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After School Program "Canceled" My Contract
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butimshy



Joined: 31 Aug 2013

PostPosted: Wed Apr 02, 2014 3:05 am    Post subject: After School Program "Canceled" My Contract Reply with quote

Okay.

I started working for an after school program on March 17th. My E2 from my previous hagwon was still valid until March 23rd. On March 22nd I went with my boss to Seoul Immigration and applied for an extension for my E2. My boss basically did all the talking and they took my card and said I would get it back next week (we went on a Friday).

A week goes by and I still don't have my card. I called immigration multiple times and they just said "the transfer isn't finished, you just need to wait".

Today, I get this e-mail:

Hi,
This is ***** at Brown.
You are rejected your visa extension by the immigration.
The law are changed strict, so we can not hire you anymore.
I am sorry to say like this.
So you have to transfer your visa to D10.
It is "looking for the job" visa. and it has 6 months.
you have to find out the other jobs like institute.
I think you can not work in the after school program because the law is changed and please let me know when can you finish in *******.
you should go to the immigration soon and you transfer your visa without waiting #3 counter as your memo from the immigration
the manager's name is Yang Soyoung (양소영)
I am sorry again and get you better job.


Apparently they hired me without knowing they can't hire E2 teachers. They said they had to fire all their current E2 teachers and replace them with gyopos. I've already signed the contract, moved into a new apartment with a 5k deposit, bought furniture, etc.

What can I do? Should I call a lawyer?

Thanks.
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beentheredonethat777



Joined: 27 Jul 2013
Location: AsiaHaven

PostPosted: Wed Apr 02, 2014 5:26 am    Post subject: Re: After School Program "Canceled" My Contract Reply with quote

butimshy wrote:
Okay.

I started working for an after school program on March 17th. My E2 from my previous hagwon was still valid until March 23rd. On March 22nd I went with my boss to Seoul Immigration and applied for an extension for my E2. My boss basically did all the talking and they took my card and said I would get it back next week (we went on a Friday).

A week goes by and I still don't have my card. I called immigration multiple times and they just said "the transfer isn't finished, you just need to wait".

Today, I get this e-mail:

Hi,
This is ***** at Brown.
You are rejected your visa extension by the immigration.
The law are changed strict, so we can not hire you anymore.
I am sorry to say like this.
So you have to transfer your visa to D10.
It is "looking for the job" visa. and it has 6 months.
you have to find out the other jobs like institute.
I think you can not work in the after school program because the law is changed and please let me know when can you finish in *******.
you should go to the immigration soon and you transfer your visa without waiting #3 counter as your memo from the immigration
the manager's name is Yang Soyoung (양소영)
I am sorry again and get you better job.


Apparently they hired me without knowing they can't hire E2 teachers. They said they had to fire all their current E2 teachers and replace them with gyopos. I've already signed the contract, moved into a new apartment with a 5k deposit, bought furniture, etc.

What can I do? Should I call a lawyer?

Quote:
A lawyer won't be able to help you.
I'm sorry this has happened to you
Thanks.

My advice is try to quickly try to find another job near your apartment.
At least they are willing to give you a D-10. It could have been even more
dreadful, if immigration had denied a D-10 and gave you orders to leave the country. The signed contract is useless and means nothing if it is not validated by Korean Immigration Office. As far as the apartment is concerned, if you no longer want to live there, you could pay to break the lease but I'm not sure how that would help you in the midst of this unfortunate situation. I wish I could have rendered more useful information.
oh, plus, I think the email said you have to find another job in a institute, not public school setting, without having to get all new set of documents.
I think that is what he talking about with immigrations rules. hogwan to hogwan= easy automatic transfer. hogwan to public school/after school=new set of documents. He is correct that the laws have changed.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Apr 02, 2014 3:30 pm    Post subject: Reply with quote

It sounds like the employer is NOT qualified to hire "foreign" staff.

A lawyer will do nothing but lighten your pocket since it is YOU who cannot get a visa and are thus unable to complete the terms of the contract to work for the employer. (the visa is YOUR responsibility and NOT the employer's).

Quickly get a D10 application going (before you turn into a pumpkin and get an exit order or dinged for an overstay).

Find a new job (hagwon or PS job).
Then you can deal with your housing issues (after you get into your new job).

