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ESL Teacher Opens Up World to Students

Posted by ESL Gateways at 03:15 AM on June 26, 2009

By Cindy Atoji Keene

The English language is full of idioms that make it difficult to understand, says ESL (English as a Second Language) teacher Robert Davis, who gives some examples: “‘Let’s go over that’ makes it sound like you’re flying over something; ‘Stand behind a product’ is another confusing statement,” says Davis, an associate director at the Boston Language Institute. Davis teaches advanced level classes that prepare foreign students for the linguistic and cultural challenges of such MBA programs as MIT Sloan and other business schools, but he also has experience teaching what he calls “true beginners” – those who have never been exposed to English before.

For immigrants living in the U.S. who don’t know English, life can be difficult, whether asking for directions or listening to a lecture at college. But with the help of teachers like Davis, who are certified to teach English to non-English speakers, every lesson makes a big difference in helping often-befuddled students get through the day. Davis starts with the general building blocks of language, like the verb “to be” and expands from there. “ His lessons start slowly: “I begin with, ‘I am,’ ‘she is,’ ‘you are,’ and then pair with an adjective or noun. Like, ‘I am a teacher,’ or ‘I am happy.’ I stick to present tenses, and then start to branch out,” says Davis, who encounters students from all over the globe, including Brazil, France, Vietnam, and Japan.

With the increasing number of immigrants entering the country – in Boston, for example, eight percent of the city’s population doesn’t speak English well– employment for ESL or ESOL (English to speakers of other languages) teachers is expected to grow by 14 percent to 2016, with many part-time positions available. The average salary for an ESL teacher is $35,000. At minimum, a certificate is needed to teach English to adults, with many colleges and universities offering master’s degrees in ESL.

Q: What cultural aspects come into play when teaching English as a second language?

A: Americans are careful not to stereotype, but there are ways to characterize different ethnic groups. Russians, for example, tend to be more outspoken, while people from Japan and Korea have trouble stating directly what they want. Almost everyone has trouble writing and there are common pronunciation problems. Europeans, for example, get confused as to when an “H” is silent or not, like when saying, “See you in a half hour.”

Q: How did you get involved with teaching English as a second language?

A: I was in the photography business for 20 years but I wanted to use my brain more. I have a dual major in English and psychology, and when I took a one-month course in teaching ESL, it seemed obvious to me that this is what I was meant to do. I enjoy helping people, and the ability to teach was almost like an instinct.

Q: What are the rewards of this profession?

A: I meet such a range of students, from doctors and lawyers as well as those who were janitors or cleaners in their native countries. At first, you don’t know these people or their personalities, but the more words they learn, the more they begin to open up. It’s very satisfying.

Q: If I end this interview by saying, “See you later,” is that one of those confusing idioms?

A: It certainly is. I had one student who heard someone say, “See you later.” So she waited and waited, thinking she would actually see him again. Needless to say, he never showed up.

Good News for ESL Teachers

Posted by ESL Gateways at 03:39 PM on August 21, 2008

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Some interesting "2008" facts for ESL English teachers, schools and students. The world has definitely changed since September 11, 2001. Overseas travel is still down 20% (7 years later). Teachers interested in Middle East positions has declined 75%.

Worldwide demand for English language training has increased by over 15%.

Samsung uses English as the head office language in Korea

China needs another 200,000 English speakers for the 2008 Olympics

China announced "Bad English" is no longer acceptable in Beijing especially during the Olympics.

China wants 300,000,000 English speakers by the year 2020.

Worldwide requests for overseas teachers up 300%.

Teachers' salary in China - 2001 was $2500 RMB now is $7,500 RMB up 300%.

Bad News for the ESL Industry

Estimated % of individuals using fake certificates to get overseas jobs 70%

Best estimate for fake certificates sold in Asia to native English speakers since 1980: 142,000 and non-native English teachers 1,500,000.

Number of Asian agents selling fake University certificates and degrees charged: 3. Yes finally in Canada the OPP raided a very large scale Chinese forgery operation that specialized in Canadian University and College Degree sales to foreigners.

Unfortunately Canadians who have worked years to obtain a coveted Canadian University degree will have their hard work diminished by the lazy, incompetent, screw-ups who get jobs using fake Canadian credentials and then mess up.

As the value of University degrees plummets because of fake degrees - This makes life very difficult for real university degree holders to prove they are a university graduate, took the listed courses and can perform.

