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dcozzi
Joined: 31 Aug 2011
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 Posted: Wed May 30, 2012 4:55 am Post subject: School trying to change contract 8mths in - advice please |
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Hi,
So I'm writing this on behalf of a friend who, unfortunately, is having a hagwon nightmare. Lets start at the beginning. Her director took money from her for National Health Insurance and never signed her up for it. When she confronted him, he lied and said it was a mistake and he'd do it...he still hasn't 8 months into her contract. In terms of her pension, he lied about when she started so by the end of her contract it appears she never did a full year. She just found this out when she contacted the Pension Office.
Now, the issue that sparked her to investigate this was that he just told her that she needs to sign a new contract that cuts her pay by a large amount and refuses to give her an answer as to why her pay is cut. He's just told her (and the other teachers) that they have to sign it "or else". My friend is the only teacher who isn't frightened into silence by his scare tactics and she wants to do something about this.
What can she do? Who does she contract?
Any and all help is much appreciated! |
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some waygug-in
Joined: 25 Jan 2003
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| Posted: Wed May 30, 2012 5:30 am Post subject: |
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What should she do?
Not sign anything. He has no legal right to try and force this on anyone.
It would seem the school is going down and the guy is trying to save money.
My best guess is that even if she (and all the other teachers) agreed to this,
the school would still go broke after a few months and she would be losing pay.
I'm not sure anyone can do anything about it. He hasn't done anything
illegal by asking teachers to accept a lower wage. It would become illegal if he just started paying teaches less.
Tell her to stand her ground. Don't sign anything. Just keep working as if nothing has changed. She can't go to the labor board unless he has
actually shorted her pay.
Best of luck. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed May 30, 2012 8:08 am Post subject: |
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| What can she do? Who does she contract? |
Nothing you can do. They have every right to fire. If someone signs a new contract, that could be 20 months then total. So, obviously if the pay is not acceptable, don't sign it.
Be prepared to be fired and don't leave work until they pay for the final month. Check the contract to see if it can be argued the teacher is an employee and not an independent contractor. Collect on pension after the 1 month period.
If the employer does anything before the 1 month mark, call 1345 (Labor Board).
You can try to get a D10 or get new documents and go through the process again. Severance and airfare are not in the cards, so don't even gamble it. If possible, get a letter of release near the end of it all.
Fighting with them before the 1 month mark is not in your best interest, so don't do it. Apologize that you can't sign a new contract, don't make it sound like it is an unreasonable contract ("I am sorry, I can't possibly sign a new contract. I need to visit my family.") Make up whatever fits. |
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mj roach
Joined: 16 Mar 2003
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| Posted: Wed May 30, 2012 7:47 pm Post subject: |
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| For some leverage if things go from bad to worse....has he withheld tax money from your pay? Check with the tax office to see if he's paid taxes (at all or in full). Situations like this have been resolved by mention of a visit to the tax office. His worries (fines) with them are a lot more immediate than with the labor board or claims court. |
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Julius
Joined: 27 Jul 2006
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| Posted: Thu May 31, 2012 4:36 am Post subject: |
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| mj roach wrote: |
| For some leverage if things go from bad to worse....has he withheld tax money from your pay? Check with the tax office to see if he's paid taxes (at all or in full). Situations like this have been resolved by mention of a visit to the tax office. His worries (fines) with them are a lot more immediate than with the labor board or claims court. |
Right.
Your friend needs to threaten him (or better yet, his go-between supervisor) with the labor board, the tax office and so on. usually they fold at the first hint of confrontation. |
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