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Should we agree to new work conditions?

 
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amyjane



Joined: 24 Sep 2005
Location: SEOUL

PostPosted: Sun Sep 25, 2005 7:57 pm    Post subject: Should we agree to new work conditions? Reply with quote

We are a couple of teachers who came to Korea to find a nice school and good pay, we thought we found an excellent school and were happily teaching and having fun for three weeks, we were then told that the school had a new director but the school name working conditions etc would remain the same, within the two months the school gradually changed everything, including the school name. we signed a contract with the new director which was exactly the same as the old contract, including the school name. The school name isn't even the same anymore, are we working legally?

The director despite saying 'no changes' has changed the school name and the school is now a popular franchise, he has increased our 'unpaid' work. We asked for a new contract and slight increase in pay due to the extra work and the fact that our contract is under a different school name. We thought it would be fair to make a new agreement of work conditions as we were now working for a different school with a lot more extra work. He made loads of excuses why he couldn't, shouted at all the teachers then eventually when we threatened to leave if it wasn't sorted
he presented us with a ridiculous contract that included phone teaching, prep work, weekend work unpaid and compulsory, extra activities, less time for lunch. He has offered us 2.0 million instead of 1.9 for the phone teaching which we think (due to what we read about phone teaching) is unreasonable. The new contract now states that phone teaching is open ended and can changed any time.

The new contract is open ended hours and work for no extra pay and states that severance pay is discretionary, the phone teaching is also open ended. We also have to pay him money 20,000 if we're off work due to 'personal reasons', the list is endless.

We are going to refuse to sign the new contract but are in a bad situation now and really need some advice as to what to do.

The old Director made it clear to the Korean teacher that she would not give us a letter of release as it would make them look bad. We don't even know who we're meant to get a letter of release from because they just lie to us when we ask.

Our old contract states our working hours, lunch break, optional weekend work paid as overtime. We have a meeting on tuesday in which the director is expecting us to sign this ridiculous contract. The new director signed the contract but said he will not run his buisness the same way as the old school as its bad buisness, even though he signed the contract (i dont think he actually read it) We are the only two foreigners working at the school. Two Korean teachers have left already and two more have handed in their notice.

Any advice would be much appreciated. We are very confused as to what to do. We came to Korea (paid for our own flight etc to find a good school and everything is going wrong. We really dont want to go home yet (financial reasons as well as pride) our apartment is nice and we have made friends with the korean teachers but we dont want to be treated like slaves. We're not even sure if we left if we could get another job due to the visa issue. We have 8 months left till the end of the contracted year. Any advice would be much appreciated!!!
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dulouz



Joined: 04 Feb 2003
Location: Uranus

PostPosted: Sun Sep 25, 2005 8:22 pm    Post subject: Reply with quote

I would say the contract is not valid. I want to send you to Immy to explain but the first floor isn't helpful outside a few narrow areas of responsibility the second floor gets tired of being a go to place for problems.

You signed two contracts, one at the first business, one at the second that was the same and now they are squeezing you for the third that is much less desirable.

I think you are not working legally since the info on the visa paperwork is different from the work information you have now. You can ask the first floor people where you can work ask them for the name, address and business number. If they dont exactly match you visa/work permit info, you can't work there. If the business entity changed, they need to get you a new visa. You need one.

Put a post of EFL-Law, you'll get 3 or 4 responses. After you read each one, the information that is repeated is the info that is most likely valid.

Go to the labor board and try to get a release.

That is your excuse to not go to work. You are however living in their apt so they can come and roust you.
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magicwolfman



Joined: 01 Sep 2005

PostPosted: Sun Sep 25, 2005 8:39 pm    Post subject: Reply with quote

Didnt like the responses coming from this post?

http://www.eslcafe.com/forums/korea/viewtopic.php?t=45151
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Mon Sep 26, 2005 2:03 pm    Post subject: Reply with quote

Make a quick call to one of the Korean teachers and ask them to call Immi for you. Ask what your legal status is. I would not want to sign that new contract.
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BigBlackEquus



Joined: 05 Jul 2005
Location: Lotte controls Asia with bad chocolate!

PostPosted: Mon Sep 26, 2005 3:32 pm    Post subject: Reply with quote

magicwolfman wrote:
Didnt like the responses coming from this post?

http://www.eslcafe.com/forums/korea/viewtopic.php?t=45151


Yeah, this is not like getting a 2nd opinion from a doctor. It's more like getting a 1st and 2nd opinion from different relatives about the possiblity that you may have a disease.

Go to immigration. They are the doctor that cures (and causes) all ills in such situations.
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lastat06513



Joined: 18 Mar 2003
Location: Sensus amo Caesar , etiamnunc victus amo uni plebian

PostPosted: Mon Sep 26, 2005 3:55 pm    Post subject: Reply with quote

First and foremost~ Did you sign the second contract?

Don't....

You are only reliable to work for the school that brought you over here and what it on your work visa, that's all.

If they won't give you a release letter, then go to immigrations and tell them your situation, I think they might be able to help. Because a new school name means brand new school and brand new contract and conditions (they will just ammend the info to your old E2)

If not, go to the Labor Board with the old contract and the new one. Tell them that the employer is not living up to his original obligation. And if all of you go, you might be able to get what you want.

Just don't sign the contract until you talk to someone first. You are part of their business, they need you. It would cost alot to replace the lot of you, so don't view yourself as simply expendable.
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amyjane



Joined: 24 Sep 2005
Location: SEOUL

PostPosted: Tue Sep 27, 2005 3:24 am    Post subject: Update Reply with quote

Well, we had the meeting and told him we would not sign the new contract. We wrote it all down and told him we wanted all our work conditions and time etc to remain the same (fair enough i think) All he was concerned about was the fact we said no to phone teaching. He said he would pay us more money etc but we said it wasn't about the money it was about the time and hassle. We told him that we had made our condition clear which includes no phone teaching. He is going to think about it and tell us what he thinks next week. I have no idea what's going to happen,. He'll probably sack us!! Confused Sad
He has no idea about the immigration law or contract etc He seemed genuinely worried. I feel kind of sorry for him.. Confused
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Tue Sep 27, 2005 4:19 am    Post subject: Reply with quote

Quote:
I feel kind of sorry for him..



Try to get over that feeling. Quick.

You signed a year-long contract that surrenders your freedom. He wants to change the terms of the agreement in a way that is unsatisfactory to you.
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