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warszawa
Joined: 08 Feb 2009 Location: Ssangmun-dong Dobong-gu, Seoul
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Posted: Tue Sep 08, 2009 9:58 am Post subject: Recession Woes: Hagwon Closing |
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I just found out tonight that I will be out of a job come October 1st 2009. I'm getting laid off because my director can no longer afford to run our school. She has apparently agreed to sell the school to another group running both math and language studies, leaving me, on an E-2 VISA ineligible for employment there. This new time frame is much less than the 30 days notice provided by law. I've been here 8 months and was set on remaining until my 1 year contract ran out. Once she makes the transfer, my VISA will expire in 60 days, leaving me a month shy of the year contract. My director has verbally agreed to pay my severance and plane ticket using key money from my apartment. I have no reason to doubt her, but given this new revelation, granted, I'm a little suspicious.
I've read the labor law, particularly Articles 31-33, and this less than 30 days thing is illegal. I've done nothing wrong, my director just can't afford to keep the place open, and she and I are the only two teachers (dire straights...she told me tonight with tears in her eyes). Given that she's agreed to give me severance and plane ticket, would it be worth my while to lodge a complaint with the Labor Commission? I have a good relationship with her otherwise, I just don't want to get screwed anymore than I already am.
It's a recession, I understand. The small guys are freaking out, money's tight, and the cultural lack of long range business planning is biting us in the face. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Tue Sep 08, 2009 10:25 am Post subject: Re: Recession Woes: Hagwon Closing |
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warszawa wrote: |
I just found out tonight that I will be out of a job come October 1st 2009. I'm getting laid off because my director can no longer afford to run our school. She has apparently agreed to sell the school to another group running both math and language studies, leaving me, on an E-2 VISA ineligible for employment there. This new time frame is much less than the 30 days notice provided by law. I've been here 8 months and was set on remaining until my 1 year contract ran out. Once she makes the transfer, my VISA will expire in 60 days, leaving me a month shy of the year contract. My director has verbally agreed to pay my severance and plane ticket using key money from my apartment. I have no reason to doubt her, but given this new revelation, granted, I'm a little suspicious.
I've read the labor law, particularly Articles 31-33, and this less than 30 days thing is illegal. I've done nothing wrong, my director just can't afford to keep the place open, and she and I are the only two teachers (dire straights...she told me tonight with tears in her eyes). Given that she's agreed to give me severance and plane ticket, would it be worth my while to lodge a complaint with the Labor Commission? I have a good relationship with her otherwise, I just don't want to get screwed anymore than I already am.
It's a recession, I understand. The small guys are freaking out, money's tight, and the cultural lack of long range business planning is biting us in the face. |
You have been given 23 days notice. It will be hard for you to complain about not getting 30 days. So, maybe your boss owes you an extra 7 days, but she doesn't have to pay your airfare or severance at all. Your boss sounds quite generous under the circumstances. You should be grateful. So, you might be able to demand 7 days pay, but you would be giving up one month's severance and a return ticket to get it. Surely, if you demand this extra money and go to the labor board to get it, your boss will withdraw her voluntary offer of paying you. Even the labor board might wonder what is wrong with you and rule against you for being greedy.
As far as your visa, it will expire shortly after your employment ends. You will need to go to Immigration to make sure that you have two weeks or 30 days. You will be able to transfer to a new job if you wish, without a visa run. You will not have 60 days on your old visa with no job. |
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Scamps

Joined: 01 Feb 2008
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Posted: Tue Sep 08, 2009 11:08 am Post subject: |
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I wouldn't make a fuss with the labor board either. So she wasn't perfect in giving you the exact 30 days notice but she seems to be doing her best to make everything right with you under the circumstances. She was probably trying to do everything in her power not to have to sell her school. It can't be easy for her either. You'll be fine. If you don't get the money you worked for then that's another issue but it would be petty to go to the labor board to complain that 30 days notice wasn't given. You still have a fair amount of time and hagwon jobs are plentiful. |
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bassexpander
Joined: 13 Sep 2007 Location: Someplace you'd rather be.
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Posted: Tue Sep 08, 2009 4:07 pm Post subject: |
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It sounds like they're trying hard to be good to you.
Start hunting for a new job, and keep this one happy for a good reference later. |
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Bondrock

Joined: 08 Oct 2006 Location: ^_^
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Posted: Tue Sep 08, 2009 4:40 pm Post subject: |
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There is no case here.
in terms of money the OP is already getting more than required by law.
labor looks at all money, not the whats and wheres unless it is an overtime dispute or some such, and if there is a deficit.
the OP has no deficit: no case.
bottom line: the lady is being very generous. |
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warszawa
Joined: 08 Feb 2009 Location: Ssangmun-dong Dobong-gu, Seoul
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Posted: Tue Sep 08, 2009 7:28 pm Post subject: |
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You guys are right and my director is a generous woman. I guess I'm kind of upset at the circumstances, being forced to leave my students and a job I love before I am ready to do so.
Good information about the length of time I have post lay-off. I bought a ticket home for Oct. 30th.
I can't believe this is already coming to an end. |
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marlow
Joined: 06 Feb 2005
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Posted: Tue Sep 08, 2009 9:09 pm Post subject: |
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The above guys sound right, but don't feel bad about questioning this. There are all sorts of ways to make someone being cheated appear to be getting a good deal. |
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OculisOrbis

Joined: 17 Jul 2006
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Posted: Tue Sep 08, 2009 11:25 pm Post subject: |
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Just because she agreed to pay your airfare and severance doesn't mean she's going to........after an informative meeting of the hagwon association, she may discover she doesn't have to and then changes her mind.
I'm not saying she isn't sincere in her voiced intentions, but my advice is 'Hope for the best and prepare for the worst.' Figure out out what you're going to do if she stiffs you and hope you never have to implement your plan. |
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warszawa
Joined: 08 Feb 2009 Location: Ssangmun-dong Dobong-gu, Seoul
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Posted: Wed Sep 09, 2009 9:59 am Post subject: |
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She's generally a really sincere person, but of course, I'm being a boy scout about this. |
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