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Zoisite
Joined: 31 Jul 2010
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 Posted: Sun Aug 08, 2010 2:07 pm Post subject: F-4 VISA/ CONTRACT conflict?! |
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| I was just wondering if your contract says you are unable to do private tutoring...but you can legally since you have a f-4 VISA, do you still have to abide by the contract even though the contract probably had a E-2 VISA person in mind? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Aug 08, 2010 5:31 pm Post subject: Re: F-4 VISA/ CONTRACT conflict?! |
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| Zoisite wrote: |
| I was just wondering if your contract says you are unable to do private tutoring...but you can legally since you have a f-4 VISA, do you still have to abide by the contract even though the contract probably had a E-2 VISA person in mind? |
hagwon or Public school?
If you work for a hagwon it is a grey area (you can get a tutor's license) and legally teach privately.
If you work at a PS then as a government employee you are barred from working as a "tutor" or from taking a 2nd job outside of the PS system.
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Zoisite
Joined: 31 Jul 2010
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| Posted: Sun Aug 08, 2010 5:59 pm Post subject: |
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For the sake of the topic, let's say Public School.
Really? Damn that's a bit harsh... |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Aug 08, 2010 6:35 pm Post subject: |
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| Zoisite wrote: |
For the sake of the topic, let's say Public School.
Really? Damn that's a bit harsh... |
Rules governing ALL government employees - not specific to NETs or even teachers specifically.
If you do, and you are caught "officially" - as in someone (like a co-worker who doesn't like you or an unhappy mom) makes a complaint to your employer (principal or city/POE) then they are obligated to terminate your employment as a government employee and bar you from future government work.
Do teachers (Korean and NETs) do it = yes.
Is there a risk = yes.
Will you get in trouble with immigration = NO - not if you are F2/4/5.
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Zoisite
Joined: 31 Jul 2010
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| Posted: Sun Aug 08, 2010 8:17 pm Post subject: |
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Thanks for breaking that down a bit, that info helps a lot 
Hopefully I don't have something like that written down in the contract.. my recruiter always says that to koreans, contracts aren't exactly a contract like in western society but more like guidelines. I calculate not. |
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CentralCali
Joined: 17 May 2007
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| Posted: Sun Aug 08, 2010 8:20 pm Post subject: |
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| Zoisite wrote: |
| my recruiter always says that to koreans, contracts aren't exactly a contract like in western society but more like guidelines. I calculate not. |
Don't listen to your recruiter. The Korean Labor Board and the Korean courts do not consider contracts to be guidelines. And your boss certainly expects you to follow what you agreed to in the contract. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Aug 08, 2010 8:45 pm Post subject: |
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| Zoisite wrote: |
Thanks for breaking that down a bit, that info helps a lot
Hopefully I don't have something like that written down in the contract.. my recruiter always says that to koreans, contracts aren't exactly a contract like in western society but more like guidelines. I calculate not. |
Even if it is not in your contract - IF you are working at a public school - It is a national policy (and law) for ALL government employees and you are obligated to follow it or face losing your job.
Ignorance of the law is not a defense when you are caught.
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aphase
Joined: 27 Apr 2006
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| Posted: Mon Aug 09, 2010 5:27 am Post subject: |
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| I have an F4, and when I used to work after-school programs I would tell them that I wanted that part removed from the contract, and they were willing to do it both times. I just explain to them the situation and they were always fine with it. |
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northway
Joined: 05 Jul 2010
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| Posted: Mon Aug 09, 2010 5:33 am Post subject: |
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| Zoisite wrote: |
Thanks for breaking that down a bit, that info helps a lot
Hopefully I don't have something like that written down in the contract.. my recruiter always says that to koreans, contracts aren't exactly a contract like in western society but more like guidelines. I calculate not. |
I basically had this debate with one of the administrators at my school today when re-signing.
Issues:
-The contract says it's for a calendar year of 12 months from October 2nd to February 28th. (Not a year.)
-The contract says that I'll get a one way flight ticket from my home to the international airport in Korea upon completion of my contract. (I'm already here, and a ticket to Korea from the States doesn't really help me.)
-Severance will be paid upon finishing a year. (I'm only working six months.)
I bring up these issues and I'm told, "Don't worry, we're going to give it to you." Kind of defeats the purpose of a contract if it's just for the sake of the immigration department. |
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DHC
Joined: 15 Jan 2003
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| Posted: Mon Aug 09, 2010 2:34 pm Post subject: |
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| As an F-4 visa holder you can legally teach privates if you obtain a private tutor's license. Your problem is not an Immigration issue. If your contract prohibits other work (tutoring is considered other work) without the consent of your employer tn you could be terminated for violating the terms of your contract. The labor Relations Board would side with your employer. |
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Peter258
Joined: 18 Dec 2009
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| Posted: Tue Aug 10, 2010 7:22 pm Post subject: |
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I have a contract for a hagwon(not a public school) that says the employer can terminate the contract if you "teach outside the employer's property".
I kind of figured that it referred to teaching classes at another institution...not private tutoring.
I'm an f4 visa holder...is this something I should ask them to remove? Or could it be something they don't actually care about but just put it in the contract under the assumption that an E2 visa holder would be signing it? |
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