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Can a hagwon back out of contract?
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FastForward



Joined: 04 Jul 2011

PostPosted: Sun Sep 18, 2011 4:41 pm    Post subject: Can a hagwon back out of contract? Reply with quote

Just wanted to know if a hagwon could back out of a contract once both parties have signed the contract? I would hate to commit and then at the last second the school tell me they hired someone else or they found someone else. I have had a school back out when I signed, but they did not, but wanted to know how binding the contract is. I hear about teacher breaking the contract no showing up or running, but how many times does a school void the contract prior to the teacher showing up?

Thanks
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Sep 18, 2011 5:42 pm    Post subject: Re: Can a hagwon back out of contract? Reply with quote

FastForward wrote:
Just wanted to know if a hagwon could back out of a contract once both parties have signed the contract? I would hate to commit and then at the last second the school tell me they hired someone else or they found someone else. I have had a school back out when I signed, but they did not, but wanted to know how binding the contract is. I hear about teacher breaking the contract no showing up or running, but how many times does a school void the contract prior to the teacher showing up?

Thanks


They can cancel you right up until the point where you enter Korea or terminate you without notice at any time in your first 6 months.

There have been cases (that I personally know) where a person has been left standing at the airport (the owner didn't like what he saw).

Does it happen often = no. Maybe 1 in 10,000.
Is there any legal recourse = not really.

If that is a significant worry for you... then Asia is not a place you want to be working.

.
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ytide



Joined: 26 Jul 2009

PostPosted: Sun Sep 18, 2011 6:36 pm    Post subject: Re: Can a hagwon back out of contract? Reply with quote

ttompatz wrote:
a person has been left standing at the airport (the owner didn't like what he saw)
Ouch.

While I could imagine this, I also know that hagwons function on the equivalent of "Just-in-Time inventory" in retail. Meaning one teacher leaves, the other shows up, on about the same day. If you strand a teacher at the airport, it is hard to find another, and this wonjang would have classes he is not able to cover.

he must have really not liked what he saw.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Sep 18, 2011 7:10 pm    Post subject: Re: Can a hagwon back out of contract? Reply with quote

ytide wrote:
ttompatz wrote:
a person has been left standing at the airport (the owner didn't like what he saw)
Ouch.

While I could imagine this, I also know that hagwons function on the equivalent of "Just-in-Time inventory" in retail. Meaning one teacher leaves, the other shows up, on about the same day. If you strand a teacher at the airport, it is hard to find another, and this wonjang would have classes he is not able to cover.

he must have really not liked what he saw.


Teacher was foolish enough to buy their own ticket and headed for a less than reputable hagwan.

The school lost nothing but a week of doubling up classes and took the next person on their list for an ASAP position (come over and we will process you later...).

The teacher was out all the expense of getting here, stranded and left with having to deal with canceling a visa and everything that follows.

.
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Tallgesse



Joined: 06 Sep 2011

PostPosted: Sun Sep 18, 2011 7:33 pm    Post subject: Reply with quote

See this is why return ticket money has got to be priority one for me. I can't even imagine these guys who are going over there with forty bucks in there pocket and hoping everything just "works out". Needing to borrow for the first month is bad, whats worse is the above - can't imagine getting stranded with no money. Hope you have generous family members.
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FastForward



Joined: 04 Jul 2011

PostPosted: Sun Sep 18, 2011 8:03 pm    Post subject: Re: Can a hagwon back out of contract? Reply with quote

ttompatz wrote:
FastForward wrote:
Just wanted to know if a hagwon could back out of a contract once both parties have signed the contract? I would hate to commit and then at the last second the school tell me they hired someone else or they found someone else. I have had a school back out when I signed, but they did not, but wanted to know how binding the contract is. I hear about teacher breaking the contract no showing up or running, but how many times does a school void the contract prior to the teacher showing up?

Thanks


They can cancel you right up until the point where you enter Korea or terminate you without notice at any time in your first 6 months.

There have been cases (that I personally know) where a person has been left standing at the airport (the owner didn't like what he saw).

Does it happen often = no. Maybe 1 in 10,000.
Is there any legal recourse = not really.

If that is a significant worry for you... then Asia is not a place you want to be working.

.


