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Hagwon boss not letting me leave
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jendaejeon



Joined: 01 Oct 2009
Location: Daejeon

PostPosted: Fri Aug 20, 2010 4:20 am    Post subject: Hagwon boss not letting me leave Reply with quote

My contract is up 6th September, and my visa finishes 2nd of September. I've been bugging my boss for a while now about getting a plane ticket home, and so far nothing. Today I asked again, stating clearly that my last teaching day would be the first Friday in September, as I still have a few vacation days she has never let me take. She started yelling at me saying that my end date is "not fixed", and that I should "stop talking". She wants me to work at least an extra two weeks, or until she finds a new native English teacher, as she is having trouble finding one.

My problem is that I do need to go home, I have been counting down the days to finishing this job and aside from that I have job interviews and other things lined up at home which I have to go to. She was so irrational and crazily mad today I didn't want to push it too much without taking the weekend to think things over. Just posting on here to see if anyone has any advice as to what is best to do. Aside from anything else I need a plane ticket with a fixed departure date so I can extend my visa, but if I push it too much will she be able to keep my bonus and airfare? Do I have any legal footing to stand on, if she fires me now with only two weeks to go? Her English is pretty poor too which makes communication tricky.

Any helpful suggestions appreciated.
Thanks
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BoholDiver



Joined: 03 Oct 2009
Location: Canada

PostPosted: Fri Aug 20, 2010 7:59 am    Post subject: Reply with quote

If you wish to stand up for yourself, you need to tell your boss that you are finished on the 2nd and that's that. What's this 'stop talking' nonsense? Your boss should find a new teacher.

If you want to take the diplomatic route, I suggest making some excuse for why you have to leave and can not stay. Put the guilt on your boss, as if asking for 2 extra weeks will ruin everything.

I would do #1 personally. People like this need to be put in their place.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Fri Aug 20, 2010 8:37 am    Post subject: Reply with quote

Go to the labor board to have it sorted out.
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gartonator



Joined: 17 Aug 2006
Location: NYC today, Seoul asap

PostPosted: Fri Aug 20, 2010 9:22 am    Post subject: Reply with quote

where's the school? If it's in Busan, I might replace you.

I can deal with crazy beatches.
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antoniothegreat



Joined: 28 Aug 2005
Location: Yangpyeong

PostPosted: Sat Aug 21, 2010 8:52 am    Post subject: Reply with quote

gartonator wrote:
where's the school? If it's in Busan, I might replace you.

I can deal with crazy beatches.


get a friend to "apply" and "commit" to the job. after you get your ticket, the friend backs out, you leave.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Sat Aug 21, 2010 9:13 am    Post subject: Reply with quote

It is not your responsability to find a new teacher. But it may help you to get things sorted with your boss if you could.

In any case, You will be held accountable by immigration if you stay past the end date of your visa. They will fine you and perhaps ban you from working in Korea again. It is not negotiable.

If your boss won't get things in progress, I suppose you could call immigration, but I don't know how helpful that would be.

I think you may have to bite the bullet yourself, as your boss sounds like a scoundrel.

I hope I am wrong, but too often this is the case in Korea.
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jendaejeon



Joined: 01 Oct 2009
Location: Daejeon

PostPosted: Sun Aug 22, 2010 4:11 am    Post subject: Reply with quote

Thanks for the advice - the school is in Daejeon, but if anyone's willing to take her on that would be awesome. She's actually stringing along around 5 native teachers now who have all agreed to the job, and are waiting on the visa paperwork.

I'm going to try and talk to her calmly tomorrow, I know she has no right to keep me her so hopefully I can get it through to her that either way it is not going to happen. I'm also calling the labor board tomorrow to get some advice from them.

If anyone else has any ideas let me know!
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Epik_Teacher



Joined: 28 Apr 2010

PostPosted: Sun Aug 22, 2010 4:16 am    Post subject: Reply with quote

jendaejeon wrote:
Thanks for the advice - the school is in Daejeon, but if anyone's willing to take her on that would be awesome. She's actually stringing along around 5 native teachers now who have all agreed to the job, and are waiting on the visa paperwork.

I'm going to try and talk to her calmly tomorrow, I know she has no right to keep me her so hopefully I can get it through to her that either way it is not going to happen. I'm also calling the labor board tomorrow to get some advice from them.

If anyone else has any ideas let me know!


Doesn't sound like a good place to jump into! After you leave, maybe you can post the contact info?
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northway



Joined: 05 Jul 2010

PostPosted: Sun Aug 22, 2010 4:51 am    Post subject: Reply with quote

jendaejeon wrote:
Thanks for the advice - the school is in Daejeon, but if anyone's willing to take her on that would be awesome. She's actually stringing along around 5 native teachers now who have all agreed to the job, and are waiting on the visa paperwork.

I'm going to try and talk to her calmly tomorrow, I know she has no right to keep me her so hopefully I can get it through to her that either way it is not going to happen. I'm also calling the labor board tomorrow to get some advice from them.

If anyone else has any ideas let me know!


