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Czarjorge
Joined: 01 May 2007
Location: I now have the same moustache, and it is glorious.
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 Posted: Sun May 23, 2010 7:20 pm Post subject: School Closing Rights |
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My school's closing and I have a week to find a job. I've been talking to some of my old timer friends, and they're great with vague notions, but not with details.
I have heard you can get a document that lets you transfer your visa freely, as if you had worked at a school for six months or more, if your school is closing, is this true?
Supposedly on the ATEK site there are details about what the school must do? Couldn't find these on there, or searching Google or here. Anyone know?
Does the school have to let me keep housing for a certain amount of time?
My contract says I have to be paid within two days of leaving, can I demand payment on the last day?
Another of these oldtimers told me that I am entitled to partial severance, even though I haven't finished the contract, as the school is closing, is this right?
Thanks in advance for all your help. And if anyone knows of a school needing an ASAP hire PM me. |
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wesharris
Joined: 10 Oct 2008
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| Posted: Sun May 23, 2010 7:27 pm Post subject: |
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Need more info than you provided to answer your question.
Please, be more detailed. How many months have you been there.
Etc Etc. |
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Juregen
Joined: 30 May 2006
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| Posted: Sun May 23, 2010 8:40 pm Post subject: Re: School Closing Rights |
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| Czarjorge wrote: |
My school's closing and I have a week to find a job. I've been talking to some of my old timer friends, and they're great with vague notions, but not with details.
I have heard you can get a document that lets you transfer your visa freely, as if you had worked at a school for six months or more, if your school is closing, is this true?
Supposedly on the ATEK site there are details about what the school must do? Couldn't find these on there, or searching Google or here. Anyone know?
Does the school have to let me keep housing for a certain amount of time?
My contract says I have to be paid within two days of leaving, can I demand payment on the last day?
Another of these oldtimers told me that I am entitled to partial severance, even though I haven't finished the contract, as the school is closing, is this right?
Thanks in advance for all your help. And if anyone knows of a school needing an ASAP hire PM me. |
Technically they have to give you a month's notice, but in case of bankruptcy, unless you are willing to go to court over it, I don't think you can get away with anything.
Try calling labor board and explain to them the situation, they might mediate in your favor. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Sun May 23, 2010 9:17 pm Post subject: Re: School Closing Rights |
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| Czarjorge wrote: |
My school's closing and I have a week to find a job. I've been talking to some of my old timer friends, and they're great with vague notions, but not with details.
(1) I have heard you can get a document that lets you transfer your visa freely, as if you had worked at a school for six months or more, if your school is closing, is this true?
(2) Supposedly on the ATEK site there are details about what the school must do? Couldn't find these on there, or searching Google or here. Anyone know?
(3) Does the school have to let me keep housing for a certain amount of time?
(4) My contract says I have to be paid within two days of leaving, can I demand payment on the last day?
(5) Another of these oldtimers told me that I am entitled to partial severance, even though I haven't finished the contract, as the school is closing, is this right?
Thanks in advance for all your help. And if anyone knows of a school needing an ASAP hire PM me. |
(numbers are mine...I numbered them for easy reference)
1. You will have to go to Immigration to sort this out. If they are closing then, it's up to Immigration to decide whether they will let you transfer your visa or not. You will need a sponsor first though...
2. The school's obligations are outlined in the KLSA. HOWEVER, be advised that in cases of bankruptcy (as already pointed out) some of these obligations may no longer apply.
3. No. This is a contractual matter. You will have to work this out with your school if your contract is unclear on this point.
4. Always get paid before leaving. What happens if you show up after two days and the place is padlocked and chained and no one is there and the owner doesn't answer his phone...?
5. No. Severance is paid after a year. There is no legal obligation to pay partial severance if you have completed less than a year. |
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moosehead
Joined: 05 May 2007
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| Posted: Sun May 23, 2010 9:51 pm Post subject: Re: School Closing Rights |
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| Czarjorge wrote: |
My school's closing and I have a week to find a job. I've been talking to some of my old timer friends, and they're great with vague notions, but not with details.
I have heard you can get a document that lets you transfer your visa freely, as if you had worked at a school for six months or more, if your school is closing, is this true?
Supposedly on the ATEK site there are details about what the school must do? Couldn't find these on there, or searching Google or here. Anyone know?