Most real Canadian University graduates have over $20,000 in student loan debt and having their investment in a university education diminished by criminals is a double blow.

Cost of fake degree, TESL certificate, transcripts and special university hotline phone number to "verify fake degrees": $600.

Estimated % of worldwide illegal ESL language schools that are not properly registered, licensed or operating will illegal teachers: 65%.

In the mad rush to get a good TOEFL score before the speaking section becomes mandatory - the cost for a Korean pro test writer to create fake ID and write a 600 score: $1,500 USA. The cost to bribe a Chinese TOEFL test proctor to complete your test (increasing your score) after the exam: $10,000 RMB.

Most obvious nonsense ESL school ads: good looking English teachers to teach older gentlemen English at their home during the evenings.

Most brutal stories of Middle East ESL teacher mistreatment include: locked up in apartments with no food, water or heat, strip searches, robbery, assaults, death threats.

Most evil fraud: using J1 program to send underage prostitutes to the USA.

During 2007 two big sex pervert cases were splashed all over the Media. One was a Canadian ESL teacher arrested in Thailand for sex crimes. The second was a BC man (one of 37 the other 36 were Americans) in another child porn sweep and the only one featured on the USA national news.

Again ESL teachers involved in international sex crimes creates real problems for the honest hard working dedicated teachers and casts an extra cloud of suspicion and distrust.

Original Post
http://www.eslincanada.com/news.html

Got a problem? Who you gonna call?

Posted by ESL Gateways at 05:15 AM on April 16, 2007

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-Korean Herald, Tues. April 11
https://www.koreaherald.co.kr/SITE/data/html_dir/2007/04/11/200704110069.asp

You're a teacher. Your school or hagwon has just blatantly broken the terms of your contract. After 11 months of dedication and stellar service, the director suddenly accuses you of being a bad teacher, among other things, and gives you your marching orders. He then cheerfully tells you he has contacted immigration, he won't give you a letter of release, and by the way, you have 14 days to get out of town.
Who do you call?

You may be tempted to call The Korea Herald - plenty of teachers have - but the Seoul Help Center is actually your best bet. Or you could try the Labor Department. They have an English language website and there are various other resources on the internet. But if you are determined to fight this through to the bitter end to assert your rights, be prepared. You are holding very few cards and the deck is stacked against you.

The Uijeongbu District Office of Seoul Regional Labor Office. Just getting there for your hearing is a trial. [Chris Gelken/The Korea Herald]

First off you have to know your "enemy." Frankly speaking, the hagwon sector has become just too big and too influential. According to some estimates, Korean students spend over 15 trillion won ($16 billion) a year in private English classes. This is based on 11.2 million students spending an average of 1.2 million won a year for classes in hagwons or private English teachers. Korea spent the most on private education in 2006 among the 30-member OECD, accounting for 2.9 percent of GDP.

Given the lack of oversight, the sector has become a cash cow for criminals - or the criminally inclined - and archaic labor laws just make it so easy for them to use, abuse and discard what is essentially a limitless supply of witless and gullible foreigners in search of their "Asia experience."

Obviously, the number of hagwons who do engage in illegal or unfair practices against their teachers are in the minority. But they are a very significant minority.

If you are unfortunate enough to find yourself the victim of breach of contract, then you have to consider your immediate financial situation. If you are short on cash, then to be perfectly honest, in the majority of cases the best advice is suck it in, take it on your chin, and go home.

Sounds tough, doesn't it? Sounds so unfair and even stupid when you consider how harmful this can be to the good image that Korea works so hard to create through its Korean Wave, its cultural exchanges, and its bids to host major events such as the Winter Olympic Games.

But you may be surprised to learn that you are not alone in this frustration. There are plenty of Koreans who feel exactly the same way.

It may also come as a surprise that among the most "frustrated" are junior and mid-level officials at the Labor Department who have to deal with foreign complainants on a day-to-day basis.

"I am so, so sorry," an official at the Labor Department in Uijeongbu said to The Korea Herald. "I see so many foreign English teachers here, but because of the laws, sometimes they blame us and get angry with us."

So, you have lodged your complaint and have been awarded a hearing before a Labor Department inspector. Getting to the office in Uijeongbu is trial enough: an hour on the subway from City Hall in downtown Seoul, and then a 6,000 won taxi ride from the station.