I don't think the labor board can do anything about it. What they told my friend in a similar situation is that the plane ticket promised in your contract is a bonus agreed to by the employer and the employee, or something to that effect, and thus is an issue you have to take to civil court rather than bring to the labor board. Best of luck though.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sun Aug 22, 2010 5:21 am    Post subject: Re: Hagwon boss not letting me leave Reply with quote

jendaejeon wrote:
My contract is up 6th September, and my visa finishes 2nd of September. I've been bugging my boss for a while now about getting a plane ticket home, and so far nothing. Today I asked again, stating clearly that my last teaching day would be the first Friday in September, as I still have a few vacation days she has never let me take. She started yelling at me saying that my end date is "not fixed", and that I should "stop talking". She wants me to work at least an extra two weeks, or until she finds a new native English teacher, as she is having trouble finding one.

My problem is that I do need to go home, I have been counting down the days to finishing this job and aside from that I have job interviews and other things lined up at home which I have to go to. She was so irrational and crazily mad today I didn't want to push it too much without taking the weekend to think things over. Just posting on here to see if anyone has any advice as to what is best to do. Aside from anything else I need a plane ticket with a fixed departure date so I can extend my visa, but if I push it too much will she be able to keep my bonus and airfare? Do I have any legal footing to stand on, if she fires me now with only two weeks to go? Her English is pretty poor too which makes communication tricky.

Any helpful suggestions appreciated.
Thanks



Since your contract finishes on the 6th, that is the date you need to be looking at. You should plan to work through the 6th.

Now, you claim that you have some unused vacation days, and this may be true, but you should still plan to work so that your boss can't claim that you didn't finish the contract. If you leave early, even one day early, you many not be entitled to either your airfare or your severance for working one full year.

It is your contract date, not your visa date, that determines one full year. In addition, if you didn't start on the first day according to your contract, but started late for any reason, then you'll have to work those additional days as well.

It is standard operating procedure for the public schools to refuse to pay any severance or airfare if you leave even one day early. Many hogwans will go ahead and pay and don't fuss about a day or two, but your boss sounds likely to hold you to the letter of the law and contract, so don't give the boss an excuse - work until your last required day.

This means that you willl have to extend your period of sojourn on your ARC, and that means some documents, money and a visit to Immigration.

It is better to risk not getting to use a few vacation days, and to risk not getting paid for them (you should get a cash payment for unused vacation days) than to risk losing your severance and return airfare because you left one working day early.
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jendaejeon



Joined: 01 Oct 2009
Location: Daejeon

PostPosted: Sun Aug 22, 2010 5:44 am    Post subject: Reply with quote

Thanks again for the advice. I will leave info about the place when I leave. I'm fine working through to my last day, and not going to kick up a fuss about one un-used vacation day, I'm most concerned about her not actually accepting that I am going to leave when my contract is finished - would that still be a matter for the civil courts or the labor courts? I have tried researching these things online but it all seems I bit hazy - anyone been in the same situation?
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sun Aug 22, 2010 5:54 am    Post subject: Reply with quote

jendaejeon wrote:
Thanks again for the advice. I will leave info about the place when I leave. I'm fine working through to my last day, and not going to kick up a fuss about one un-used vacation day, I'm most concerned about her not actually accepting that I am going to leave when my contract is finished - would that still be a matter for the civil courts or the labor courts? I have tried researching these things online but it all seems I bit hazy - anyone been in the same situation?



You are not a slave. You are free to leave any time. What you have to worry about is getting paid all that you are owed. So, if you work the 6th, assuming that is the correct date according to your contract, then you have finished. Whatever else your boss might think, claim or want is not relevant. However, she may refuse to pay some or all of what you are owed. She has some time after the contract ends to pay, she is not required by law to pay you on your last day. But after that point there are legal means to collect what you are owed.

Anyway, the whole situation is odd: Your boss knew when the contract ends, there has been plenty of time to replace you, there are more teachers than jobs right now - teachers begging for work, and she could have asked you nicely to stay or help find a replacement. Is she off her meds?
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Junior



Joined: 18 Nov 2005
Location: the eye

PostPosted: Sun Aug 22, 2010 5:55 am    Post subject: Reply with quote

Its for this reason that they are introducing the new 13-month visa.
Too many hogwon owners taking advantage of the fact visas expire before contracts do and not paying severance.

I think they start issuing them from September 1st.
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Sun Aug 22, 2010 7:00 am    Post subject: Reply with quote

Junior wrote:
Its for this reason that they are introducing the new 13-month visa.
Too many hogwon owners taking advantage of the fact visas expire before contracts do and not paying severance.

I think they start issuing them from September 1st.


I wonder how that can be abused?
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oldfatfarang



Joined: 19 May 2005
Location: On the road to somewhere.

PostPosted: Sun Aug 22, 2010 3:31 pm    Post subject: Reply with quote

WadRUG'naDoo wrote:
Junior wrote:
Its for this reason that they are introducing the new 13-month visa.
Too many hogwon owners taking advantage of the fact visas expire before contracts do and not paying severance.

I think they start issuing them from September 1st.


I wonder how that can be abused?


Going by past behavior of hagwon owners, I think it won't be long before we find out.

Good luck OP. I suspect you're going to have trouble collecting your holiday pay, airfare, and severance from this employer.
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