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can a school move you to another location without permission

 
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april



Joined: 23 Oct 2009

PostPosted: Fri Oct 29, 2010 7:20 pm    Post subject: can a school move you to another location without permission Reply with quote

My school has told me that I have to move to another location where they are starting up a new school under a new franchise name. There is nothing in my contract that says I would have to do this. Do I have any legal footing to refuse it? Any help is much appreciated.
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thegadfly



Joined: 01 Feb 2003

PostPosted: Fri Oct 29, 2010 7:37 pm    Post subject: Reply with quote

How long have you been there? Is the school you are currently working at closing? Why are they telling you, rather than asking you? Are you willing to quit over it?

If you have been there less than 6 months, I do not think there is much the labor board can do -- quit or stay.

If the school you are working at is closing, I don' think there is much the labor board can do other than to be sure you get 30 days notice/pay in lieu -- quit or stay.

If it is just a new branch, and they want you to move, and you do not want to move, maybe the labor board can be of some help...but if your school gets the new location listed with immigration, it can be legal, and I thought the labor board dealt with illegal things....

Good luck....
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april



Joined: 23 Oct 2009

PostPosted: Fri Oct 29, 2010 7:59 pm    Post subject: l Reply with quote

lll

Last edited by april on Sat Oct 30, 2010 1:21 am; edited 1 time in total
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Hotpants



Joined: 27 Jan 2006

PostPosted: Fri Oct 29, 2010 10:44 pm    Post subject: Reply with quote

I'm sure someone like Tompatz will step in here with more specific detail, but in short, if you are being transfered to another site under different ownership, immigration have to approve this move, AND amend your ARC card accordingly.

So, 'permission' actually boils down to K-immi and not just yourself.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat Oct 30, 2010 3:47 am    Post subject: Reply with quote

But even if immi agrees to it, YOU also have to agree to it.

Although with less than 6 months at the first location, you're likely to just get fired and your visa cancelled if you refuse. Plus a lot of other BS.

If you agree with the move, you can do it. It shouldn't be a problem if the school is moving or has been bought up by someone else, etc.

The main thing that you should be considering is whether or not your contract will continue or be reset to day 1. i.e. how much longer do you have to stay there before you're 1 year contract is up?
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Juregen



Joined: 30 May 2006

PostPosted: Sun Oct 31, 2010 7:29 pm    Post subject: Re: can a school move you to another location without permis Reply with quote

april wrote:
My school has told me that I have to move to another location where they are starting up a new school under a new franchise name. There is nothing in my contract that says I would have to do this. Do I have any legal footing to refuse it? Any help is much appreciated.


Unless specified in your contract you will be working at a determined address, you will have little recourse, although Immigration does assume you work at the address stipulated in the contract.

I suggest calling Immigration and see if they allow it.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun Oct 31, 2010 9:01 pm    Post subject: Re: can a school move you to another location without permis Reply with quote

Juregen wrote:
april wrote:
My school has told me that I have to move to another location where they are starting up a new school under a new franchise name. There is nothing in my contract that says I would have to do this. Do I have any legal footing to refuse it? Any help is much appreciated.


Unless specified in your contract you will be working at a determined address, you will have little recourse, although Immigration does assume you work at the address stipulated in the contract.

I suggest calling Immigration and see if they allow it.


It is not the contract per se. It is the ARC. Under an E-2 visa (if you are working at a hakwon) you can only work at the address on your ARC. All other places are forbidden without Immigration's permission.
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