Korean Job Discussion Forums

aloysha · Joined: 18 Sep 2005

Recently my hagwan director transferred ownership of the hagwan to another person. The transfer was seamless, as the previous director faded out without a word Mad

and things have been as they were. I will get to the point.

Obviously, I'm looking for my contract to be honored with respect to severance and airfare. Is my previous director obligated to forward his portion( 1/2) of severance and airfare ? Or has he effectively wiped his hands clean of me and any such contract points must be negotiated ?

If this has happened to you, I would be grateful to know how your situation turned out.

Any info is much appreciated Smile

excitinghead · Joined: 18 Jul 2005

At the very least, you'll need a trip down to immigration, as your visa is now with a new person and/or company. Otherwise you could end up technically working illegally, and so you become responsble for paying a fine! Happened to me merely because the same owner changed the name of the institute, and I didn't find out until 6 months later! See the thread below for more details:

http://forums.eslcafe.com/korea/viewtopic.php?t=47823&highlight=

There are no seamless transfers like this in Korea, visa-wise: get things sorted out with the new guy immediately, and if that doesn't involve taking you to immigration to get a visa with the name of the new owner stamped in your passport, then call them yourself. I'm 99% sure you need one.

aloysha · Joined: 18 Sep 2005

Exciting head, thanks for the link and quick info.... Shocked

I'm going to get down to business first thing Monday on securing a new contract.

So, immigration will take care of the particulars with respect to the visa and Labour board should be my contact for the issue of severence and airfare ? I hope I get some clear answers from these places Smile

flint · Joined: 11 Apr 2004

ontheway · Posted: Sat Aug 25, 2007 7:25 am Post subject:

You need to write a new contract with the new owner. You need to spell out exactly in the contract that the new owner is obligated to honor the contract terms from your original first day of work. Spell out the amounts, the date they must be paid etc. for severance and airfare and that pension and health insurance will continue.

This should be no problem if the new owner has assumed all the assets and liabilities of the previous owner. The new owner will be aware of these obligations and should agree.

However, it is possible that the new owner didn't assume all assets and liabilities, or was "misinformed" or plans to cheat you. In any of these cases the new owner may not agree to the new contract spelling out his obligations from the beginning of your employment.

In this case you might be able to collect from the previous owner. The previous owner is not liable under some circumstances. You might have to go to the labor office and attempt to collect from the previous owner. It might be the new owner who owes you. It could also be that you are screwed out of luck.

Move quickly.

aloysha · Joined: 18 Sep 2005

Flint and Ontheway

Sound advice from both of you. Thank you. I will start this whole process
on Monday.

Will the new director have to accompany me to immigration ?