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JJM30
Joined: 18 Feb 2013 Location: Toronto
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Posted: Sat Nov 23, 2013 10:22 pm Post subject: 1.5 Year Contract Question |
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Hi all,
I have been in Korea for three months now and have a 1.5 year contract with my hagwon. The last two months of my pay I have been receiving 2.1 million won instead of the 2.2 million won that is stated I should be receiving in my contract. I told the school about the mistake and they said they would get back to me. Skip to one week later and I had meeting with them last Friday. They said they were really sorry but they made an error in the contract and it should state 2.1 million won. They explained to me that all new foreign teachers should receive 2.1 million won and they even showed that all of the other teachers who signed one year are receiving 2.1 million won. I don't believe them that they made an error, I'm sure they wanted to sign someone on for 1.5 years at 2.2 get them over here and then make it like they made a mistake and see if I would go along with it.
I told them that the best option would be to make my contract 1 year and keep paying me at 2.1 million because ultimately I would rather have less pay than be locked into this 1.5 year contract. However, they wouldn't go for that option. The best thing they said they would do is pay me 6 months at 2.1 and then ONE YEAR at 2.2. So in the end they make it look better for them but they still have the upper hand as they are saving 6 months worth of pay, and not including contributions to pension etc.. It was Friday and I was tired and I went along with what they said but I wanted to think it through before going back and talking to them. I haven't signed anything else so technically this contract right now is void and nothing has changed.
I think my best options are 1: demand 2.2 million for the entire 1.5 years (and write up and get them to sign it)
2: demand a 1 year contract at 2.1 (and write it up and get them to sign it)
3: say I've thought about it and this contract is void I want a letter of release. They didn't stick to the terms of the contract. And look for other employment. If they won't give me letter of release, I will post on here about them and/or email the kids parents and tell them how they operate the school and how they treat employees.
Anyway any advice would be greatly appreciated.
Thanks! |
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Guajiro
Joined: 04 Dec 2008
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Posted: Sat Nov 23, 2013 11:02 pm Post subject: Re: 1.5 Year Contract Question |
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JJM30 wrote: |
Hi all,
I have been in Korea for three months now and have a 1.5 year contract with my hagwon. The last two months of my pay I have been receiving 2.1 million won instead of the 2.2 million won that is stated I should be receiving in my contract. I told the school about the mistake and they said they would get back to me. Skip to one week later and I had meeting with them last Friday. They said they were really sorry but they made an error in the contract and it should state 2.1 million won. They explained to me that all new foreign teachers should receive 2.1 million won and they even showed that all of the other teachers who signed one year are receiving 2.1 million won. I don't believe them that they made an error, I'm sure they wanted to sign someone on for 1.5 years at 2.2 get them over here and then make it like they made a mistake and see if I would go along with it.
I told them that the best option would be to make my contract 1 year and keep paying me at 2.1 million because ultimately I would rather have less pay than be locked into this 1.5 year contract. However, they wouldn't go for that option. The best thing they said they would do is pay me 6 months at 2.1 and then ONE YEAR at 2.2. So in the end they make it look better for them but they still have the upper hand as they are saving 6 months worth of pay, and not including contributions to pension etc.. It was Friday and I was tired and I went along with what they said but I wanted to think it through before going back and talking to them. I haven't signed anything else so technically this contract right now is void and nothing has changed.
I think my best options are 1: demand 2.2 million for the entire 1.5 years (and write up and get them to sign it)
2: demand a 1 year contract at 2.1 (and write it up and get them to sign it)
3: say I've thought about it and this contract is void I want a letter of release. They didn't stick to the terms of the contract. And look for other employment. If they won't give me letter of release, I will post on here about them and/or email the kids parents and tell them how they operate the school and how they treat employees.
Anyway any advice would be greatly appreciated.
Thanks! |
Are they paying into NHIC medical coverage and pension? Is your income tax deducted at the appropriate rate? Do you generally like your job otherwise?
If you answered no to the above questions, option three may be the best choice (or a more labour board-related variation of it).