You are tense; the lousy traffic from the station to the office has you on the verge of exploding. You are so anxious to make a good impression. You are sure you gave yourself enough time to get there, but every traffic light is red and the local council chose that day to dig up the road.

Still, you arrive with minutes to spare. Then you are told no representative from the school has shown up. They haven't called the department to ask for a rescheduling and they certainly haven't called you. They just didn't bother to show up. And why should they?

The law, as it stands, does not compel a hagwon director or his representative to attend a Labor Department hearing. They can ignore the notice to attend a hearing with no penalty whatsoever. In fact, they get three opportunities to fail to attend. They have "the freedom" to do this, the official said.

"It they don't come, then we send them a letter with another date for the hearing," the Labor official told The Korea Herald. The Labor Department does not even have the right to ask why the director did not attend, or demand the courtesy of an apology.

"They know they can do this, the bad ones, and they abuse the system," the official said. After three non-appearances the case is referred to the prosecutor's office.

"But then, even if they are found guilty, the fine is so small it is nothing to them," the official explained, "and often the teacher has already left the country because the process takes so long."

If the teacher leaves Korea before the case goes to the prosecutor, then the whole thing is dropped. "All the director has to do is wait," the official said, "it is so easy for them to win."

And with the paltry fines handed out by the prosecutors, the hagwons win even when they lose.

It is hardly surprising, therefore, that the Labor Department inspector assigned to any particular case may appear disinterested, unenthusiastic and perhaps even unhelpful. In many cases, it is a pointless, and certainly thankless, process.

The law, the official insisted, needs to be changed. Hagwon directors need to be held accountable, and the fines for any wrongdoing have to be significant enough to prevent any repeat offenses and serve as a warning to others, the official told The Korea Herald.

"Korean teachers sometimes also face this problem in hagwons," the official said, "but they usually have family support here and obviously have the time to fight the case." So for foreigners, the official told The Korea Herald, the process needs to be sped up.

So what do you do when faced with this reality?

Lodge your complaint with the Labor Department, and armed with a certificate that you are involved in a dispute with your employer, immediately head off to the Immigration Department. If you get to them before your hagwon director, they will put a hold on your visa so you can remain here to fight the case.

The next move should be to contact your embassy and alert them to your status, and the fact that you may require financial assistance. They can help in putting you in contact with family and friends back home and facilitate the transfer of money. But don't expect any handouts, because you won't be getting any.

And then call The Korea Herald. We love a good story.

By Chris Gelken

(chrisgelken@heraldm.com)

Who's on the Blacklist?

Posted by ESL Gateways at 12:25 PM on January 22, 2007

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http://esl-south-korea.blogspot.com/

Prospective teachers BEWARE!

Some recruiters and institutions have a bad reputation of being dishonest, unreliable, and only profit-oriented. I've read numerous complaints from burnt teachers claiming that recruiters are full of unfulfilled promises, from airport pick-ups to settlement assistance. Once these job candidates set foot in Korea, they were on their own, in the blackhole.

The following is a quote by a director while talking on the phone with his recruiters overseas:

"Tell them what they want to hear, write down what they want to see, agree to everything they ask, but get them to Korea."

Thus, to protect yourself from being burned, many ESL teachers in the field recommend doing your own job search and research your potential employer. Some reputable blacklist websites are as follows:

Hagwon Checklist

English School Watch

Jon's Blacklist

Interview With Christine Kenny, Non-Profit ESL Teacher In Chicago

Posted by ESL Gateways at 08:37 AM on January 15, 2007

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http://www.tefllogue.com/in-the-classroom/interview-with-christine-kenny-non-profit-esl-teacher-in-chicago.html

Christine Kenny, Executive Director of Chicago-based Literacy Works, was kind enough to share some of her thoughts on and experiences in both EFL and ESL via an email interview. She taught briefly in Spain before becoming further involved in ESL (and then with Literacy Works) in Chicago.

She describes her first experience as a volunteer tutor at a community-based organization: ?I would leave my (daytime) job where my boss barely knew my name, to be greeted by a room full of the warmest, most appreciative people I had ever met. As recent immigrants and refugees from Mexico and Central America they had very little in terms of material wealth, but what they gave me was priceless.?

