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2 year limit for working at the same place?

 
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shinraunit



Joined: 10 Oct 2008

PostPosted: Wed Nov 24, 2010 1:41 am    Post subject: 2 year limit for working at the same place? Reply with quote

Last year my (private) elementary school discharged some Korean ESL teachers on the premise of some "new law" that imposes a 2-year limit on employees, (yet that somehow didn't apply to anyone else, including foreign teachers) We all thought it was BS and was being used to cover up some office-political motivations, but it went through quietly.

Now, myself and another teacher have been approached with this same "two-year limit," saying that the school "wasn't sure" if they'd be able to re-hire us next year. I asked for a copy of this law and my director just said to look at the Labor website, and sure enough I haven't been able to find anything. I've found rumors on the internet that an employer in Korea can only keep someone for 2 years before they are obligated to make them "permanent employees," whatever that means. I can't see that applying to foreign teachers, since we have to sign a new contract for every year we work.

Is this a complete load of BS, or is my school administration misinterpreting something?


Last edited by shinraunit on Wed Nov 24, 2010 1:53 am; edited 1 time in total
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rowdie3



Joined: 22 Sep 2003
Location: Itaewon, Seoul

PostPosted: Wed Nov 24, 2010 1:46 am    Post subject: Reply with quote

I have been at the same school for four years and am in the process of signing my fifth year contract. Your school is BSing you and doesn't want to tell you that they don't want to resign you.
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shinraunit



Joined: 10 Oct 2008

PostPosted: Wed Nov 24, 2010 1:50 am    Post subject: Reply with quote

That makes sense. Even the law were the case, then it would mean that this is something the school already knew about a year ago and thus has no excuse to wait until late November to break the news to me. I'd better step up the job hunt before it gets even later in the year.
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littlelisa



Joined: 12 Jun 2007
Location: Seoul

PostPosted: Wed Nov 24, 2010 1:59 am    Post subject: Reply with quote

You even have to ask? You know people at the same school who were there for more than 2 years. Also, the director admitted that she got rid of the Korean teacher because they would have had to give her more benefits. There are people at my school who have been here four years and are re-signing, and my school is just like yours.

Tell them that if they don't WANT to re-sign you to just say so and it is fine with you but not to lie.

Edit: You know, it would be fun to point out to the director that next year will be her third year.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Nov 24, 2010 2:12 am    Post subject: Reply with quote

There is NO SUCH LAW other than the one made up by your school.

.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Wed Nov 24, 2010 4:56 am    Post subject: Reply with quote

I could maybe understand if your school was a Uni or a college. There has been previous problems with some professors and tenure rules. My father had a good uni job but was not resigned because if they did he might be on the tenure track.

But for you school! I think not unless maybe they have you signed up as a contract or temp worker to save on taxes and benefits like pension. But as I know E-2 can not be contract or temp worker.
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le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Thu Nov 25, 2010 2:33 am    Post subject: Reply with quote

I have more than one friend into thier 3rd/4th years.
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Thu Nov 25, 2010 3:32 am    Post subject: Reply with quote

My public school district has a fairly firm "policy" (not "law") about duration at one school. After 2 years, your school can give you the boot to transfer. Or if they like you & you want to stay it can be 3 years. Then you gotta move to another school, but seniority buys a choice of openings. Its not a bad system -- change can be good.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Nov 25, 2010 3:56 am    Post subject: Reply with quote

schwa wrote:
My public school district has a fairly firm "policy" (not "law") about duration at one school. After 2 years, your school can give you the boot to transfer. Or if they like you & you want to stay it can be 3 years. Then you gotta move to another school, but seniority buys a choice of openings. Its not a bad system -- change can be good.


Our school district (and the Gyeonggi POE) has a policy that ALL teachers must move/transfer after 5 years at one school. Under special circumstances that can be extended by 1 year (to 6 years at an individual school).

It is a POE policy and NOT a law.

.
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jvalmer



Joined: 06 Jun 2003

PostPosted: Thu Nov 25, 2010 8:09 am    Post subject: Re: 2 year limit for working at the same place? Reply with quote

shinraunit wrote:
Last year my (private) elementary school discharged some Korean ESL teachers on the premise of some "new law" that imposes a 2-year limit on employees, (yet that somehow didn't apply to anyone else, including foreign teachers) We all thought it was BS and was being used to cover up some office-political motivations, but it went through quietly.

Now, myself and another teacher have been approached with this same "two-year limit," saying that the school "wasn't sure" if they'd be able to re-hire us next year. I asked for a copy of this law and my director just said to look at the Labor website, and sure enough I haven't been able to find anything. I've found rumors on the internet that an employer in Korea can only keep someone for 2 years before they are obligated to make them "permanent employees," whatever that means. I can't see that applying to foreign teachers, since we have to sign a new contract for every year we work.

Do you work in a hagwon or an actual school? It sounds like you work in a hagwon and hagwons tend to pull tricks like you are mentioning.

In schools if a Korean teachers is under contract, 2-3 years is the limit before they have to either hire full-time, or get rid of that teacher. This doesn't apply to foreign NET's though.
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littlelisa



Joined: 12 Jun 2007
Location: Seoul

PostPosted: Thu Nov 25, 2010 8:10 am    Post subject: Reply with quote

It's a private elementary school, not a hagwon or a public school. I worked there last year.
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Thu Nov 25, 2010 10:38 am    Post subject: Reply with quote

Well, there's definitely no law saying they have to re-sign you. I guess they don't want to hire you on for another year or more.
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Confused Canadian



Joined: 21 Jan 2003

PostPosted: Thu Nov 25, 2010 3:09 pm    Post subject: Reply with quote

There IS a 2-year part-time workers law, that means that after two years of working as a part time worker, the company either has to make your a full time employee or let you go.

HOWEVER, it does NOT apply to E1, E2, or even F2 visa holders, because those visas must be renewed. It only applies to F5 visa holders and Korean citizens, so unless the OP is an F5 visa holder, the law does not apply in this case.
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lowpo



Joined: 01 Mar 2007

PostPosted: Thu Nov 25, 2010 4:02 pm    Post subject: Reply with quote

Confused Canadian wrote:
There IS a 2-year part-time workers law, that means that after two years of working as a part time worker, the company either has to make your a full time employee or let you go.

HOWEVER, it does NOT apply to E1, E2, or even F2 visa holders, because those visas must be renewed. It only applies to F5 visa holders and Korean citizens, so unless the OP is an F5 visa holder, the law does not apply in this case.


I'm working on my 5th year at the same public school. The local BOE told my school that I have to transfer after this year. They think that I have been at the same school to long.
Right now my school is fighting the BOE on me leaving.
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