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djplatinum
Joined: 29 May 2006
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 Posted: Thu Jul 19, 2007 6:41 pm Post subject: Signing a contract and going to another school before visa! |
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| How legally obligating is the contract if signed if you don't have the work visa yet? I am just curious, because some schools ask to send signed contracts over first before flying out. I was just curious to know because what if I do this and then get there and then the school is a dive and something worse. Once over there would I be able to go to another school without any problems or do you think that there are problems that the school with the signed contract but no work visa could cause for me? Anyone ever have this situation happen at all or got there and decided to go to another school? Thanks in advance. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jul 19, 2007 7:24 pm Post subject: Re: Signing a contract and going to another school before vi |
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| djplatinum wrote: |
| How legally obligating is the contract if signed if you don't have the work visa yet? I am just curious, because some schools ask to send signed contracts over first before flying out. I was just curious to know because what if I do this and then get there and then the school is a dive and something worse. Once over there would I be able to go to another school without any problems or do you think that there are problems that the school with the signed contract but no work visa could cause for me? Anyone ever have this situation happen at all or got there and decided to go to another school? Thanks in advance. |
It is not binding until you have your visa. It is required so be signed and submitted to immigration as part of the visa application process. They cannot apply for your visa without it.
In regards to your other concerns:
When it comes to the school - again - repeat - Do your own DUE DILLIGENCE.
1st - READ the contract over very carefully. If that doesn't scare you away then...
The best you can do is minimize the risk by talking to MORE THAN ONE of the foreign staff and ask POINTED AND SPECIFIC QUESTIONS (*when the boss is NOT listening over their shoulder). Don't accept non-specific answers and broad generalizations.
No foreign staff references to talk to = walk away now.
Accept NO EXCUSES for any reason.
The hard questions to ask AND get acceptable answers to ARE:
-What are the hours? (start time / stop time / breaks).
-How many classes per day, week, month? NOT hour many hours per month. 30 classroom hours can mean anything from 1350 -1800 minutes per week standing in front of the class. The difference can be up to 7.5 HOURS in front of the class EACH WEEK.
-Do they ALWAYS pay on time? (no=red flag 1)
-Do they pay at the end of your month or do they have a hold back period (5-10 days after your month end) to prevent runners? (no=red flag 2)
-Do they really pay overtime or avoid it with creative book keeping? (no=red flag 3)
-Do you get credit for classes on the national holidays or do you get the day off but still have to work your 120 hours before you get overtime? (no=red flag 4)
-Do they have national medical (with the little booklet)? (no=red flag 5)
-Do they pay into pension? (no=red flag 6) These two are legal requirements (not optional) and are usually NOT complied with (to your detriment).
-What about the holidays? 10 or more WORKING days? (legal requirement here) (no=red flag 7)
-When and how do you get your holidays?
-What extra stuff do you really have to do - mentioned or not in the contract.
-Then consider the quality of life issues - things that are important to you that aren't mentioned here (housing, furnishings, THE BATHROOM, access to recreational facilities, shopping, banking).
Do they take additional deposits in addition to the delay in payday? (yes=red flag Cool
I would also like to mention for comparison:
My co-worker who is a green as grass, fresh of the boat newbie gets a base salary of 2.1 mil per month for 22 classes of 40 minutes each.
She gets 20k won for each 40 minute class over 22 per week and works from 8:30-4:30 each day. She usually averages 26 classes per week and her salary works out to about 2.5 mil per month.
She also gets (as required by law and ignored by most hakwons) NHIC medical, pension, severance, non-shared housing, airfare and 4 weeks annual PAID vacation.
Do NOT be in a rush to sign anything. There is NO rush or urgency in spite of what your recruiter may tell you.
Take your time. The job (or more likely a better one) will still be there next week and probably next month too.
There are 30,000 openings in Korea each year and only about 25,000 applicants to fill those jobs each year.
I hope that has been of some help. |
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blade
Joined: 30 Jun 2007
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| Posted: Tue Jul 31, 2007 10:33 am Post subject: Re: Signing a contract and going to another school before vi |
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| ttompatz wrote: |
| djplatinum wrote: |
| How legally obligating is the contract if signed if you don't have the work visa yet? I am just curious, because some schools ask to send signed contracts over first before flying out. I was just curious to know because what if I do this and then get there and then the school is a dive and something worse. Once over there would I be able to go to another school without any problems or do you think that there are problems that the school with the signed contract but no work visa could cause for me? Anyone ever have this situation happen at all or got there and decided to go to another school? Thanks in advance. |
It is not binding until you have your visa. It is required so be signed and submitted to immigration as part of the visa application process. They cannot apply for your visa without it.
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But won't immigration prevent another prospective employer from applying on your behalf for another visa issuance number for 90 days? |
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blade
Joined: 30 Jun 2007
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| Posted: Wed Aug 01, 2007 10:28 am Post subject: Re: Signing a contract and going to another school before vi |
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| bump! |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Wed Aug 01, 2007 12:12 pm Post subject: |
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Some bad advice above.
A contract becomes binding the minute you sign it.
If you break your contract, even before you begin teaching, even before you get your E2 visa, you can be liable for damages. The amount of damages could exceed your pay for an entire year. If so, you will probably face legal action.
However, the injured party has the duty to mitigate damages. If you give adequate notice for the school to replace you (your contract may state 30 or more days) then the damages will be minimal and the injured party will be unlikely to take action.
Your contract may have provisions for cancellation. You should read them closely.
Since this seems to be a hypothetical situation, the best advice is to find a good job and avoid problems. And, since the more likely source of abuse comes from arriving WITHOUT an E2 visa, you should get your E2 visa in your home country before you come to Korea.
There is some good advice above about looking for a good job.
Additional advice:
talk to the school owner/principal, not just the recruiter
talk to other foreign teachers
ask about class sizes: you'll know if this is serious teaching or babysitting:
small classes=real school (<8 students per class)
large classes=babysitting (>12 students per class)
ask about the discipline policy:
ask about level testing before placement of students |
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blade
Joined: 30 Jun 2007
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| Posted: Wed Aug 01, 2007 12:42 pm Post subject: |
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| ontheway wrote: |
Some bad advice above.
A contract becomes binding the minute you sign it.
If you break your contract, even before you begin teaching, even before you get your E2 visa, you can be liable for damages. The amount of damages could exceed your pay for an entire year. If so, you will probably face legal action.
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Surely they wouldn't bother trying to sue somebody who is not even resident in Korea? |
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paquebot
Joined: 20 Jun 2007
Location: Northern Gyeonggi-do
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| Posted: Wed Aug 01, 2007 3:19 pm Post subject: |
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| blade wrote: |
| ontheway wrote: |
Some bad advice above.
A contract becomes binding the minute you sign it.
If you break your contract, even before you begin teaching, even before you get your E2 visa, you can be liable for damages. The amount of damages could exceed your pay for an entire year. If so, you will probably face legal action.
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Surely they wouldn't bother trying to sue somebody who is not even resident in Korea? |
It seems like more hassle than it's worth, but then again the school does know that the person wants to come to Korea eventually ... they might just wait and nail that person when they show up for another job? (maybe have Immigration keep a lookout for if that person ever shows up) |
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