The biggest difference between her experience south of Barcelona ? where her employer gave her a company car to drive from one private student to another ? and her experience teaching immigrants and refugees through non-profits in Chicago was ??in educational background and reason for learning English. In Europe the students I worked with, at least the adults, were all very educated and looked at learning English as a ?hobby? or a way to increase their status at work. The immigrant and refugee population here in Chicago often have limited formal education (often between 6 and 9 years of schooling). There are a lot of literacy issues that need to be addressed in their native language, as well as the English instruction. Because they need English, they are much more driven than the students I worked with in Spain. The English they use in class in the morning is going to be used that afternoon at work or in the street. People are hungry to learn and are very appreciative of their teacher?s time and enthusiasm.?

As far as class content, she found that the curriculum tended to be more set for her language school teaching in Spain ? there was little room for the students or the teacher to change things. In contrast, in her EFL teaching with non-profits in Chicago, ?Teachers are encouraged .. to adapt the lessons to the needs and interests of the students. It might mean creating your own materials, or at least having a more creative take on what you do during class. You also may need to adapt the time and location to work within the students? schedules or transportation needs.?

My own take on this is that, while language school teachers abroad are generally still expected to keep the students happy, they are more likely to have a textbook they need to stick to (perhaps because the school has sold it to the students), whereas it seems that it?s much more acceptable for ESL teachers in the non-profit context to take control of the content and materials on a class by class basis.

Be on the lookout for more from Chris on the outlook for careers in ESL as well as some tales of the rewards of working in the non-profit field.

