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contract dispute
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Jayme Upsa



Joined: 26 Nov 2005

PostPosted: Wed Nov 30, 2005 8:49 pm    Post subject: contract dispute Reply with quote

My director wants to move me temporarily (1 month) to another school to fill a hole left by a departing instructor. This would leave the school for which I normally teach with two korean teachers handling three sets of classes. This is not in my contract, and I'm not consenting. I've been here three months, and have been agreeable, almost to a fault. My housing situation has been complicated, my health insurance absent (I'm still trying to get it) I get paid late, after much prodding, and I've been relatively understanding, as his mother is in the hospital (which I guess gives him reason do absolutely nothing) I'm refusing to just do what he says. Being frustrated with the situation, I've looked more carefully at my contract, and have started to ask him about the amount of taxes he's withholding (contracted at 5%) and if they will cover the labor and residence tax that will arise if I join the national health care plan (He's suggested ACE American Insurance company, though it seems a flimsy policy--anybody have this?). I've implied that since his moving me is outside of the contract, that I would like something else outside the contract if I were to consent. He's accusing me of being "too aggressive" and trying to get more when I shouldn't. The other teachers and employees, though they have complained, say that "maybe you will go to the other school." Which I believe means that I will go there.

I'm afraid now that if I just consent, I will appear a weak pushover.

Am I being unreasonable? Help!
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bellum99



Joined: 23 Jan 2003
Location: don't need to know

PostPosted: Wed Nov 30, 2005 9:01 pm    Post subject: Reply with quote

Illegal.....he can't just move you to another school because your visa is for the first school. You can be deported and/or fined. You could get into big trouble for doing it. Explain that this is the reason you can't and won't do it.
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antoniothegreat



Joined: 28 Aug 2005
Location: Yangpyeong

PostPosted: Wed Nov 30, 2005 9:25 pm    Post subject: Reply with quote

i have found that while their requests seem absurd, dont be rude in your answer. tell him politely why you cant (see above) and tell him you understand his situation and want to help, but you would really be putting yourself in danger. but obviously refuse.
about the insurance, i have no idea what he is takling about, there is a national healthcare system which should take about 50,000 from your salary, that is it. and you should bring up pension if you are american or canadian. when you leave, you get your money back from pension (from korea, not leave that job) so he is supposed to match what you put in it, so if he isnt, he is essentially stealing from you. note this only makes a difference if you are canadian or american, if you aren't then avoid pension, as you wont get your money back.
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howie2424



Joined: 09 Jan 2003

PostPosted: Wed Nov 30, 2005 9:30 pm    Post subject: Reply with quote

On the moving issue, Bellum is quite correct, what he is asking you to do is, in the absence of immigration's permission in the form of an addendum on your ARC permiting you to work at a second location, utterly illegal. Simply explain to your owner that you would love to accomodate him, however, the laws of his country preclude it. End of story.
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Jayme Upsa



Joined: 26 Nov 2005

PostPosted: Thu Dec 01, 2005 1:34 am    Post subject: Reply with quote

The pension is not in my contract, and as it's costs him more than a little, I understand why he is averse to it. I was going to offer to pay the 9% myself, because after I leave, it is my money and I get it all back (american citizen). It seems no other hagwons in this city provide pension or even national healthcare, though he and one other director are the only ones who have talked to me about it. None of the other foreigners seem to know anything about pension and few if any have healthcare. Would offering to pay the 9% be too much? Should I push for it, though it may cause a poor working relationship later?
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bellum99



Joined: 23 Jan 2003
Location: don't need to know

PostPosted: Thu Dec 01, 2005 2:03 am    Post subject: Reply with quote

What???? Don't offer to pay it yourself.....that is insane. He must and should pay the pension if he is reqired to do so. Also, you must have healthcare. Be calm and patient when you talk to him but explain the situation and be firm. Be careful in Korea...if you seem to nice and you give an inch..then they push for a mile.
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Jayme Upsa



Joined: 26 Nov 2005

PostPosted: Thu Dec 01, 2005 5:39 am    Post subject: Reply with quote

Too little too late, I was very accomodating in the beginning. He seemed like a nice, benevolent boss . . .
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Dec 01, 2005 7:36 am    Post subject: Reply with quote

Jayme Upsa,

The pension is not in your contract. That's good for you. Just save your own money in the bank and keep it. Do not pay the 9% yourself. You would have to give it to him. He would have to pay it in. Then you have to apply to get it back again. Too many chances for the money to disappear.