.
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Smithington



Joined: 14 Dec 2011

PostPosted: Wed Apr 02, 2014 4:04 pm    Post subject: Reply with quote

Typical Korean incompetence. One hand not knowing what the other is doing. Getting the facts together at the very last possible moment, and leaving the foreigner in a situation. Typical, typical, typical. Now you even have to move out of your apartment and begin your job search. If they'd given you the correct information up front you could have already found a new job. Now you have to pay for a D-10 and pay again when transferriung it back to an E-2.

How this country ever accomplished anything I'll never know. Anyway, make sure you get paid for the extra days that you worked.

Korea Sparkling.
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augustine



Joined: 08 Sep 2012
Location: México

PostPosted: Wed Apr 02, 2014 6:06 pm    Post subject: Reply with quote

A very similar thing happened to me at my first AS job in gangnam (Seo-il-f-u). The company split with the school, then I worked directly for the school but had to find a new place since I'd taken the company's housing allowance. They said my job was secure, I threw down a big chunk of change for my new apartment, then a week or so later, out of nowhere, I was given 30 days notice and almost all of the blame.

Here's what I did. Almost all after school programs are doing something illegal to line their pockets. I took the attendance sheets with all of the parent's phone numbers on them, and told them that my gf was going to call every person on there and explain how their kid's school was stealing money from them, unless they found me a new AS job and gave me money for the enormous screw job they were trying to pull on me. And it worked.

I also did a similar thing before that at the first and only hagwon I worked at 4 months in, as well as at the last AS job I had last year. I shredded the last company when things hit the fan, and got them to double the severance and pay me an extra month's salary, on top of the full salary for that month even though I only worked maybe a week or two of it. They were so scared of me that I didn't even know that my last day was my last day until it was over. The company lady walked me to the atm, transferred all of that money to me, and was like, "Ok? Please sign this and never come back". You got it. I'm not a psycho or anything, it just always worked, and I hate being lied to and cheated. Four jobs with three entities and probably around $10k total extorted from the three combined, plus the the extra paid vacation that awarded me. Augustine's fees for denial of health care and pension.

Never went to the labor board and didn't even really know what I was threatening them with most of the time, but they always freaked out and caved. Something to consider if you're still showing up for work there, got a little 3.3% bs in your contract, and are feeling bold. Good luck, that apartment will work in your favor if you're in a convenient location. Don't take no shit.

I'm curious about why they kept your arc though, I did three transfers and never remember that happening...
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Jongno2bucheon



Joined: 11 Mar 2014

PostPosted: Wed Apr 02, 2014 7:38 pm    Post subject: Reply with quote

augustine wrote:


Here's what I did. Almost all after school programs are doing something illegal to line their pockets. I took the attendance sheets with all of the parent's phone numbers on them, and told them that my gf was going to call every person on there and explain how their kid's school was stealing money from them, unless they found me a new AS job and gave me money for the enormous screw job they were trying to pull on me. And it worked.

I also did a similar thing before that at the first and only hagwon I worked at 4 months in, as well as at the last AS job I had last year. I shredded the last company when things hit the fan, and got them to double the severance and pay me an extra month's salary, on top of the full salary for that month even though I only worked maybe a week or two of it. They were so scared of me that I didn't even know that my last day was my last day until it was over. The company lady walked me to the atm, transferred all of that money to me, and was like, "Ok? Please sign this and never come back". You got it. I'm not a psycho or anything, it just always worked, and I hate being lied to and cheated. Four jobs with three entities and probably around $10k total extorted from the three combined, plus the the extra paid vacation that awarded me. Augustine's fees for denial of health care and pension.

Never went to the labor board and didn't even really know what I was threatening them with most of the time, but they always freaked out and caved. Something to consider if you're still showing up for work there, got a little 3.3% bs in your contract, and are feeling bold. Good luck, that apartment will work in your favor if you're in a convenient location. Don't take no shit.

I'm curious about why they kept your arc though, I did three transfers and never remember that happening...


Dood, you are my new idol. Haha

Nice.
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radish kimchi



Joined: 20 Mar 2014

PostPosted: Wed Apr 02, 2014 8:31 pm    Post subject: Reply with quote

Quote:
My E2 from my previous hagwon was still valid until March 23rd.

Quote:
I've already signed the contract, moved into a new apartment with a 5k deposit, bought furniture, etc.