Things to know before signing a contract

Posted by ESL Gateways at 11:22 AM on November 22, 2006

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		Paid sick days If there are no paid sick days, then ask for 3 to be written in your labor contract. *Working hours* What are your working hours throughout the contract period? It would be ideal for you to work 6 hour shifts (ex. 2-8/3-9/4-10). *What days of the week will you work? (Monday through Friday)* How many hours will you work per month? (120 ) How many hours will you work per week? (30 ) What constitutes a working hour? There should be no more than 8 hours between from your daily start time until your daily finish time when working block shifts throughout the contract period. Ask for that to be written in your labor contract. Is there contractual language staing your employer will allow you a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours? Korean Labor Laws state that recess periods may be used freely by workers. *Article 49 (Working Hours)* *(1) Working hours per week shall not exceed forty-four hours excluding recess hours.* (1) Working hours per week shall not exceed forty hours excluding recess hours. (2) Working hours per day shall not exceed eight hours excluding recess hours. Article 50 (Flexible Working Hour System) (1) An employer may have a worker work for a specific week in excess of working hours prescribed in Article 49(1), or for a specific day in excess of working hours prescribed in Article 49(2), on condition that average working hours per week in a certain unit period of not more than two weeks do not exceed working hours under Article 49(1) in accordance with rules of employment(or in accordance with rules or regulations equivalent thereto): Provided that working hours in any particular week shall not exceed forty-eight hours. (2) When an employer reaches an agreement with the workers? representative, in writing, on the following items, an employer may have a worker work for a specific week in excess of working hours pursuant to Article 49(1), or for a specific day in excess of working hours pursuant to Article 49(2), on condition that average working hours per week in a certain unit period of not more than one month do not exceed working hours under Article 49(1). However, working hours for a specific week, and for a specific day shall not exceed fifty-six hours and twelve hours respectively: (2) When an employer reaches an agreement with the workers representative, in writing, on the following items, an employer may have a worker work for a specific week in excess of working hours pursuant to Article 49(1), or for a specific day in excess of working hours pursuant to Article 49(2), on condition that average working hours per week in a certain unit period of not more than three months do not exceed working hours under Article 49(1). However, working hours for a specific week, and for a specific day shall not exceed fifty-two hours and twelve hours respectively: <Amended by Act No. 6974, Sep. 15, 2003> 1. scope of workers subject to this paragraph; 2. unit period (a unit period not exceeding one month); 2. unit period (a unit period not exceeding three months); 3. working days in a unit period and working hours for each working day; and 4. other matters prescribed by the Presidential Decree. (3) The provisions of paragraphs (1) and (2) shall not apply to workers aged fifteen or older and less than eighteen, and pregnant female workers. (4) If an employer needs to have a worker work in accordance with the provisions of paragraphs (1) and (2), the employer shall prepare measures to ensure that the existing wage level is not lowered. (5) Deleted. <Act No. 5885, Feb. 8, 1999> Article 51 (Selective Working Hour System) If an employer has made a written agreement on each of the following subparagraphs with representatives of workers regarding a worker who is entrusted with the decision to begin and finish works in accordance with rules of employment(including those equivalent to rules of employment), the employer may have workers work in excess of working hours per week set by paragraph (1) of Article 49, or per day set by paragraph (2) of Article 49 on condition that average working hours per week computed on the basis of adjustment period of balances within one month do not exceed the working hours stipulated in paragraph (1) of Article 49: 1. scope of workers subject to this paragraph (excluding workers between the age of fifteen and of eighteen); 2. adjustment period of balances (a specific period within one month); 3. total working hours within an adjustment period of balances; 4. starting and finishing time of working hours, during which works must be provided; 5. starting and finishing time of working hours which are allowed to be selected by workers; and 6. other matters as determined by the Presidential Decree. Article 52 (Restriction on Extended Works) (1) If the parties concerned reach agreement, working hours stipulated in Article 49 may be extended up to twelve hours per week. (2) If the parties concerned reach agreement, working hours stipulated in Article 50 may be extended up to twelve hours per week, and working hours pursuant to Article 51 may be extended up to twelve hours per week averaged during a period of adjustment of balances pursuant to subparagraph 2 of Article 51. (3) Under special circumstances, an employer may extend working hours as provided for in paragraphs (1) and (2) with the approval of the Minister of Labor and consent of workers; however, the employer shall immediately obtain the approval of the Minister of Labor ex post facto, if a situation is so urgent that time is not available to obtain such approval. (4) If the Minister of Labor finds that the extension of working hours in accordance with Paragraph (3) is not appropriate, he may order an employer to allow recess or day-off afterwards equivalent to the extended working hours.[/i] Article 53 (Recess Hours) (1) An employer shall allow a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours. (2) A recess period may be freely used by workers. Annual leave/Holidays Most contracts have 10 days of paid leave. If you have 8 days of Annual leave, ask for 10. Be polite when asking for 10 days to be written in your contract. You are entitled to all Korean National Holidays. No deductions in pay should occur on any Korean National Holidays. There are some schools which count weekend days as annual leave days. You should ask for this to be changed because you take annual leave days on working days. *Penalty clauses* *Penalty clauses should be removed from your contract.