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Teacher strike, school closing, no pay
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Phoenix



Joined: 03 Jun 2003

PostPosted: Mon Feb 02, 2004 8:43 pm    Post subject: Teacher strike, school closing, no pay Reply with quote

Where to begin..

Basically I started working at this new late last year, and everything was great - I am the only foreign teacher, 8 Korean teachers (it's a maths and English academy) and a really good director. The school itself is part of a big group of schools in 1 area and they're all owned by 1 businessman who had irons in many different fires.
Anyway, the old overall owner sold the school recently to a new guy (let's call him Mr X for reference here), and soon after that the director of the school I was at left. His replacement was fine and I didn't forsee any problems.

It turns out however that Mr X has not released funds to pay the teachers at the other branches of this school in the area, and he will not release the funds to pay everyone at our school (pay day is Thursday). His reasoning is that he needs all the money to pay off debts related to the old overall owner - basically the money is there, he's refusing to pay it.

Last night the Korean teachers had a showdown meeting with Mr X when he said no-one would be paid and that he would shut down the school almost immediately, so the teachers are going on strike as of today - the students have been told not to attend and we're here now discussing legal action.

I'd be interested to know what recourse I will have. Mr X has effectively closed the school 3 days short of pay-day, so I have no place of work. He has the funds available and isn't claiming bankruptcy to avoid paying - he is simply refusing to pay, wanting to put the money to a different use.
Can I go to the Labor Board over this? Is it worth getting legal advice on what to do? I would think that because he is refusing to pay even though he has the funds then something should be able to be done about it.

Any suggestions/help would be much appreciated!

(as for visa status, I have an F2 visa so I have no problems remaining in the country to chase anything up)

P.S. I've already got in contact with EFL-Law, I wondered if anyone on here had similar experiences or any advice.
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Ilsanman



Joined: 15 Aug 2003
Location: Bucheon, Korea

PostPosted: Mon Feb 02, 2004 9:39 pm    Post subject: yes Reply with quote

Of course you are sitting on solid legal ground. Do you need to ask? He has money, and is totally breaking the contract. The most fundamental part of his end of the agreement.

Don't come to work. That will either cause you to get your money or lose your job. If you don't strike, it won't matter much, and the korean teachers will feel betrayed by you. Also, english alone can not support this hagwon.

Anyways, you don't want to work for this guy, do you?
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Butterfly



Joined: 02 Mar 2003
Location: Kuwait

PostPosted: Tue Feb 03, 2004 12:44 am    Post subject: Re: yes Reply with quote

Ilsanman wrote:

Don't come to work. That will either cause you to get your money or lose your job. If you don't strike, it won't matter much, and the korean teachers will feel betrayed by you.


Damn right. Don't cross that line. You're on F2 as well, so you'll be fine.
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rapier



Joined: 16 Feb 2003

PostPosted: Tue Feb 03, 2004 2:15 am    Post subject: Reply with quote

Stop work immediately and get onto the labor board pronto!!
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shawner88



Joined: 01 Feb 2003

PostPosted: Tue Feb 03, 2004 3:38 am    Post subject: Reply with quote

Wow, that really stinks. I'm sitting here trying to think of advice, but I'm not coming up with anything. Fighting for your money sounds like a nightmare in this country, but not impossible. You have an E-2 visa and will be in a predicament if you quit. You have to decide whether to stick it out and try o get the cash, or cutting your losses ASAP, leaving and coming back with a fresh tourist visa and work under the table until you old E-2 expires. During that time you can work on fighting for your money. Either way, you better decide quickly if your low on cash.



Perhaps Mr. X will give you a release letter instead of paying you?