If you are otherwise legally employed and enjoy your job, options 1 or 2 may be better. In my experience if one asks politely and consistently, and is a valued staff member, a positive result is the typical outcome. That said, if they still won't agree and you've been in Korea long enough to have passed the probation period (is it 3 months?) a labour board complaint may be worthwhile. |
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JJM30
Joined: 18 Feb 2013 Location: Toronto
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Posted: Sat Nov 23, 2013 11:54 pm Post subject: |
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Thank you very much for the response.
Yes they are paying into pension, medical coverage, tax rate.
And I generally enjoy working here but I really don't feel like I can trust them now. It has pretty much changed the dynamic of the place for me.
Out of all the options I would really have my contract reduced to one year, however they will probably be more favourable towards putting my rate back to 2.2 than changing the contract around. It only seems fair I should have a year contract since it isn't very common to have 1.5.
Thanks again |
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Daelim
Joined: 18 Jun 2011
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Posted: Sun Nov 24, 2013 2:26 am Post subject: |
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It actually does seem like a genuine mistake and if all the other 1st year teachers are getting 2.1 then it's likely they mistakenly put 2.2 in your contract.
IF it was ME, I would suck up the 100k and go along with 2.1 especially since it seems a nice place to work. You'll also gain lots of brownie points and perhaps get other benefits from your bosses for being understanding. (You could even negotiate something for the loss of 100k a month you thought you were getting)
Again, that's what I would do. |
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young_clinton
Joined: 09 Sep 2009
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Posted: Sun Nov 24, 2013 5:24 am Post subject: |
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They should have checked their contract. What company would make a mistake in the pay part of the contract? It's more likely they realize they can get new teachers at 2.1, and feel inconvenienced by your contract, so that's why they're making up a story about, 'they didn't mean to put 2.2 in the contract'. A good letter of reference from them for your future jobs is in order, or time to go to court when you get your next job. What's the statute of limitations on civil proceedings for something like this? That's how long you should at least receive good references from them. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sun Nov 24, 2013 5:30 am Post subject: |
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Yes, it may have been a mistake. But this is a small mistake and not some obvious mistake - like listing a new car for $2,000 instead of $20,000. It's reasonable for you to have relied upon the terms as written, so the school should honor them. It's not worth going to court over, however. You can accept the lower pay, or stand up for what you've agreed to and then you'll either get the money, quit or back down.
If it were me, I would be just peeved enough to quit over the 2.2 issue. If you're not ready to walk - cause you might have to walk, and they'll be able to tell if you're not - then this won't work.
I would tell the school that there's no way I'd have taken the job for 2.1 million, and if they can't pay me the 2.2 as agreed in the contract then I will have to quit. I'd give them a couple of days to agree. If they still didn't agree, I put this gentle but firm ultimatum in writing. If they still didn't agree, I'd put my resignation in writing, with the pay issue as the reason, and quit according to the terms of the contract - which would give them one last chance to follow the contract.
If they didn't come up with the 2.2 as promised, I'd be gone. |
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EZE
Joined: 05 May 2012
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Posted: Sun Nov 24, 2013 6:31 am Post subject: |
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Notice how it's never, "We made a mistake. We're supposed to pay you 2.3 instead of 2.2." These so-called mistake corrections are always to the benefit of the schools and to the detriment of the foreign laborers. |
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Nester Noodlemon
Joined: 16 Jan 2009
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Posted: Sun Nov 24, 2013 6:44 am Post subject: |
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EZE wrote: |
Notice how it's never, "We made a mistake. We're supposed to pay you 2.3 instead of 2.2." These so-called mistake corrections are always to the benefit of the schools and to the detriment of the foreign laborers. |
THIS ^ |
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littlelisa
Joined: 12 Jun 2007 Location: Seoul
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Posted: Sun Nov 24, 2013 6:51 am Post subject: |
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This is in a contract you already signed? They must pay 2.2. Done.
