Korean Job Discussion Forums

[moldenke]

I started a hagwon job towards the end of April and got paid for that month no problem (you can see where this is going...).

But come the first full paycheck (for May), they delayed ("We have a financial crisis.").

A payment plan was drafted (with a signature and stamp and everything) that gave the delayed pay in weekly chunks. The first installment came alright. Now the second chunk (to be delivered today) was less than one third of the stated amount. They now promise the rest of May's pay on next Thursday (obviously not happening).

I'm trying to figure out what exactly to do. I've learned the school has a history of this kind of crap (they don't pay teachers; they're bankrupt but refuse to shut down it seems), and I've read up on my options a bit.

I pretty much know for sure I'll need the Labor Board before I see any money, but since my main concern is getting the hell out of there and into a new job, I need a letter of release. I continue to work because if I don't show up, everything there will crumble and I have a desire to show a little dignity (I mean I don't want it to appear that I'm the one breaking the contract here, as soul-crushing as going to work as been).

But I have a very strong feeling they're not going to give me the release (at this point it seems a given, sounds like it happened to the previous teachers). I've heard that if they refuse and I take my situation to Labor, they can in conjunction with Immigration release me. Of course I can only imagine how long that would take - while I merely want to move on with my life and get another job.

Any advice? Specifically, about getting free from a contract if refused a release and how long it takes. Or anything else relevant. Thanks.

[seaottertail]

Find out if you were hired as an "employee" or "independent contractor" - regardless of the terminology your employer used in the contract. Smaller hogwans sometimes hire their teachers as independent contractors. Chains won't.

If you were hired as an "employee", the "employer" would be doing everything by the book - paying your health insurance premiums, deducting your pension contribution and enrolling you (and paying their contribution). Not to mention paying you on time (unless there is a serious problem).

If he isn't doing that, he could have hired teachers as "independent contractors" instead (even if he uses the term "employee" in the contract). In that case, you can easily get out of your contract by asking for a letter of release. It's harder to get out, as I understand, as an "employee".

If you suspect he has hired you as an independent contractor, you are less legally bound by the contract. You can come and go as you please a lot more easily. The letter of release is a formality. If you can find this out and he gives you a hard time, you can let him know you are under the understanding that you are an independent contractor, then just wait for his response.

Why don't you just ask for the letter and see what happens and go from there? Try to say it in a way where it doesn't make him or his hogwan look bad (save face), and you'll have better results. Also make him think and feel he'll be helping you by releasing you, even if you lie a little (make up a story), and he may more readily do it because it will make him look like a good guy by helping you.

Common sense tells me, get out while you can. I don't have any specifics you are looking for, but the sooner you can get out, the better of you'll be, regardless of how long it takes or doesn't take!

[TheUrbanMyth]

To the OP.


The above advice about independent contractor is valid ONLY if you are NOT on an E-2 visa.

On an E-2 visa it is ILLEGAL to register you as an independent contractor (E-2 visas must be sponsored...long term anyway) so it doesn't matter what he has you registered as.

You must be registered as an "employee" in that case.