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Rocking the boat
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Ev



Joined: 01 Aug 2006

PostPosted: Thu Sep 14, 2006 1:36 am    Post subject: Rocking the boat Reply with quote

This is kinda long - sorry!

I've just arrived in Korea 2 weeks ago after some hassle with the school (public, elementary - GEPIK) wanting an American teacher and then deciding to work with me again. Anyway, to add further confusion, when I got here, I was told that the principal and the vice-principal who I signed the contract with have gone to other schools. Is the contract still valid?

There's a Canadian dude (same recruiter as mine) who works the after-school program and I found out today that he's leaving for some other school in Seoul! So I get onto the recruiter and ask him if he can find me another place too - cos this place is so far out (Gimpo-si), I actually qualify for the extra 100,000 per month. The recruiter gives me some lame-arse excuse saying that school's started and there aren't any positions available etc. and that I'll have to get another visa and it'll take time - big deal, 2 days! Basically stuff to stop me from changing schools. But I've SEEN postings for public school jobs.

Then my co-teacher comes back (from a meeting with the principal) and gives me back the bottle of Ballantines I gave to the principal, and tells me if I'm going to leave, I'm going to have to pay back the 300,000 settlement fee and the money they paid for me to go to the orientation, something like 270,000, and the visa money. Had a look through the "contract" and it doesn't say anything about giving them back the money for any of these things except for airfare - which they haven't even reimbursed me AND I paid for my visa anyway.

Any words of scorn or advice?

Also, I just want to clarify that I'm not that big of a sucker that I'll believe everything that comes out of the recruiter's mouth (being a long time reader of this forum). But I did honestly believe that Gimpo wasn't out in the sticks cos I checked the interactive Seoul subway map thing and the recruiter told me it was only 30 mins by car - so I thought 40-odd minutes on the subway was ok. But getting to the closest subway station takes 20-odd minutes by bus.
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Kimchieluver



Joined: 02 Mar 2005

PostPosted: Thu Sep 14, 2006 1:46 am    Post subject: Reply with quote

It does say you have to pay back the settlement allowance... nothing about the orientation fee though.
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Ev



Joined: 01 Aug 2006

PostPosted: Thu Sep 14, 2006 4:21 am    Post subject: Reply with quote

fine, fine.

But does anyone know if that contract is valid or not?
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Pak Yu Man



Joined: 02 Jun 2005
Location: The Ida galaxy

PostPosted: Thu Sep 14, 2006 4:26 am    Post subject: Reply with quote

You went there in good faith. they fired you. Screw them...don't pay them a freakin cent. Good luck getting the money out of you.
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Ev



Joined: 01 Aug 2006

PostPosted: Thu Sep 14, 2006 4:34 am    Post subject: Reply with quote

They haven't fired me (yet) - they're just telling me that if I'm going to leave, I'll have to pay this and that and anything else that they can come up with.
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matthews_world



Joined: 15 Feb 2003

PostPosted: Thu Sep 14, 2006 4:39 am    Post subject: Reply with quote

However, they may need you to start work tomorrow. Be prepared for that.
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Homer
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PostPosted: Thu Sep 14, 2006 4:41 am    Post subject: Reply with quote

Why would the contract be invalid?

The contract is between the school (or school board) and you. It is not between the principal and you.....unless the principal runs some sort of medieval fiefdom here...

If you want to leave after all of 2 weeks it might generate frustration with management as 2 weeks is a fart in the wind.

If they are screwing you (witholding money, not living up to contract terms ex: accomodations) then you have a Labor Board case.

If you are just unhappy because the school is "too far" then you have to live with the fact that the contract will require you to pay back certain monies. The settlement allowance was given to you to help with initial set up costs as an employee of that school...it is not some due to you or a gift..hence they might ask back for this.

The money you received for orientation is a different issue and unless the contract states that you need to stay a certain time or pay back this money you should not have to reimburse it.

Bascially, you seem to want to leave because you are unhappy (after 2 weeks) about the schools location in Seoul. So, give proper notice to your employer and quit. Get your Letter or Release and start looking for another job.

Good luck.


Last edited by Homer on Thu Sep 14, 2006 4:46 am; edited 2 times in total
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Ev



Joined: 01 Aug 2006

PostPosted: Thu Sep 14, 2006 4:42 am    Post subject: Reply with quote

oh...
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Kimchieluver



Joined: 02 Mar 2005

PostPosted: Thu Sep 14, 2006 6:49 am    Post subject: Reply with quote

There are other reasons to work at a place than just location. Do you like your students, co- teachers and apartment?
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DCJames



Joined: 27 Jul 2006

PostPosted: Thu Sep 14, 2006 6:57 am    Post subject: Reply with quote

EV, you should have researched the position better before you took it...

Once you sign the contract, you should honor it despite how you feel about the location...

Good luck.
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Sep 14, 2006 7:37 am    Post subject: Reply with quote

Quote:
The contract is between the school (or school board) and you. It is not between the principal and you.....unless the principal runs some sort of medieval fiefdom here...


The Principal was the officer of the schoolboard and acted on their behalf....however since he has left....is the contract still valid?

I would suggest you go to the labour board and inquire there...or contact ESL law......I am not sure how the abscence of a signatory would affect the legality of the contract.(I'm betting it wouldnt)
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Homer
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PostPosted: Thu Sep 14, 2006 9:43 am    Post subject: Reply with quote

The principal of the OP was the representative of the school when he signed but his contract is still with the school (or school board).

By the same logic, if you sign a contract with a high school back home it will be counter-signed by the school principal. Should the principal quit or get fired do you lose your job or does your contract become invalid?

Nope.

Because your work agreement is with the institution, not the person.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Sep 14, 2006 2:33 pm    Post subject: Reply with quote

I can state with some certainty that if you are signed with a public school your in the OPs case GEPIK then the contract is with the POE or school board and remains valid from the point of view of both Immigration and the Labor board.

There was a note sent out by a supervisor at GEPIK to the English departments of the various schools that said something to the effect (paraphrased here) "if the principal of the school or signatory on the contract had changed then the foreign teacher had to report to immigration and get the change noted on their ARC.

This is NOT the case. I re-checked with both the Suwon and Seoul immi offices as well as the labor board to re-confirm this. The FT is signed to the POE (provincial office of education) or city OE and the principal was just the signatory with signing authority.
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rothkowitz



Joined: 27 Apr 2006

PostPosted: Thu Sep 14, 2006 6:50 pm    Post subject: Reply with quote

What did they give you back the whiskey for??

Idiots.There are other ways of making a point.
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Ev



Joined: 01 Aug 2006

PostPosted: Thu Sep 14, 2006 7:51 pm    Post subject: Reply with quote

The reason why I was so confused was that my co-teacher tried to get me to sign another contract the other day - she put in some extra clauses about doing teaching plans and not being able to hit the kids (not that I would anyway) and she excluded the clause about how if you live in some remote areas you get paid an extra 100,000 per month, but the thing is - she told me herself that I'm eligible for it.

Today she was trying to convince me that I'm not out in the countryside. Then I replied, "Then why am I getting the extra 100,000 per month?" Her answer? None, she changes the subject.

I spoke to another teacher today and asked her what my co-teacher was saying about me. Apparently I've said that I hate this job/school. I'd hate to think what other things she's claiming I've said...
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