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hired under false pretense

 
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questions



Joined: 07 May 2010
Location: korea

PostPosted: Fri May 14, 2010 5:14 pm    Post subject: hired under false pretense Reply with quote

does it matter that I was told many different on the phone and now 4 months in things have been almost completely changed? The dude is not breaking the 'contract' of course. Just lies to my face and many other things. Is there anyway to get out of a contract if your contract is not technically being broken? I have read some of the horror stories here and I am close to some of them. I am sure if I ask for a LOR he either would not give it to me (if that is legal) or talk bad about me. Also he has given me 2 'warnings' but nothing in writing. When I ask what for he did not tell me, he told me to call my recruiter if I wanted to know his complaints! Do not know the Korean phone number of recruiter so I emailed my recruiter and they have not responded in 4 days. I blame myself for some of this but, it seems to be out of control a bit. There is more, thank you for any help.
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Seoul'n'Corea



Joined: 06 Nov 2008

PostPosted: Fri May 14, 2010 5:35 pm    Post subject: We are missing something here Reply with quote

Can u share the full story with us?
What did the school warn u about? Working conditions change
and that is normal.
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VFRinterceptor



Joined: 22 Jun 2009

PostPosted: Fri May 14, 2010 9:28 pm    Post subject: Reply with quote

Welcome to Korea.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri May 14, 2010 9:35 pm    Post subject: Re: hired under false pretense Reply with quote

questions wrote:
does it matter that I was told many different on the phone and now 4 months in things have been almost completely changed? The dude is not breaking the 'contract' of course. Just lies to my face and many other things. Is there anyway to get out of a contract if your contract is not technically being broken? I have read some of the horror stories here and I am close to some of them. I am sure if I ask for a LOR he either would not give it to me (if that is legal) or talk bad about me. Also he has given me 2 'warnings' but nothing in writing. When I ask what for he did not tell me, he told me to call my recruiter if I wanted to know his complaints! Do not know the Korean phone number of recruiter so I emailed my recruiter and they have not responded in 4 days. I blame myself for some of this but, it seems to be out of control a bit. There is more, thank you for any help.


Sounds like your typical hakwon position.

GET a NEW set of documents ready and quit when it is convenient to you (as in: you have new documents ready for a new visa application and you have a job ready to go to)

Your employer is NOT required to give you a LOR; making a new visa and visa run a necessity. He is not required to give you a letter of reference however he is required by law to provide a certificate of employment:
============
Article 39 (Certificate of Employment)
(1)If a worker makes a request to issue a certificate
specifying term of employment, job specification, title and
wages or other necessary information even after the
retirement of the worker, the employer shall immediately
prepare and issue the factually correct certificate.
(2)The certificate referred to in paragraph (1) shall only
contain the items that the worker concerned has requested.

=============

Blacklists are ILLEGAL
Article 40 (Prohibition of Interference with Employment)
No one shall prepare and use secret signs or lists, or
have communication for the purpose of interfering with
employment of a worke
r.

http://www.molab.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards

.
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charger



Joined: 24 Oct 2008

PostPosted: Fri May 14, 2010 11:03 pm    Post subject: Re: hired under false pretense Reply with quote

ttompatz wrote:
questions wrote:
does it matter that I was told many different on the phone and now 4 months in things have been almost completely changed? The dude is not breaking the 'contract' of course. Just lies to my face and many other things. Is there anyway to get out of a contract if your contract is not technically being broken? I have read some of the horror stories here and I am close to some of them. I am sure if I ask for a LOR he either would not give it to me (if that is legal) or talk bad about me. Also he has given me 2 'warnings' but nothing in writing. When I ask what for he did not tell me, he told me to call my recruiter if I wanted to know his complaints! Do not know the Korean phone number of recruiter so I emailed my recruiter and they have not responded in 4 days. I blame myself for some of this but, it seems to be out of control a bit. There is more, thank you for any help.


Sounds like your typical hakwon position.

