. As long as SMOE sends you to another school that is under their purview, then that's okay. After school programs are included in this provision, especially since they are also usually at your primary location.
This is the same with EPIK and GEPIK contracts. You work for SMOE, EPIK and GEPIK, and not the specific school. There is no need to get special permission from Immigration as long as you are still working at a SMOE, EPIK or GEPIK school, respectively. Of course, if your second job is at a school that is not under the SMOE (or EPIK/GEPIK) umbrella, well, yes, THEN you need permission from Immigration. (eg, a unigwon, hagwon down the street, summer camp outside the province)
I don't know why the person above got "nabbed" by Immigration for the after school program. He shouldn't have. |
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