If health insurance is in your contract, you should insist on the National Health Insurance. You will have to pay the insurance retroactively to the month you began working so insist on it now. If it's not in your contract, insist on the health insurance anyway. You can tell him that it's really important to you, that you will expect him to pay your medical bills if you don't have insurance, and that insurance is really all you care about even though the pension might be legally required you don't care but you'd hate to have to call the labor board to get insurance and pension when all you really want is insurance.

Moving to the other school might be good for you. It could be a better place to work. But you have to get the change noted on your ARC by Immigration. Tell the boss that you might consider moving if it's done legally, but you REALLY want your insurance, and to get paid on time etc.

Be reasonable about changing locations. But, don't teach illegally even for one day. And push for insurance and whatever else is really important. Be very polite and FIRM.
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jacl



Joined: 31 Oct 2005

PostPosted: Thu Dec 01, 2005 7:37 am    Post subject: Reply with quote

You can't continue on there like this. That's just ridiculous. Your boss is being a *beep*. He'll say, "Not in Korea, blah, blah, blah." Stick up for yourself! Pay the whole 9% yourself? Why the hell would you do that? Get a grip. Wipe the yellow streak of your back.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Dec 01, 2005 7:44 am    Post subject: Reply with quote

One more thing. The insurance is easy to get and cheap. But your boss didn't. He's paying you late. He's got unfilled teaching spots. Keep your eyes and ears open for other clues (lack of supplies, calls or visits from collectors, boss constantly absent). These are all warning signs of a pending financial meltdown.
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Dec 01, 2005 7:49 am    Post subject: Reply with quote

Keep some things in mind.

Health care is retroactive...so if you start paying now you will have to make up all the payments from when you first entered Korea.

As far as I know once you start paying health insurance the pension office is automatically notified and will come knocking as well...so the pension thing is something not to worry about.

Pay the whole 9% yourself Shocked thats crazy talk!

Tell your boss that you will not work anywhere else without permission on your ARC from immigration.

How long have you been working there? It sounds like a pretty bad situation to me.
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joe_doufu



Joined: 09 May 2005
Location: Elsewhere

PostPosted: Thu Dec 01, 2005 7:51 am    Post subject: Reply with quote

Tell him the following:

You can't work at the other place because it's against the law.
[unless you want to!]

He must pick an insurance plan now. You'll probably have to pay retroactively for the months you've already been here, and you receive no retroactive coverage so you expect him to pay the full amount of "back payments".
[you probably won't get this. but you can 'concede' to pay the back payments 50/50, if he gives you something else in the negotiation]

You have heard from another teacher that the law requires you to pay pension, and you don't want to do anything illegal, so would he please look into the matter for you?
[he will come back and say no problem, you don't have to pay pension... just flash him a knowing smile... the effect is he'll be warned that you've got the dirt on him. if this doesn't intimidate him much, you might also ask him when is tax time in Korea and how can you get a record of how much tax you've paid from the tax office?]

You expect to be paid on time. Certainly if you are paid late this month, he should pay you on time next month. You are willing to be reasonable if he's having a hard month, but this only goes so far.

DO NOT:
- apologize
- take a deep breath and say meekly "hi mister kim, i'm sorry, but i have something i've got to say"
- blink first if he makes eye contact
- lose your temper
- lie

Just deliver the messages as if they were perfectly ordinary and reasonable, which they are. Put it in a letter if you can't work up the nerve to speak.

Negotiation is much less painful after the first time. Remember to relax and enjoy it.
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Dan The Chainsawman



Joined: 05 May 2005

PostPosted: Thu Dec 01, 2005 5:41 pm    Post subject: Reply with quote

You make it sound so much like something else Joe.
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joe_doufu



Joined: 09 May 2005
Location: Elsewhere

PostPosted: Thu Dec 01, 2005 5:45 pm    Post subject: Reply with quote

Dan The Chainsawman wrote:
You make it sound so much like something else Joe.


You mean when I said "Negotiation is much less painful after the first time. Remember to relax and enjoy it."? Well, isn't that a sort of negotiation, too?
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Kyrei



Joined: 22 Jan 2003

PostPosted: Thu Dec 01, 2005 6:30 pm    Post subject: Reply with quote

joe_doufu wrote:
Dan The Chainsawman wrote:
You make it sound so much like something else Joe.


You mean when I said "Negotiation is much less painful after the first time. Remember to relax and enjoy it."? Well, isn't that a sort of negotiation, too?
Depends how much you are paying at the outset Wink
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