GET a NEW set of documents ready and quit when it is convenient to you (as in: you have new documents ready for a new visa application and you have a job ready to go to)

Your employer is NOT required to give you a LOR; making a new visa and visa run a necessity. He is not required to give you a letter of reference however he is required by law to provide a certificate of employment:
============
Article 39 (Certificate of Employment)
(1)If a worker makes a request to issue a certificate
specifying term of employment, job specification, title and
wages or other necessary information even after the
retirement of the worker, the employer shall immediately
prepare and issue the factually correct certificate.
(2)The certificate referred to in paragraph (1) shall only
contain the items that the worker concerned has requested.

=============

Blacklists are ILLEGAL
Article 40 (Prohibition of Interference with Employment)
No one shall prepare and use secret signs or lists, or
have communication for the purpose of interfering with
employment of a worke
r.

http://www.molab.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards

.


What documents need to be prepared? Criminal background check? Degree copy? I'm not in this situation my self, I'm not even in Korea yet, but I like to have a plan b prepared right from the outset.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat May 15, 2010 12:53 am    Post subject: Re: hired under false pretense Reply with quote

charger wrote:

What documents need to be prepared? Criminal background check? Degree copy? I'm not in this situation my self, I'm not even in Korea yet, but I like to have a plan b prepared right from the outset.


All the same documents you need for the initial visa application.

Yes, CBC with apostille, degree copy with apostille (or the original degree), sealed transcripts.

.
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questions



Joined: 07 May 2010
Location: korea

PostPosted: Sat May 15, 2010 1:56 am    Post subject: Reply with quote

how do I get a new criminal history record while in Korea? I have my degree , and can get my transcripts sent. Thank you.
- worked unknowingly illegally for 2 months (could have been deported) was told it was okay, by my recruiter and director. he still took the taxes out of my pay!
-signed the contract with the thought I would have another foreigner and be the speaking teacher (TOEFL). now I am the only foreigner and teaching 6 writing classes.
there is two of the 'more'. most is just bald faced lies like most hogwan dillwads.
even Koreans that are in the group I hang with laugh at me when they find out where I work.
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Summer Wine



Joined: 20 Mar 2005
Location: Next to a River

PostPosted: Sat May 15, 2010 2:16 am    Post subject: Reply with quote

Quote:
worked unknowingly illegally for 2 months (could have been deported) was told it was okay, by my recruiter and director. he still took the taxes out of my pay!


Did he pay them?

I worked for 5 yrs for hagwons, saw my pension deducted every month.

It was never paid to the pension office.

You can still get done for taxes they took from you if you cant prove they took them, like you kept all your payslips.
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Sody



Joined: 14 May 2006

PostPosted: Sun May 16, 2010 1:57 pm    Post subject: Re: hired under false pretense Reply with quote

charger wrote:

What documents need to be prepared? Criminal background check? Degree copy? I'm not in this situation my self, I'm not even in Korea yet, but I like to have a plan b prepared right from the outset.


Oh this is what I love to see on this forum!! Smile Smart poster! It is scary how many teachers come to Korea without a backup plan. It's highly unlikely that you will have problems Charger, but it doesn't hurt to be prepared.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sun May 16, 2010 10:09 pm    Post subject: Reply with quote

How long have you been legally working there? If you've been working 4 months but the first 2 were without a visa then you've only legally been employed 2 months. You're up the creek for the next 4 months.

Whether or not you can change schools or get a new visa is all a bit confusing at present. Some people have done it, someone people were unable to. But it seems that in general it not going to be likely if you've been working (legally) for only 2 months and the employer doesn't give you a release letter. You could check to see if your employer is paying your taxes, pension, and health care. If not, you can force them to, or at least negotiate them giving you a letter of release and helping you transfer to another school (in exchange for you not pressing the fact with the authorities).


On another topic, is this your first time here with an E2 visa? If so, can you tell us what country you're from, where you got the visa issued (it sounds like you did a visa run - to Japan?) and whether you had to do an interview? The general rule is that first time applicants for the E2 have to do an interview at the Korean embassy or consulate in their home country. But it seems that there have been quite a few exceptions to that rule, so I'm curious about where they got the visa issued and if there was some other reason why they didn't have to do the interview.
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