* *Article 27 (Prohibition of Predetermination of Nonobservance)* *An employer shall not enter into any contract by which a penalty or indemnity for possible damages incurred from nonobservance of a labor contract is predetermined.* *Monthly wage & overtime* You shouldn't settle for wages less than 2,000,000 Korean Won per month. Workers should be paid once per month according to Labor Laws. There are alot of employers who pay on the 10th of the following month. You should ask to be paid on the last working day of every month throughout the contract period, but settle for no less than the 5th on the following month. Article 42 (Payment of Wages) (1) Payment of wages shall be directly made in full to worker in cash; however, if otherwise stipulated by special provisions of laws or decrees or a collective agreement, wages may partially be deducted or may be paid by other than cash. (2) Wages shall be paid more than once per month on a fixed day; however, this shall not apply to extraordinary wages, allowances, or any other similar payment or those wages provided for by the Presidential Decree. If you are earning 2,000,000 Korean Won per month, you should earn around 20,000 Korean Won per overtime hour. You should work overtime hours after you've mutually consented with your employer. Keep a record of all overtime hours work. Employers should also pay additional remuneration according to Article 55 of the Labor Standards Act for hours worked from 10 p.m. - 6 a.m. There are many hagwon contracts that omit additional remuneration from employees labor contracts for hours worked after 10 p.m. Article 55 (Extended Work, Night Work and Holiday Work) An employer shall pay additional remuneration of more than fifty percentage points of normal remuneration for extended works (extended works as set forth in the provisions of Articles 52 and 58, and the proviso of Article 67) and night works (works provided from 10 p.m. to 6 a.m.), Sunday or public holiday works. *Severance bonus* You add the last 3 months of your pay, and divide that total amount by 3. That figure will be your severance bonus. Article 34 (Severance Pay System) (1) An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply. (2) In establishing the severance pay system stipulated in paragraph (1), a differential severance pay system shall not be permitted within one business. (3) An employer may, at the request of workers, pay severance pay in advance for the period of continuous employment of the worker concerned by adjusting the balances of remunerations before his retirement, irrespective of the provisions of paragraph (1). In this case, the number of years of continuous employment for the computation of severance pay shall be counted anew from the moment the latest adjustment of balances has been made. (4) In cases where an employer has enrolled in pension insurance program for retirees or a retirement lump sum payment trust as prescribed by the Presidential Decree(hereinafter referred to as ?pension insurance, etc.?) for workers, whereby workers, as the insured or a beneficiary, receive lump sum payment at the time of retirement, or draw their pensions, it shall be deemed that the employer has set up a severance pay scheme in accordance with paragraph (1). The amount of lump sum by the retirement insurance, etc., however, shall not be smaller than that of severance pay pursuant to paragraph (1). *Airfare* Employers should purchase roundtrip airfare from and to the nearest international airport to your home. Employers may ask you to reimburse them for the total cost of the airfare for dismissal, or resignation any time throughout the contract period. Ask that airfare reimbursements are waived after completing 6 months of employment. *Emergency leave* Ask for 5-7 days of emergency leave in your labor contract. Emergency leave days are unpaid, separate from paid sick days, and separae from annual leave days. Emergency leave is for a major death in the family, and your employer will require proof. Dress code Ask for a dress code clause to be written in your labor contract. *Health Insurance* Korean National Healthcare Plan: http://www.nhic.or.kr/wbe/faq/faq.html http://www.nhic.or.kr/wbe/nation/nation033.html How much will your employer deduct from your monthly salary for premium payments throughout the contract period in Korean Won? (2.24% of your monthly salary) How much will your employer prepay per 3 month lump sum (2.24% x monthly salary x 3) for Korean National Healthcare Insurance Premiums? When will your employer enroll you in the KNHIP? When will you recive your KNHIP Medical Insurance Card? Income Taxes http://www.nts.go.kr/eng/default.html Go to check my monthly withholding tax How much will your employer deduct from your monthly salary for income taxes in Korean Won throughout the contract period ?* *Korean Pension Fund* http://www.nps4u.or.kr/eng/enpsk.html?code=./enpsk/a02.html How much will your employer deduct from your monthly salary to be paid into the Korean Pensiond Fund throughout the contract period (4.5% of your monthly salary)? How much will your employer contribute to the Korean Pension Fund in Korean Won per month throughout the contract period (employer shall match the deduction from your monthly salary)? *Korean Pension Fund contribution and return of said pension contribution at the end of contract.