It sounds like they are testing you already to see how much they can get away with, but honestly, I am not there. If they are really very good in general, you could consider other options (like accepting 2.1 for 6 months). This depends on you. I would say no and demand the 2.2, personally, but I would be nice about it (Look, I'm really sorry, but I turned down another offer at a school that offered me 2.2 also in order to accept the job at this school. I really want to stay, but I don't think it's fair for me to change it now. Please understand my situation.) If you are polite and firm, they will accept, most likely. Stay polite! They may have made a mistake, they may not be trying to screw you over, but either way they should honour what they have told you. You have it in writing in an email anyway, I assume, probably several times, and also in the contract.
Good luck |
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JJM30
Joined: 18 Feb 2013 Location: Toronto
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Posted: Sun Nov 24, 2013 8:32 am Post subject: |
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Thanks for all the responses.
I totally think they have been testing me the last two months. I remember when they gave me the first pay stub, my employer asked me if there "was anything wrong" almost before I had a chance to look at it, which I thought was strange. Could have been just a general question but who knows.
Any further action I take will now change the nature of my relationship with the school I would assume, I mean if they agree to the terms of 2.2 they will probably now see my employ as an inconvenience. Or if they agree to make my contract only 1 year they will also see my employ at the school in a different light.
I would say this school is good but not very good hours are long, and the elementary part of the school is very poorly run. I'm almost tempted to just say given the recent circumstances I feel it is in my best interest to look for other employ and would like a letter of release. I'm not going to rush the decision, will think this over.
Now if I were to go that route and want to secure other employment here, I need that letter of release before anything further can happen, yes?
thanks again |
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wooden nickels
Joined: 23 May 2010
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Posted: Sun Nov 24, 2013 9:15 am Post subject: |
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JJM30 wrote: |
Thanks for all the responses.
I totally think they have been testing me the last two months. I remember when they gave me the first pay stub, my employer asked me if there "was anything wrong" almost before I had a chance to look at it, which I thought was strange. Could have been just a general question but who knows.
Any further action I take will now change the nature of my relationship with the school I would assume, I mean if they agree to the terms of 2.2 they will probably now see my employ as an inconvenience. Or if they agree to make my contract only 1 year they will also see my employ at the school in a different light.
I would say this school is good but not very good hours are long, and the elementary part of the school is very poorly run. I'm almost tempted to just say given the recent circumstances I feel it is in my best interest to look for other employ and would like a letter of release. I'm not going to rush the decision, will think this over.
Now if I were to go that route and want to secure other employment here, I need that letter of release before anything further can happen, yes?
thanks again |
I believe in keeping a good work relationship, but this is business. It might be a typo in the contract, it might not be. If it is a mistake, the school should be responsible for the mistake. But the school is asking you to bend over and take it instead of them. Guess what. If the con works on you, the next smuck that walks through the door will also get the ( guess which cup the ball is under trick ) played on him also.
Most likely the school is playing you for a sucker. Schools don't have these greasy reputations for nothing. The probably knew what was in the contract and what they offered you. If they had made a big error like an extra [0] on the end of the salary amount it would be understandable. But odds are high they offered you 2.2 with full intentions of paying you 2.1. This trickery is not as common as scheming on taxes and such, but this isn't the first time this switch-a-roooo has been pulled.
Do what you think is in your best interest.
I would be getting my 2.2 or I would be at the labor board getting released from this job. I didn't come here to make friends with the boss so I could date his daughter. I came here to make money. Business, strictly business. Got to draw the line somewhere. |
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nicwr2002
Joined: 17 Aug 2011
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Posted: Mon Nov 25, 2013 7:17 am Post subject: |
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JJM30 wrote: |
Thank you very much for the response.
Yes they are paying into pension, medical coverage, tax rate.
And I generally enjoy working here but I really don't feel like I can trust them now. It has pretty much changed the dynamic of the place for me.
Out of all the options I would really have my contract reduced to one year, however they will probably be more favourable towards putting my rate back to 2.2 than changing the contract around. It only seems fair I should have a year contract since it isn't very common to have 1.5.
Thanks again |
If they are doing that, then just accept their deal and get paid 2.2 for one year. The other option is that they just fire you and then you have no money. |
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