You can't call a lawyer to get you out of a bad Las Vegas gambling night, and you certainly can't expect one here. You decided to gamble knowing your visa was good until the 23rd of March.

Luckily, this was in Seoul. You can probably get another job and commute. Get your D-10 and do what you can. Better luck next time. Don't gamble. Get FURNISHED housing. If you are on a E2 you shouldn't get your housing until you have your visa issues straightened out.
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Los Angeloser



Joined: 26 Aug 2010
Location: Korea

PostPosted: Wed Apr 02, 2014 9:25 pm    Post subject: Re: After School Program "Canceled" My Contract Reply with quote

beentheredonethat777 wrote:
butimshy wrote:
Okay.

I started working for an after school program on March 17th. My E2 from my previous hagwon was still valid until March 23rd. On March 22nd I went with my boss to Seoul Immigration and applied for an extension for my E2. My boss basically did all the talking and they took my card and said I would get it back next week (we went on a Friday).

A week goes by and I still don't have my card. I called immigration multiple times and they just said "the transfer isn't finished, you just need to wait".

Today, I get this e-mail:

Hi,
This is ***** at Brown.
You are rejected your visa extension by the immigration.
The law are changed strict, so we can not hire you anymore.
I am sorry to say like this.
So you have to transfer your visa to D10.
It is "looking for the job" visa. and it has 6 months.
you have to find out the other jobs like institute.
I think you can not work in the after school program because the law is changed and please let me know when can you finish in *******.
you should go to the immigration soon and you transfer your visa without waiting #3 counter as your memo from the immigration
the manager's name is Yang Soyoung (양소영)
I am sorry again and get you better job.


Apparently they hired me without knowing they can't hire E2 teachers. They said they had to fire all their current E2 teachers and replace them with gyopos. I've already signed the contract, moved into a new apartment with a 5k deposit, bought furniture, etc.

What can I do? Should I call a lawyer?

Quote:
A lawyer won't be able to help you.
I'm sorry this has happened to you
Thanks.

My advice is try to quickly try to find another job near your apartment.
At least they are willing to give you a D-10. It could have been even more
dreadful, if immigration had denied a D-10 and gave you orders to leave the country. The signed contract is useless and means nothing if it is not validated by Korean Immigration Office. As far as the apartment is concerned, if you no longer want to live there, you could pay to break the lease but I'm not sure how that would help you in the midst of this unfortunate situation. I wish I could have rendered more useful information.
oh, plus, I think the email said you have to find another job in a institute, not public school setting, without having to get all new set of documents.
I think that is what he talking about with immigrations rules. hogwan to hogwan= easy automatic transfer. hogwan to public school/after school=new set of documents. He is correct that the laws have changed.


If you want you could file a complaint at the labor ministry since they don't care about your visa status and will not contact Immigration. They uphold the labor law and signed contracts between employers/employees. See what happens, try to get 30 days pay or the length of the contract? It sounds like the employer and/or Immigration is messing with you. Find out why they can't sponsor E-2 visa holders and why they didn't know they couldn't in the first place and went to Immigration and applied for your visa in the first place? I once filed a labor complaint and Immigration denied my visa simply because of that. Immigration told me that if I dropped my labor complaint then and only then could I get an E-2(they blackmailed me on behalf of the Korean employer). File a complaint at the labor ministry, at the least your employer should be fined for what they've done to you/reneging on the contract.

You can file a labor complaint online in English(in Korea dial 02-1350 for English) to speak to someone in Eng.
http://www.moel.go.kr/english/main.jsp
Click 'Service and Information,' under that click FAQ, then on the left click 'Worker' where you can ask a public/private question online or under 'E-Application' click 'Online Petition & Discussion' and click...
1. Access homepage of e-people(http://www.epeople.go.kr) and you can see the below screen.
Then look for the 'English'/British flag or 10 other flags/languages. The follow directions or enter information/complaint/"petition."
http://www.epeople.go.kr/jsp/user/on/eng/FrnPcCvreqForm.jsp
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu Apr 03, 2014 3:39 pm    Post subject: Re: After School Program "Canceled" My Contract Reply with quote

Quote:
If you want you could file a complaint at the labor ministry since they don't care about your visa status and will not contact Immigration. They uphold the labor law and signed contracts between employers/employees. See what happens, try to get 30 days pay or the length of the contract?...