* http://www.npc.or.kr/social/index_en.html http://www.eslcafe.com/forums/korea/viewtopic.php?t=45302 *Accommodation* The following items should be in working condition, and your apartment should be clean upon arrival. Rent (A majority of ESL Teachers prefer a one bedroom apartment) Bed Desk Closet Table TV Washing machine Clothes rack Pots Pans Dishes Forks/Knives/Spoons Phone Refrigerator Stove Air conditionar Heating system Utilities are paid by the employee. You're are not responsible for the previous occupant's unpaid bills. contract length Contracts are one year. For your protection, insist that you have contractual language stating, "Them employee shall work for the employer when the employee has been issued an E2 Visa from Korean Immigration Officials." It's illegal to work without an E2 Visa. *Termination Clause* A majority of hagwon contracts, if not all, omit contractual language pursuant to Article 26 of the Labor Standards Act. Article 26 of the LSA makes it legal under Korean Labor Laws to terminate your contract if your employer violates the conditions of employment. This is contractual language that's crutial to have in your labor contract, because there there are hagwon owners that violate labor laws at your expense. Article 26 (Violation of Conditions of Employment) (1) If any of the conditions of employment set forth in accordance with Article 24 is found to be inconsistent with the actual conditions, the worker concerned shall be entitled to claim damages resulting from the breach of the conditions of employment or may terminate the labor contract forthwith. (2) If a worker intends to claim indemnity for damages in accordance with paragraph (1), he may do so with the Labor Relations Commission. If a labor contract has been terminated, an employer shall pay travel expenses to a worker who changes his residence for the purpose of securing new job. (There should be contractual language pursuant to this clause that defines reasons you can terminate your labor contract. Allot of hagwon contracts use such contractual language as, "The employee may annul the contract if the employer doesn't complete the terms of the contract." [/i] There are hagwon contracts that state, "The employer will give an advance notice to the worker at least 60 days before dismissal." Article 32 (Advance Notice of Dismissal) of the Korean Labor Standards Act States: *Article 32 (Advance Notice of Dismissal)* (1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose. *Article 31 (Restriction on Dismissal for Managerial Reasons)* (1) If an employer wants to dismiss a worker for managerial reasons, there shall be urgent managerial needs. In such cases as transfer, acquisition and merger of business which are aimed to avoid financial difficulties, it shall be deemed that there is an urgent managerial need. (2) In the case of paragraph (1), an employer shall make every effort to avoid dismissal of workers and shall select workers to be dismissed by establishing rational and fair standards of dismissal. In such cases, there shall be no discrimination on the ground of gender. (3) With regard to the possible methods for avoiding dismissal and the criteria for dismissal as referred to in paragraph (2), an employer shall give a notice 60 days prior to dismissal day to a trade union which is formed by the consent of the majority of all workers in the business or workplace concerned(or to a person representing the majority of all workers if such trade union does not exist, hereinafter referred to as a ?workers? representative?) and have sincere consultation. (4) When an employer intends to dismiss more than a certain number of workers which is defined by the Presidential Decree under the conditions as referred to in paragraph (1), he/she shall report it to the Minister of Labor as determined by the Presidential Decree. (5) In cases where an employer has dismissed workers in accordance with the requirements as stipulated in paragraphs (1) to (3), it shall be deemed that the dismissal concerned is made based on the justifiable reasons in accordance with paragraph (1) of Article 30. <This Article Wholly Amended by Act No. 5510, Feb. 20, 1998> *Article 31-2 (Preferential Re-employment, etc.)* (1) When an employer who dismissed workers under Article 31 intends to recruit workers within 2 years from the day of dismissal, he/she shall make efforts to rehire workers dismissed under Article 31 if such workers desire, taking into account of the previous position, etc., of such workers. (2) The government shall place the first priority in order to take measures such as securing livelihood, reemployment and vocational training, etc., for workers dismissed under Article 31. *Article 35 (Exception of Advance Notice of Dismissal)* The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs: 1. a worker who has been employed on a daily basis for less than three consecutive months; 2. a worker who has been employed for a fixed period not exceeding two months; 3. a worker who has been employed as a monthly-paid worker for less than six months ; 4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and 5. a worker in a probationary period *Grounds permitted under Korean law for termination of employment* http://www.efl-law.org/forums/viewtopic.php?t=1361 When it comes to the matter regarding termination of employment, Korean labor laws are known to apply strict criteria in determining whether a specific termination was just or proper. Let's look at the specific grounds for termination of employment that are prescribed in the Labor Standards Act of Korea (LSA). Under LSA, an employer may terminate employees pursuant to (i) taking any disciplinary actions taken (with regard to any improper acts committed by the relevant employee) and (ii) laying off of employees due to managerial reasons. (i) Dismissal by disciplinary action It is first noted that Article 30 of LSA requires a justifiable cause if and when an employer takes disciplinary actions, including termination of employment, with regard to its employees. Korean courts have held that a justifiable cause refers to such causes as criminal offense, serious illegal acts, and gross negligent acts, etc. which would make maintaining of the relevant employment relationships no longer possible under generally accepted public notions. Article 30 (Restriction on Dismissal, etc.) (1) An employer shall not dismiss, lay off, suspend, transfer a worker, or reduce wages, or take other punitive measures against a worker without justifiable reason. (2) An employer shall not dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter; nor shall any female worker before and after childbirth be dismissed during a period of temporary interruption of work as provided herein and within 30 days thereafter; however, if an employer has paid the lump sum compensation due under Article 87 hereof or is not able to continue his business, this shall not apply. Especially, because a termination of employment is the most extreme measure, taking away an employee's means of making a living, Korean courts are known to be very strict in applying the above-noted criteria, when it determines whether a particular termination is justified. Thus, unless an employee's specific