WOW, they can terminate you anytime within the first 6 months, with no recourse! So they can fire you within the first 6 months and boot you out of the living quarters they provided the next day? That is crazy! I'm in Korea and have family here, so I would just stay with them until I found another job, but for someone that flew 18 hours to get to Korea and no where to go, would be in some serious trouble.
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cincynate



Joined: 07 Jul 2009
Location: Jeju-do, South Korea

PostPosted: Sun Sep 18, 2011 8:44 pm    Post subject: Reply with quote

They have to give you 30 days notice before they terminate you.. They can't just show up one morning at your apartment and say" You're fired.. you have 30 minutes to pack up and get out.
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cincynate



Joined: 07 Jul 2009
Location: Jeju-do, South Korea

PostPosted: Sun Sep 18, 2011 8:45 pm    Post subject: Reply with quote

They have to give you 30 days notice before they terminate you.. They can't just show up one morning at your apartment and say" You're fired.. you have 30 minutes to pack up and get out.
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FastForward



Joined: 04 Jul 2011

PostPosted: Mon Sep 19, 2011 2:25 am    Post subject: Reply with quote

After you sign the contract and the recruiter tells you they accepted my signed contract and we are going to move forward, shouldn't I get a copy of their signature on the contract? The recruiter told me that typically a copy with both signatures is not given.....I would have no idea if they really signed the contract or not. Is this normal?
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DaHu



Joined: 09 Feb 2011

PostPosted: Mon Sep 19, 2011 2:49 am    Post subject: Reply with quote

FastForward wrote:
After you sign the contract and the recruiter tells you they accepted my signed contract and we are going to move forward, shouldn't I get a copy of their signature on the contract? The recruiter told me that typically a copy with both signatures is not given.....I would have no idea if they really signed the contract or not. Is this normal?


yes

I should say that the government gets a copy of it (that's why they can get you a visa #), so it's not like there's no one who knows about it
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Sep 19, 2011 2:50 am    Post subject: Reply with quote

cincynate wrote:
They have to give you 30 days notice before they terminate you.. They can't just show up one morning at your apartment and say" You're fired.. you have 30 minutes to pack up and get out.


Actually, during your probationary period (under labor law, the first 6 months of your employment) yes, they can and they do NOT have to give you 30 days notice but there ARE restrictions on evicting you from your from your residence.

http://www.moel.go.kr/

.
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FastForward



Joined: 04 Jul 2011

PostPosted: Mon Sep 19, 2011 2:53 am    Post subject: Reply with quote

DaHu wrote:
FastForward wrote:
After you sign the contract and the recruiter tells you they accepted my signed contract and we are going to move forward, shouldn't I get a copy of their signature on the contract? The recruiter told me that typically a copy with both signatures is not given.....I would have no idea if they really signed the contract or not. Is this normal?


yes

I should say that the government gets a copy of it (that's why they can get you a visa #), so it's not like there's no one who knows about it


I'm on a F4 visa, so they are not sponsoring my visa.
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jamesd



Joined: 15 Aug 2011
Location: Korea

PostPosted: Mon Sep 19, 2011 2:53 am    Post subject: Reply with quote

FastForward wrote:
After you sign the contract and the recruiter tells you they accepted my signed contract and we are going to move forward, shouldn't I get a copy of their signature on the contract? The recruiter told me that typically a copy with both signatures is not given.....I would have no idea if they really signed the contract or not. Is this normal?


Do you believe your recruiter?

I would have to say it's far from normal. You might be the next victim stranded at the airport.
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FastForward



Joined: 04 Jul 2011

PostPosted: Mon Sep 19, 2011 2:56 am    Post subject: Reply with quote

jamesd wrote:
FastForward wrote:
After you sign the contract and the recruiter tells you they accepted my signed contract and we are going to move forward, shouldn't I get a copy of their signature on the contract? The recruiter told me that typically a copy with both signatures is not given.....I would have no idea if they really signed the contract or not. Is this normal?


Do you believe your recruiter?

I would have to say it's far from normal. You might be the next victim stranded at the airport.


That is why I'm posting it on the message board. =) I do not believe my recruiter...So I'm making sure that I should be getting a copy of the contract showing the school signed and dated it. To me that sounds crazy that you would not get a copy. I could show up at the school and them tell me that they never signed the damn thing.
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jamesd



Joined: 15 Aug 2011
Location: Korea

PostPosted: Mon Sep 19, 2011 3:01 am    Post subject: Reply with quote

FastForward wrote:
jamesd wrote:
FastForward wrote:
After you sign the contract and the recruiter tells you they accepted my signed contract and we are going to move forward, shouldn't I get a copy of their signature on the contract? The recruiter told me that typically a copy with both signatures is not given.....I would have no idea if they really signed the contract or not. Is this normal?


Do you believe your recruiter?

I would have to say it's far from normal. You might be the next victim stranded at the airport.


That is why I'm posting it on the message board. =) I do not believe my recruiter...So I'm making sure that I should be getting a copy of the contract showing the school signed and dated it. To me that sounds crazy that you would not get a copy. I could show up at the school and them tell me that they never signed the damn thing.


And your airline ticket if it's not a public school contract.
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