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The owner is going to break my contract, HELP!

 
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maxxx_power



Joined: 17 Mar 2003
Location: BWAHAHAHAHA! I'M FREE!!!!!!!

PostPosted: Mon Apr 28, 2003 10:55 pm    Post subject: The owner is going to break my contract, HELP! Reply with quote

I have heard that the owner of my Hogwan is going to break some stipulations in my contract in the coming weeks.

eg> My 2.0 minimum salary is going to be cut (because she is arguing that I will work less hours involuntarily)

- The hours I agreed to work in the contract are being extended from 9 am to 7:20 pm to after 9:30pm split throughout the day even though my contract states no split shifts

These are not nit picky things, I agreed to come to this position because of specific agreements in the contract...now those are changing without my consent.

What, if any, is the legal recourse for this? Will I have to follow all the procedures for a letter of release if the contract is broken or can I go to the labor board?

I'm worried that the owner will take revenge as she has a been known in the past to refuse payment at the end of the notice period and deduct exhorbitant amounts of money from other teachers.

I really like Korea so far but this situation seems to be extreme and I would like to stay on with a different school if possible.

Any advice/moral support would be greatly appreciated.

PS I also looted my personnel files and made copies of ALL the original documents the school signed in reference to me, contracts, etc...if that helps.
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Lost Seoul



Joined: 10 Jan 2003

PostPosted: Mon Apr 28, 2003 11:21 pm    Post subject: Reply with quote

As unfair as it maybe sadly there seems to be little you can do when a hagwon owner decides to cut your wages or change your hours, to my knowledge there is nothing in the Labor Standards Act that covers this sort of thing. Unless your wage is so low as to violate minimum wage laws (which I doubt it will). You may want to check The Labor Standards Act for yourself or even contact the Ministry of Labor to see if anything can be done http://www.molab.go.kr/English/ but I wouldn't be too optimistic. Sad

================
http://usembassy.state.gov/seoul/wwwh3550.html#Contracts
Foreign instructors in Korea occasionally have contract disputes with their employers. Many have observed that in the Korean context, a contract appears to simply be a rough working agreement, subject to change depending on the circumstances. Many Koreans do not view deviations from a contract as a breach of contract, and few Koreans would consider taking an employer to court over a contract dispute.


Instead, Koreans tend to view contracts as always being flexible and subject to further negotiation. Culturally, the written contract is not the real contract; the unwritten, oral agreement that one has with one's employer is the real contract. However, many employers will view a contract violation by a foreign worker as serious, and will renege on verbal promises if they feel they can.
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The Donkey



Joined: 21 Jan 2003
Location: Somewhere drinking, smoking and using foul language

PostPosted: Tue Apr 29, 2003 1:52 am    Post subject: Reply with quote

Check this topic out.
http://www.eslcafe.com/forums/korea/viewtopic.php?t=3825

Go for broke, find a new job
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The Great Wall of Whiner



Joined: 24 Jan 2003
Location: Middle Land

PostPosted: Tue Apr 29, 2003 9:38 am    Post subject: Reply with quote

maxxx_power wrote:

Quote:
I have heard that the owner of my Hogwan is going to break some stipulations in my contract in the coming weeks.


Crap.

Quote:
eg> My 2.0 minimum salary is going to be cut (because she is arguing that I will work less hours involuntarily)


Request a release ASAP. Tell her you did not come to Korea to work for peanuts.

Quote:
- The hours I agreed to work in the contract are being extended from 9 am to 7:20 pm to after 9:30pm split throughout the day even though my contract states no split shifts


Tell her straight up that if she breaks your contract, you do not consider her a realiable boss any longer and you want out.

Quote:
These are not nit picky things, I agreed to come to this position because of specific agreements in the contract...now those are changing without my consent.


Crap.

Quote:
What, if any, is the legal recourse for this?


She cannot do what she is doing.

Quote:
Will I have to follow all the procedures for a letter of release if the contract is broken or can I go to the labor board?


Both are workable.

Quote:
I'm worried that the owner will take revenge as she has a been known in the past to refuse payment at the end of the notice period and deduct exhorbitant amounts of money from other teachers.


Well, obviously she is not a realiable boss. Ask her is she knows what a blacklist is, and if she wants her school to be placed upon it for breaking contracts.

Quote:
I really like Korea so far but this situation seems to be extreme and I would like to stay on with a different school if possible.


It is possible, but it will be difficult and tax your patience.

Quote:
PS I also looted my personnel files and made copies of ALL the original documents the school signed in reference to me, contracts, etc...if that helps.


It helps very much actually.

Good luck.
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maxxx_power



Joined: 17 Mar 2003
Location: BWAHAHAHAHA! I'M FREE!!!!!!!

PostPosted: Tue Apr 29, 2003 2:32 pm    Post subject: Reply with quote

Thank you all so much for your help. I'm going to confront the owner directly today to determine what exactly they intend to do. Then politely give my notice of resignation.

Y'all gave me plenty of advice and I plan on using it today if it doesn't go as smoothly as I like.

Thanks again
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wormholes101



Joined: 11 Mar 2003

PostPosted: Thu May 01, 2003 6:49 pm    Post subject: Reply with quote

So how did the confrontation go?
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maxxx_power



Joined: 17 Mar 2003
Location: BWAHAHAHAHA! I'M FREE!!!!!!!

PostPosted: Thu May 01, 2003 7:55 pm    Post subject: Reply with quote

The boss yelled a lot and the director did not translate, so I guess that means they got the message.

They keep saying they will get back to me later (screw that!). My first paycheck is arriving soon and they'll have some hell to pay if they didn't heed my warning.

Overtaxing, 9% pension deduction pocketed and not returned, this is total BS. As far as Hogwans go this one is pretty bad. I'll post the name when I am free and clear.

Chalk it up to inexperience on my part...looks like I'll be finding a new job rather shortly.

I can't go into details, someone may be looking out on these boards.

Thanks for the advice y'all
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The Great Wall of Whiner



Joined: 24 Jan 2003
Location: Middle Land

PostPosted: Fri May 02, 2003 9:00 am    Post subject: Reply with quote

Quote:
Overtaxing, 9% pension deduction pocketed and not returned, this is total BS.


Yes. BS times a million.

Keeping money that belongs to you is called "theft". Lying about how much tax you have to pay and then keeping it for yourself is called "fraud".

Two English words your boss needs to learn and avoid in order to keep teachers happy.
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