Korean Job Discussion Forums

[pauli one kanobi]

I've seen similar posts, but none that address my specific situation. My hogwon is attempting to sell, they will wait for a buyer that will purchase the school with the intent of keeping the franchise licence.

Here's my problem: my director claims i'm obligated to stick around and provide at least two months notice to the new owner (my current contract does state giving 2 months notice, but nothing about the change of ownership).
I want out, cause it's a very small and shaky school, and will likely stumble and just go under again under new management. I'm the only foreign teacher and it looks like all the other teachers are splitting, leaving me the sole survivor in the shift to new ownership. I really don't want to be around, and if i'm gonna leave i want to now, not after 2 sucky months of unsettled new management.

Am i obligated to the new owner's? Isn't my contract void after my sponsor looses ownership of the school? Can she pimp me out like this? Do they have a loophole because the school will maintain the same franchise name?

[VanIslander]

If your contract is with the school then your obligation lies there as well, regardless who owns it.

As for the idea that it's shaky so it's likely to go under anyways.... well, do you think new owners would buy the business if they weren't going to spend at least two months trying to make it work?

Give your 2-month notice, work hard in the meantime and leave the honourable way.

But my advice is outdated and others may advise you to run.

[pauli one kanobi]

of course i understand the school is not going to be a smooth operation a month or two following near bankruptcy and ownership change.

and your also correct, that the only advice i've recieved so far is to split, cause i might have trouble getting paid with the new owners, etc.

a good record, and reference is important to me, so i don't want to abandon my contract. what bothers me is having no control of my situation for the next two months, not knowing what kind of jackass could be signing my next two checks, release of contract, and reference letter. and being the only staff left from the previous owner and the unsolicited responsibility that may be associated with that.

i appreciate your reply, cheers.

[VanIslander]

Make it entirely clear to them that you must get paid on payday. Once it's made clear to them, and they don't pay you, then don't teach until they do. (You'll get paid pretty quickly.) Be nice about it, with a smile and never with anger - but be clear about your position. Present it as a question of need, not one of moral right, and you shouldn't have any problems.

[pauli one kanobi]

anyone know if the name of my sponsor changes on my E-2? is there any paperwork etc. that will need to be done to my E-2 with a new owner at the school?

one of my friends who has taught in korea for a few years thought that it was the owner who sponsored my visa, not the school, therefore when she is no longer in need of my service, she could not "sell" my contract with the school.

does my E-2(and rights in this country) then lie in the hands of an owner i've never met, negotiated with, or signed a contract with. (seems odd)

[Crois]

I thought that if they sell you can sign with the new owner and not the school.

[pauli one kanobi]

that was kinda my impression as well. that even if you wanted to stay on you would have to re-work your visa to have the new owner named as the sponsor. therefore basically the same thing as getting a release and heading to a different school. so why would i be obligated to my previous contract as vanislander stated?

this is all pretty new stuff to me, just going on the tid bits of advice from people i know here.

[hellofaniceguy]

This is a FACT: school changes owners, the contract is VOID. PERIOD. The school changes its name and the contract also is VOID. Ask immigration. You need to get a new contract with the new owner or have immigration note the schools name change in its records and your passport.
Many teachers have run up against immigration with these same problems and lost.
We had two teachers at a school in seoul, I was one of them, the owner changed ownership to his wife's name. Immigration comes in a few weeks later, routine check, asks for our passports, etc. they see the school owner's name is different on the business license then on their records, we get hauled into immigration, spend 7 hours being grilled, we have to sign a document stating that we violated the law, etc..., pay a 0ne million Won fine and get our names added to the black list. All compliments of the school.
Do yourself a favor and get to immigration before they get to you first. Screw what the owner says, he's not immigration.

[crazylemongirl]

actually you are tied to both the person who sponsors your visa and also the school. Last year a school that I was working at was sold. A co worker was 'onsold' to the next school while my director kept me. Changing directors requred a trip to immigration.

I would get a korean friends to ring up immigration and find out the deal, and then ring up again at some point in the future to be verify what was said.

You may have a get out of jail free card but I would check with immigration and then double check later as each place has it's own policies and procedures.

[sadsac]

Hellofaniceguy is correct. New owner, new contract. Your owner can take you with them if they open a new school. If it is sold, they cannot on sell you, the new owners must present a new signed contract to immigration and get new visa issuance papers. You don't want to stay, then off you go.

[prairieboy]

From what I've read, if the owner changes then your contract is void. You have the option of renewing with the new owner, negotiating a new or better deal or leaving, etc.

It is the owner that sponsors your visa.

The ball is in your court as to what you want to do when the school is sold.

Ask EFL-law-guy as this is a topic that comes up on a regular basis.

Cheers