By the way, this is why I always demand payment to be given 2xs a month or even weekly (my last school paid me 500k every Friday for a year) before I sign a contract. Most people never ask, but most times they will agree to get you to sign. Waiting one month is too risky, if you ask me...and this is a perfect reason why.
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Phoenix



Joined: 03 Jun 2003

PostPosted: Wed Feb 04, 2004 8:11 pm    Post subject: Reply with quote

Thanks all for the replies - pay day is today, and the director still says "no".
I've got all the information I need now to go to the Labor Board, which I will do sometime next week.
shawner88, I have the F2 visa so it's going to be a lot easier for me to stick this whole thing out. I'm not going anywhere in a hurry so it's an advantage over people who are in this position only on an E2. I guess I'm lucky in that regard.
I'll try to keep everyone updated with what happens!
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shawner88



Joined: 01 Feb 2003

PostPosted: Wed Feb 04, 2004 8:46 pm    Post subject: Reply with quote

Thanks, good luck. Let us know!
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ffl007



Joined: 01 Nov 2003

PostPosted: Wed Feb 04, 2004 11:07 pm    Post subject: Reply with quote

How about a baseball bat or any other long solid object and then confront the guy. Yes, it does sound primitive but, then again Korea does have it's throw back ways and customs. Adapt.
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Phoenix



Joined: 03 Jun 2003

PostPosted: Thu Feb 05, 2004 8:32 pm    Post subject: Reply with quote

A further twist to this story...

it seems that the threat of me going to the Labor Board has worked, as my full pay was transferred to my bank account this morning. However, the boss has only paid me and not the Korean teachers.
I think now that he has fulfilled his side of the contractural obligation then I should fulfill mine in the sense of giving 30 days notice before leaving. Hopefully I won't have any problems getting the final month pay.
The only thing now is I'm worried it will create a bad atmosphere with the Korean teachers. I should support them in their standoff against the boss but now I am not being wronged - i would be breaking my contract if I did anything, yet if there's no Korean teachers at the school then I have no school to go to!

Anyway if anyone's interested then I'll keep you updated with what happens from here on..

(p.s. a baseball bat does sound like a good idea! Evil or Very Mad )
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shawner88



Joined: 01 Feb 2003

PostPosted: Thu Feb 05, 2004 10:21 pm    Post subject: Reply with quote

Youre foolish to stick it out at this point. Take the cash and run. Why go through 30 days of uncertainty, worry, etc...
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Phoenix



Joined: 03 Jun 2003

PostPosted: Fri Feb 06, 2004 3:17 am    Post subject: Reply with quote

shawner88 wrote:
Youre foolish to stick it out at this point. Take the cash and run. Why go through 30 days of uncertainty, worry, etc...


I thought that, but then it would make me as bad as the owner.
I could just not turn up on Monday, but then I am in breach of my contract. The owner could pull legal action I guess (especially as I'm not goign to be leaving the country).
I found out that the money was remitted very late last night, so I didn't find out until this morning. However from the owner's point of view, I was paid on payday (despite everything that had been said and gone on before). In that sense he's fulfilled his end of the contract, and the tables would be turned if I didn't fulfill mine.
30 days of games with the kids - if he doesn't pay me for this coming month then I go to the Labor Board at that time.

But I'm not sure what's best. I'll be chopping and changing my mind all weekend no doubt!
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Derrek



Joined: 15 Jan 2003

PostPosted: Sat Feb 07, 2004 6:55 am    Post subject: Reply with quote

Ask for him to pay you week-by-week.

It's a fun way to really piss off a Korean boss you hate!
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rapier



Joined: 16 Feb 2003

PostPosted: Sun Feb 08, 2004 3:19 am    Post subject: Reply with quote

I feel sorry for the korean co-workers. No wonder they hate us: we get paid more than them, work less hours, are the first to be paid in any scenarios like this one mentioned, and so on. Its not our fault though of course, they should direct their hatred at their own Korean bosses, not waeguks...
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Sun Feb 08, 2004 6:13 am    Post subject: Reply with quote

Good luck. Mark the day on the calander and start the count down!

Cheers dude
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Butterfly



Joined: 02 Mar 2003
Location: Kuwait

PostPosted: Sun Feb 08, 2004 10:40 pm    Post subject: Reply with quote

Phoenix wrote:



30 days of games with the kids - if he doesn't pay me for this coming month then I go to the Labor Board at that time.



And the others still haven't been paid. I think he's paying you because you're crucial to the business as the native speaker teacher, not because he's scared of the labor board, the others still haven't been paid right? They can all go to the labor board too.

I think you could be very influential here in getting them their money.

You're breaking a strike.
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