Does the school have to let me keep housing for a certain amount of time?
My contract says I have to be paid within two days of leaving, can I demand payment on the last day?
Another of these oldtimers told me that I am entitled to partial severance, even though I haven't finished the contract, as the school is closing, is this right?
Thanks in advance for all your help. And if anyone knows of a school needing an ASAP hire PM me. |
hey OP - why do you think you only have a week to find a job?
I had a school close on me once - they gave us all 3 weeks notice - I stayed in the apt an extra week afterwards then moved into a goshiwon.
I was really pissed as I'd only been there 2 and a 1/2 months !
I went to immi the week after we closed just before I moved - they said the school never notified them of anything, just to go get another job. now this was in 2005, before rules changed, but all the same, the school may not have notified immi because it might (note I said "might") make them liable for their foreign teachers' flights home, etc. they might (again "might") be closing this school only to be opening another one elsewhere under someone else's name (happens all the time) and don't want to kimmi to be asking qs about how they aren't taking care of their foreign teachers.
first of all, don't panic. try and get as much money as you can from your employer but at least what you are owed. try for an extra week at your apt. I don't think they can kick you out, if you need more, ask, but goshiwons are plentiful and easy to find, just pack up and haul out.
if you want another job, that's ok, you can go w/your employer and cancel your visa then go get another job. just slow down and take a breath, you really don't want to jump into the first one you find - since you are already in Korea, take your time and visit schools first.
heck, I even posted once how my school was evicted into the parking lot one afternoon while I was sitting there at the computer. that was a trip. you'll manage just fine - ok? |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sun May 23, 2010 10:18 pm Post subject: |
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That's an interesting situation.
If a school is going out of business, do they still have to give the employees 30 days notice? (Assuming the employee has been there for at least 6 months.)
You CAN get another job in 1 week. There are lots of them available. Just write to a whole bunch of recruiters and tell them that you want something starting next week in the same city and that you want to do a visa transfer. Get your boss to write one up for you now.
After you get your new job, find out if your current school really did go out of business or if the owner just downsized or changed the school into a noodle restaurant (don't laugh, it's very common in Korea to change a business like that). If the didn't go out of business, take them to court to get any money owing to you (e.g. your 30 days pay in lieu of notice). |
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Czarjorge
Joined: 01 May 2007
Location: I now have the same moustache, and it is glorious.
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| Posted: Thu May 27, 2010 7:50 am Post subject: Re: School Closing Rights |
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| TheUrbanMyth wrote: |
| Czarjorge wrote: |
My school's closing and I have a week to find a job. I've been talking to some of my old timer friends, and they're great with vague notions, but not with details.
(1) I have heard you can get a document that lets you transfer your visa freely, as if you had worked at a school for six months or more, if your school is closing, is this true?
(2) Supposedly on the ATEK site there are details about what the school must do? Couldn't find these on there, or searching Google or here. Anyone know?
(3) Does the school have to let me keep housing for a certain amount of time?
(4) My contract says I have to be paid within two days of leaving, can I demand payment on the last day?
(5) Another of these oldtimers told me that I am entitled to partial severance, even though I haven't finished the contract, as the school is closing, is this right?
Thanks in advance for all your help. And if anyone knows of a school needing an ASAP hire PM me. |
(numbers are mine...I numbered them for easy reference)
1. You will have to go to Immigration to sort this out. If they are closing then, it's up to Immigration to decide whether they will let you transfer your visa or not. You will need a sponsor first though...
2. The school's obligations are outlined in the KLSA. HOWEVER, be advised that in cases of bankruptcy (as already pointed out) some of these obligations may no longer apply.
3. No. This is a contractual matter. You will have to work this out with your school if your contract is unclear on this point.
4. Always get paid before leaving. What happens if you show up after two days and the place is padlocked and chained and no one is there and the owner doesn't answer his phone...?
5. No. Severance is paid after a year. There is no legal obligation to pay partial severance if you have completed less than a year. |
I'm responding the the UB's post as he's that man. Kudos to you for your long history of helping people on this board, where most respondies are utterly thankless louts.