This will only work if he has been there six months or longer. From his OP it sounds that he's been there less than a month.

From the Korean Labor Standards Act


Quote:
Article 32 (Advance Notice of Dismissal)

(1)An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose...



Quote:
Article 35 (Exception of Advance Notice of Dismissal)

The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:

1. a worker who has been employed on a daily basis for less than three consecutive months;
2. a worker who has been employed for a fixed period not exceeding two months;
3. a worker who has been employed as a monthly-paid worker for less than six months ;
4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and
5. a worker in a probationary period


(bolding mine)
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Sesame



Joined: 16 Mar 2014

PostPosted: Thu Apr 03, 2014 4:31 pm    Post subject: Reply with quote

lol I can work for after school companies because im F6. sucks to be you op.
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Lucas



Joined: 11 Sep 2012

PostPosted: Thu Apr 03, 2014 5:37 pm    Post subject: Reply with quote

Quote:
lol I can work for after school companies because im F6. sucks to be you op.


I've seen your wife, I'd rather have my E2 thanks! Embarassed
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Overture1928



Joined: 12 Jan 2014

PostPosted: Sat Apr 05, 2014 8:20 am    Post subject: Re: After School Program "Canceled" My Contract Reply with quote

butimshy wrote:
Okay.

I started working for an after school program on March 17th. My E2 from my previous hagwon was still valid until March 23rd. On March 22nd I went with my boss to Seoul Immigration and applied for an extension for my E2. My boss basically did all the talking and they took my card and said I would get it back next week (we went on a Friday).

A week goes by and I still don't have my card. I called immigration multiple times and they just said "the transfer isn't finished, you just need to wait".

Today, I get this e-mail:

Hi,
This is ***** at Brown.
You are rejected your visa extension by the immigration.
The law are changed strict, so we can not hire you anymore.
I am sorry to say like this.
So you have to transfer your visa to D10.
It is "looking for the job" visa. and it has 6 months.
you have to find out the other jobs like institute.
I think you can not work in the after school program because the law is changed and please let me know when can you finish in *******.
you should go to the immigration soon and you transfer your visa without waiting #3 counter as your memo from the immigration
the manager's name is Yang Soyoung (양소영)
I am sorry again and get you better job.


Apparently they hired me without knowing they can't hire E2 teachers. They said they had to fire all their current E2 teachers and replace them with gyopos. I've already signed the contract, moved into a new apartment with a 5k deposit, bought furniture, etc.

What can I do? Should I call a lawyer?

Thanks.


Ahh man I think 양소영is the girl with short wavy hair and round glasses on the second floor. She can be really strict. Have fun.
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Stephen Ireland



Joined: 22 Apr 2010

PostPosted: Wed Apr 09, 2014 4:34 am    Post subject: Reply with quote

From what I gather, it's not exactly true that native teachers aren't allowed to work in After School Programs. I know somwone who works in an after school program and her native teacher had no problem getting a visa transfer.

The new regulation calls for the school to sponsor the native teacher rather than the after school company. I've heard of a case similar to yours at an after school program. They told the native teacher what they said to you but that was basically a lie. Apparently, at the native teacher's previous school there was an allegation of "touching" a girl. Of course, the allegation was dropped but the new school found out and decided not to sponsor him.

Like I said, there are sometimes other reasons for these things.
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watergirl



Joined: 01 Jul 2008
Location: Ansan, south korea

PostPosted: Fri Apr 18, 2014 2:18 pm    Post subject: Reply with quote

Hi

It has always been (well, for awhile anyways) that the public school officially 'sponsors' the foreigner visa in after school programs. (E2 foreigners) that is.
You sign the contract with the after school co. and the PS and you know the co is your employer, but you also sign a contract with the PS and this is the one at immigration.
It is quite strange because everyone seems to know what's going on, but it could be that immigration has started to crack down on this situation.
Just curious, what after school co do you work for?
By the way, I always hear rumours about the potential cancelling of foreigner's ability to work in aftershool programs. I'd say for the last two years I've worked here. But, there are many e2 visas working in after schools now, anyways.
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reminiscink



Joined: 14 Apr 2014

PostPosted: Tue Apr 29, 2014 6:41 pm    Post subject: Reply with quote

Contact FLAg Association at 070.7525.4347.

Last edited by reminiscink on Sun Jul 06, 2014 6:11 pm; edited 1 time in total
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