|
Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
aq0437
Joined: 25 Feb 2010
Location: Oregon
|
 Posted: Mon Feb 07, 2011 11:21 pm Post subject: school might be closing, need advice |
 |
|
So to make a long story short, my boss is bailing on my hagwon 5 months into the contract. I have found other jobs I would like to take, and have month before I will be able to take them (transfering visas with letter of release and all that jazz).
Today, however, my boss told me she is trying to 'sell' the the school, selling me and my contract along with it. I am not happy with my school right now. It may not be the worst school out there, and i can tough it out if I have to, I just have several better offers. What I am wondering is what are the legal implications of my boss selling my school. Can I be 'sold along with the school? Is there any way out of my contract if I am sold? |
|
| Back to top |
|
 |
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Mon Feb 07, 2011 11:45 pm Post subject: Re: school might be closing, need advice |
|
|
| aq0437 wrote: |
So to make a long story short, my boss is bailing on my hagwon 5 months into the contract. I have found other jobs I would like to take, and have month before I will be able to take them (transfering visas with letter of release and all that jazz).
Today, however, my boss told me she is trying to 'sell' the the school, selling me and my contract along with it. I am not happy with my school right now. It may not be the worst school out there, and i can tough it out if I have to, I just have several better offers. What I am wondering is what are the legal implications of my boss selling my school. Can I be 'sold along with the school? Is there any way out of my contract if I am sold? |
If they close you can transfer without a LOR.
If they sell the business you will need to get your ARC updated (new owner means new sponsor - the same as a transfer).
. |
|
| Back to top |
|
|
lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
|
| Posted: Tue Feb 08, 2011 12:17 am Post subject: |
|
|
Your main concern now should be with getting your last pay from the old owner. From your post, you don't seem to be having problems with the school. You haven't outlined anything to indicate to me the hagwon job you have is that bad.
Assume you give the new owner 3 months to see how it goes, it will be 8 months into your contract and you just need to put in 4 more months. There will always be hagwon jobs in 7 months when your contract runs out. There is no guarantee any hagwon owner is better than another until you work with them.
Also, working with a new hagwon owner usually means they have money to invest in the school. You are more likely to be paid on time by working for a new owner. That is why I say your main concern now should be with the old owner and getting what they owe before they leave. After they leave, you will have a hard time contacting them.
If your situation is really that bad then you could get a new CBC and new paperwork for a new visa. |
|
| Back to top |
|
|
aq0437
Joined: 25 Feb 2010
Location: Oregon
|
| Posted: Tue Feb 08, 2011 1:07 am Post subject: |
|
|
Thaniks for the advice ttompatz. I didn't even think of getting paid haha. She has always been on time with my paychecks, so I'm not too worried about the final pay, but you right, I probably won't get it haha.
The thing is, the job I want will start in three months and its at an English town. I really want to work there, since I have some friends there and it sounbds more likewhat I want to do. Also my Hagwon is very far out of Seoul, has some of the worst students in the area and is in a very, very small town. I know its not too bad, but I would much rather work at the English town. Is there a way I can take this job, if my hagwon is sold? |
|
| Back to top |
|
|
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Tue Feb 08, 2011 2:20 am Post subject: |
|
|
| aq0437 wrote: |
Thaniks for the advice ttompatz. I didn't even think of getting paid haha. She has always been on time with my paychecks, so I'm not too worried about the final pay, but you right, I probably won't get it haha.
The thing is, the job I want will start in three months and its at an English town. I really want to work there, since I have some friends there and it sounbds more likewhat I want to do. Also my Hagwon is very far out of Seoul, has some of the worst students in the area and is in a very, very small town. I know its not too bad, but I would much rather work at the English town. Is there a way I can take this job, if my hagwon is sold? |
The easiest way (albeit not the cheapest) is to order new documents (if you don't have them already), leave, turn in your ARC (effectively canceling your visa), return, take the new job and get a new visa (with a visa run to Japan).
The other option is try to get a release from your current owner (fat chance if you are the only asset she has in the hagwan). You can bet your new owner won't release you and you will probably lose out on your airfare AND severance (since you won't work a full year for either company - they will both try to pass it off on the other and labor sees you working for less than a year at each of them so you have no protection).
. |
|
| Back to top |
|
|
aq0437
Joined: 25 Feb 2010
Location: Oregon
|
| Posted: Tue Feb 08, 2011 5:43 am Post subject: |
|
|
That does sound like the best plan ttompatz. I am, however, worried about being blacklisted and not being able to return. Will this be a problem?
Also, I am still wondering: if the hagwon is sold, am I required by law to work for the new owner?
Will I have to negotiate/re-sign with the new hagwon Director? Or will I be free re-sign with a new sponser of my choosing?
Keep in mind that my previous Director has never missed a payment and has lived up to her contractual duties as much as she could. Also that the Hagwon employs less than 5 employees, making many of the Labor board's regulations inapplicable.
It would help me out massivley if there were a way to release myself from the contract without having to forfeit my visa or get a LOR (Of course, this may just be wishfull thinking haha) |
|
| Back to top |
|
|
lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
|
| Posted: Tue Feb 08, 2011 6:37 am Post subject: |
|
|
| Quote: |
| Also, I am still wondering: if the hagwon is sold, am I required by law to work for the new owner? |
Something has been nagging me, NOW I KNOW WHY!!! I was going to suggest you simply leave at some appropriate time and pretend you thought the school closed. To avoid this, they might want you to sign a new contract. If so, don't do it.
I was involved in a similar situation. I came with a new owner to a school. There was a teacher already there and her contract was going to finish 6 months after. They made her sign a new contract. This in effect nullified her working for the old owner and it reset the clock with the new owner. |
|
| Back to top |
|
|
cyui
Joined: 10 Jan 2011
|
| Posted: Tue Feb 08, 2011 8:19 am Post subject: |
|
|
| How does one get hired at English Town? |
|
| Back to top |
|
|
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Tue Feb 08, 2011 4:18 pm Post subject: |
|
|
| aq0437 wrote: |
That does sound like the best plan ttompatz. I am, however, worried about being blacklisted and not being able to return. Will this be a problem?
1) Also, I am still wondering: if the hagwon is sold, am I required by law to work for the new owner?
2) Will I have to negotiate/re-sign with the new hagwon Director? Or will I be free re-sign with a new sponser of my choosing?
Keep in mind that my previous Director has never missed a payment and has lived up to her contractual duties as much as she could. Also that the Hagwon employs less than 5 employees, making many of the Labor board's regulations inapplicable.
3) It would help me out massivley if there were a way to release myself from the contract without having to forfeit my visa or get a LOR (Of course, this may just be wishfull thinking haha) |
Numbers are mine for convenience.
1) No.
2) since you are changing before your contract has ended you can re-negotiate BUT you still need the permission of the 1st employer to change employers. It is implicit in the sale to the new owner but they are NOT required to give you one to change to a new employer.
3) wishful thinking.
. |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