As to 1., Kimmi has told me that since the school is closing that the school must provide a letter of release and a tax/accounting document stating that school is closing. The issue is that the school denies knowing what that document is, so I suppose I'll have to do the legwork for them. Meh. This place is pissing me off.
As to 2., what is KLSA? Sorry, I've been around for awhile, but I'm not sure what that's an acronym for.
As to 3., the school has verbally indicated that I can stay in my housing until July 6th. I suppose I should get that in writing? That probably won't mean anything here though.
As to 4., I'm not sure I'm getting paid at all. It's brutal, but my contract says I must be paid by the second day of my completion for the school. I'm thinking I need to go to the labor board ASAP. The issue is that the branch is closing, but the owner has many schools in my city. I'm not sure how that will work out. Pushing them about the payment might mean faster eviction. I'm trying to do the hagwon balancing act.
As to 5., good to know. I didn't think so, but others around here have insisted it.
For the rest of you, thanks for the input. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu May 27, 2010 8:55 am Post subject: Re: School Closing Rights |
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| Czarjorge wrote: |
I'm responding the the UB's post as he's that man. Kudos to you for your long history of helping people on this board, where most respondies are utterly thankless louts.
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For the rest of you, thanks for the input. |
You're welcome (i guess). |
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confucian
Joined: 13 May 2010
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| Posted: Thu May 27, 2010 9:15 am Post subject: |
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| Getting out of a public school job soon. It's redundant but I need 25 posts beofre I can PM someone who is a fountain of authentic information. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu May 27, 2010 5:13 pm Post subject: Re: School Closing Rights |
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| Czarjorge wrote: |
[
I'm responding the the UB's post as he's that man. Kudos to you for your long history of helping people on this board, where most respondies are utterly thankless louts.
As to 1., Kimmi has told me that since the school is closing that the school must provide a letter of release and a tax/accounting document stating that school is closing. The issue is that the school denies knowing what that document is, so I suppose I'll have to do the legwork for them. Meh. This place is pissing me off.
As to 2., what is KLSA? Sorry, I've been around for awhile, but I'm not sure what that's an acronym for.
As to 3., the school has verbally indicated that I can stay in my housing until July 6th. I suppose I should get that in writing? That probably won't mean anything here though.
As to 4., I'm not sure I'm getting paid at all. It's brutal, but my contract says I must be paid by the second day of my completion for the school. I'm thinking I need to go to the labor board ASAP. The issue is that the branch is closing, but the owner has many schools in my city. I'm not sure how that will work out. Pushing them about the payment might mean faster eviction. I'm trying to do the hagwon balancing act.
As to 5., good to know. I didn't think so, but others around here have insisted it.
For the rest of you, thanks for the input. |
As regards 1 if you can not get the tax info...at least get a document stating the school is closing. Also a LOR is a must in this case.
2 The KLSA is the Korean Labor Standards Act. However I'm not sure how much this will help you since as I said they may no longer be obliged to follow all of the rules as they pertain to employees since they are closing/bankrupt.
3. Definitely attempt to get that in writing.
4. Set up a meeting with the owner on/just after the last day of work. Try to get paid on that day. At a minimum hammer out the specifics of when and where. Let him know that you are NOT simply going to give up and go away. Of course this should be done in a tactful manner due to the housing situation (as you pointed out) but you already know this...so just saying. Only go to the labor board should he not honor this agreement. In fact I wouldn't even mention the labor board at this meeting unless he takes a hard line about pay and housing.
As for 5, it bites...but the law is the law. The only case this does NOT apply is if you had worked MORE than one year there and not been paid severance. In this case your severance would be prorated...you get the full payment for one year plus a portion of the full payment for the number of months you had worked there. |
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Czarjorge
Joined: 01 May 2007
Location: I now have the same moustache, and it is glorious.
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| Posted: Thu May 27, 2010 7:01 pm Post subject: Re: School Closing Rights |
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| Troglodyte wrote: |
| Czarjorge wrote: |
I'm responding the the UB's post as he's that man. Kudos to you for your long history of helping people on this board, where most respondies are utterly thankless louts.
.
.
.
For the rest of you, thanks for the input. |
You're welcome (i guess). |
I wasn't pointing at you. I was merely recognizing that there's a lot of problematic or useless responses to serious topics on this board. That's why I don't come around as much as I did in the past.
So, THANK YOU TOO> |
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