Korean Job Discussion Forums

[pkim]

I'm about 6months into my contract. I don't know what the real reason is but my hagwons closing shop and moving us into another hagwon with curriculum intact. So my problem is now that they want two teachers to teach the other hagwons curriculum, which is totally different. And I've been picked. The starting salary for this hagwon is 2.2 and I only make 2.1. And they decided that they can't bump me up to 2.2. And I will have to do a little bit of traveling on a daily basis. Can They do this? Is this a breach of contract? I need some advice quick.....

[GwangjuNewsEditor]

Pkim,

If I am correct, the employer doesn't have the right to sell your contract to another company. I would contact the labor board right away and find out what your rights are. You should be able to get another job. I am guessing that you won't even need a letter of release if the company is going out of business.

Also, check out EFL-Law.com Korea forums to ask more for more detailed answers.

Good luck.

[sadsac]

Your contract is voided once your current hagwon closes up. The new hagwon must sign you to a new contract, otherwise you will be working illegaly. Advise your current boss that you will not be working for the new hagwon until all the paperwork is in order.

[bellum99]

New contract may cancel out the first contract's ending date...delaying pension and severance. Be careful.

[Squid]

Yes, you have no obligation to work for your "new" employer.

Your "former" employer is unlikely to pay you any severance or other money due.

Your new employer will generally not pick up the tab either.

Your contract is over so your E2 is void.

You'll be liable to penalties if you do start working at another job without visa clearance and so will the new employer, possibly even deported.

Be careful to get any guarantees, if you choose to go with the new outfit, with respect airfares or severance, vacation and anything else in writing.

I've walked this road and it's truly horrible when an employer reneges on a verbal agreement and attempts to pay you nothing, but I was a newb and didn't know better.

Good luck

[Captain Courageous]

If my hagwon changes owners, is my contract void?

[pkim]

[quote="Squid"]Yes, you have no obligation to work for your "new" employer.

Your new employer will generally not pick up the tab either.

Your contract is over so your E2 is void.

The hagwon is not closing, per se, but moving locations into another hagwon where we will co-exist. The curriculums will be separate with their totally separate students. Their students and our students that we are taking with us. But two of the teachers would have to teach the other hagwons curriculum. So does this mean that the contract is over? Since now we are teaching under a new school?

[yingwenlaoshi]

[ajuma]

Say to your boss "I'm sure that this is something that immigration should know about. Let's go there together and make sure that everything is legal." His response to this should tell you everything you need to know about future employment with him. If he won't go, go yourself and get yourself legal if you still want to work for him, or find out your options if you don't.

About the pay...well, you DID sign for 2.1...and I suppose that "technically" you're still working for the same employer. That's the way that they're looking at it.

[Captain Courageous]

[ajuma]

[Captain Courageous]

Because this way is easier at midnight, when the thought first occurred to me.

[ontheway]

To the OP:

If your school is only moving, that is, changing its address but not changing owners, then your contract, pension, severence etc are all still valid. You do need to file some paperwork and get the change recorded at Immigration and on your ARC.

But, you need to find out if your school is really changing more than its address. If the school changes owners, your visa may no longer be valid. It was the owner, a person, who sponsored your visa. When the ownership changes you are no longer sponsored by that person.

You need to talk with your boss and Immigration about these issues.

If you are going to be working for a new school, or a new school that has bought the old name, or your old school with a new owner and new address, you will have to sign a new contract and get a new visa. You might be able to transfer your old visa. However, be sure to get a guarantee of payment for your severence, airfare, pension etc. due to you for your time at the previous job. Better yet, try to get a pro rata cash payment for those items as a condition of your continuing the contract.

[ajuma]

[pkim]