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sodabread
Joined: 30 Dec 2006
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 Posted: Sun Jun 09, 2013 11:10 pm Post subject: urgent help re: canned for no reason |
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What are the rules for getting let go for no reason?
Here�s my situation:
I have been working for the same university for over 5 years. I always get the highest reviews from the students. Last week I was informed that my contract will not be renewed in August. No reason was given. It may be because I saw the chair of the department do something shifty, and later he overheard (through a wall) a conversation I had regarding the episode.
Do I have any legal recourse?
Does anyone know who I might be able to turn to for help? Or should I just move on? |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Sun Jun 09, 2013 11:20 pm Post subject: |
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| You could take him to court, but it's you know in Korea. Your choice whether to move on or sue the university. |
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MiXX
Joined: 30 Aug 2012
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| Posted: Sun Jun 09, 2013 11:48 pm Post subject: |
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Basically your contract is ending and they are not renewing.
I dont see how you have any leg to stand on. |
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big_fella1
Joined: 08 Dec 2005
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| Posted: Mon Jun 10, 2013 12:34 am Post subject: |
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You're not let go. As you have been there for more than 4 years they can't not renew you. Even if you had been there less than 4 years they have to give 4 months notice of non-renewal.
Stay calm and don't panic.
If you're at a private university this is covered under the private schools act. Unigwons are covered by the Labor Standards Act. I'd have to check on Public unis.
Sorry I'm rushing to a class, I just wanted to say don't do anything rash and I'll get more info for you tomorrow.
Fighting will be expensive but they will have to pay you for it and hopefully it can be avoided.
Have a quiet night. |
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thrylos
Joined: 10 Jun 2008
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| Posted: Mon Jun 10, 2013 12:47 am Post subject: |
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As Mixx said, they're choosing not to renew. You could ask for the reasons behind it, you may get an answer or not.
After the 5th year, your pension co-payments significantly go up (the uni pays much more into your pension). It may have been a consideration in their decision not to renew, it wouldn't be the first time.
I don't think there is much for you to sue over. Good luck. |
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hogwonguy1979
Joined: 22 Dec 2003
Location: the racoon den
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| Posted: Mon Jun 10, 2013 1:35 am Post subject: |
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| check your pm op |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Mon Jun 10, 2013 1:37 am Post subject: |
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A former colleague told me after his 5th year at his school he was refused any future raises because they said they are now paying more money into his pension.  Last I spoke with him he was working on his resume.
OP, sorry to hear about your situation. I suggest you start working on finding a better job. They are out there. |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Mon Jun 10, 2013 1:37 am Post subject: |
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A former colleague told me after his 5th year at his school he was refused any future raises because they said they are now paying more money into his pension. Last I spoke with him he was working on his resume.
OP, sorry to hear about your situation. I suggest you start working on finding a better job. They are out there. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon Jun 10, 2013 2:05 am Post subject: |
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| Quote: |
| I have been working for the same university for over 5 years. |
After 1 year, you should be looking. After 2, you shouldn't be agreeing to stay. After 3, you have exhausted your stay. After 4, you simply are too lazy to move on. After 5, someone has got to kick you out to the curb.
MOVE ON!!
Find another school. Consider this a godsend. How could you stay at the same school for so long? I average 6 months. I can't stand it any longer.
You need to cultivate your cultural mind. Visit other places, meet other people, eat different foods along the way. That's my mantra.
If you prefer to be a stump, then find a school that will hire you for 6 years. |
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transmogrifier
Joined: 02 Jan 2012
Location: Seoul, South Korea
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| Posted: Mon Jun 10, 2013 2:46 am Post subject: |
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| YTMND wrote: |
| I average 6 months.. |
That must look great on a r�sum�. |
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thrylos
Joined: 10 Jun 2008
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| Posted: Mon Jun 10, 2013 4:22 am Post subject: |
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| YTMND wrote: |
| I average 6 months.. |
While it could be OK if you're bouncing from one hagwon or primary school to another where many of the salaries and benefits (read non-existant) are similar, once you're in a decent uni with a half-decent work environment, slightly better pay, ridiculous vacation time, and even smidgeon of self-satisfaction, 5 years is short. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Mon Jun 10, 2013 4:28 am Post subject: |
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| transmogrifier wrote: |
| YTMND wrote: |
| I average 6 months.. |
That must look great on a r�sum�. |
Really 6 months?
OP sounds like you got complacent. You coasted along and thought everything would be perfect until BAM. That is a dangerous thing to do here. You were not canned, you were no renewed.
Two reasons. One, because the country is very superficial and if something shiny or little better comes along, out you go. Second, there is little to no loyalty when it comes with Koreans and waygooks. Hell even Koreans and Koreans. There is NO loyalty, if there is loyalty it is a very fickle. Do not relay upon loyalty.
Great you got high reviews from students. That can work in your favor sometimes, other times it will not work in you favor. In the future make sure you have more then one area propping you up.
Everyone should always be keeps an eye out on the future. Up the paranoia, and take a look at where you are. And always be looking for alternatives.
One last point. ALWAYS be playing the political game. It never ends or stops. You got caught and lost even through you did not you where playing it. Boss heard you complaining/gossiping through the walls. You hurt yourself by doing that.
Maybe you can find another higher up at the University who will help you or vouch for you. Yet in the end you might just have to move on.
Good Luck in the future. |
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big_fella1
Joined: 08 Dec 2005
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| Posted: Mon Jun 10, 2013 5:16 am Post subject: |
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See this thread for more info:
http://forums.eslcafe.com/korea/viewtopic.php?t=226247&postdays=0&postorder=asc&start=15
You haven't posted back here so hopefully everything has been sorted out.
Regardless of your visa or nationality if your employment falls under the Labor Standards Act (i.e. unigwons or hakwons) after 2 years you receive the protections of a regular employee.
If you work in a private university you are covered under the Private Schools Act which you will find at http://forums.eslcafe.com/korea/viewtopic.php?t=226247&postdays=0&postorder=asc&start=15
53-2 (4) Requires the university to give 4 months notice in writing regarding renewal or non-renewal.
Article 54-4 (3) Says that you can only be a term-teacher for up to 3 years after the first term.
Universities should not be hiring term teachers just because they are foreign, but after 4 years, you are no longer a term teacher and the university cannot decide to just let you go. They have to have grounds which they need to express clearly to you. Then you have 28 days to request a hearing if you aren't happy with their response.
Let me know if you're interested in pursuing this or not. But just know that the law protects you regardless of any "mistakes" the administration makes in providing annual contracts to you. |
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