conduct is something that makes current employer-employee relationship no longer possible to continue, it would be advisable for an employer to take less severe disciplinary actions such as suspension of employment, reduction of salary, or reprimand. In addition, under the LSA, where an employer wishes to terminate an employee in compliance with (and validly under) the law, there must also be procedural justification to that termination. In other words, the law requires that proper (legally justified) procedures be taken in disciplining the employee, including providing the employee with a proper opportunity to defend himself/herself, no matter how egregious the employee's actions are, and failure to do so will constitute an invalid termination. (ii) Dismissal due to managerial reason Further, as regards the employment termination, under LSA, an employer may also terminate employees where the employer can establish an imminent managerial reason. Article 31 of LSA provides that before an employer terminates a group of employees, the employer must have made its best efforts to avoid termination and have fair and reasonable standards of termination in place. The termination of employees must have been based on such standards for termination and the employer must have given notice to and consulted with the employees?relevant labor representative (i.e., labor union). It is the firm position of the Korean Supreme Court that an imminent managerial reason exists if the employer's termination of employees is rational from an objective standpoint. The Korean Supreme Court has recognized the existence of an imminent managerial reason in the following cases: (a) the employer has continuously experienced deficit operation; (b) due to continuous labor disputes, the operation of the employer is expected to worsen to a degree that half of the capital amount of the employer has decreased for one year; (c) a part of the business is changed to a sub-contract system due to continuous deficit operation and, as a result, the employer terminated the employment of related employees; or (d) in the course of privatization of a public corporation, reorganization of the corporation has been taken. In light of the foregoing, it can be concluded that an imminent managerial reason to terminate will be found to exist where it is inevitable that the employer must terminate employment in order to overcome actual difficulties in management. However, even where an employer with a positive balance sheet terminates the employment of a group of employees in order to overcome actual difficulties or to generate additional revenues, the existence of an imminent managerial reason will not be found to exist unless the inevitability of such termination can be proven objectively. Therefore, as described above, unless there is a legitimate, objective reason to terminate employees, it is not easy under current Korean labor laws to establish a justifiable cause or imminent managerial reason to terminate employees under LSA. However, as an alternative to termination, it is sometimes recommended that an employer attempt to persuade those employees whom it wishes to terminate to voluntarily retire from his/or her office. It is customary practice in Korea for an employer to induce the early retirement of employees whom they wish to terminate by offering them a reasonable severance package. Though not required by Korean law, a Korean company will ordinarily offer early retirement employees additional severance pay in addition to severance pay in accordance with standards set forth in LSA or the employer's employment rules and regulations. 2. Procedures regarding a court-sponsored mediation There are two kinds of mediation that could take place in the course of litigation before a Korean court, which we briefly note below. Under Korean law and practice, courts sometimes suspend pending litigation to request that the parties in the litigation try to reach a settlement. The courts may take such measure even after the close of hearing. The courts often rely on such procedure, which is called court-sponsored meditation, when the legal issues are highly complex or are not clear-cut, or if they believe that the dispute is better suited to a settlement rather than a decision entirely in favor of one party. In such a procedure, the court will typically hold a mediation session in court. If the parties cannot reach a settlement, then the mediation is stopped, the suspension on litigation is lifted, and litigation resumes. It is also noted that there exists a less voluntary variation on court-sponsored mediation (so-called court-ordered mediation). Under this approach, rather than request the parties to try to reach an agreement, the court may present a settlement proposal for the parties?consideration after listening to the parties during the mediation hearing(s). In such case, any party can reject the settlement order within 2 weeks of receiving the written notice of the court's settlement order. However, if neither party files their objection within the 2-week period, the court's order becomes final. It is then entered into court records as the final decision in the case. If any party rejects the settlement order, the mediation is dissolved and litigation resumes. HELPFUL INFORMATION Immigration Bureau http://www.immigration.go.kr/indeximmeng.html The National Human Rights Commission of the Republic of Korea http://humanrights.go.kr/eng/index.jsp Ministry of Labor http://english.molab.go.kr/ Ministry of Justice http://www.moj.go.kr/ Korean Legal Aid Corporation http://www.klac.or.kr/ws08040h.html Korean Labor Standards Act http://www.molab.go.kr/download/_20051220144304549.pdf Embassies http://seoul.usembassy.gov/ (USA) http://foreignaffairs.gov.ie/irishembassy/Korea.htm (Irish) http://www.australia.or.kr/ (Australian) http://www.nzembassy.com/home.cfm?c=8 (NewZeland) http://www.southafrica-embassy.or.kr/ (South Africa) http://www.gembassy.or.kr/de/home/index.html (German) http://www.chinaemb.or.kr/chn/ (China) http://www.uk.or.kr/ (British) http://www.dfait-maeci.gc.ca/world/embassies/korea/ (Canada) [i]Letter of Consent to Release Foreign English Teacher Name of Teacher: Teacher's Address: Telephone Number: Nationality: Passport Number: (Your name) has worked at (Name of school) from (start date) until (finish date) in the position of Foreign English teacher. I, (Name of boss), (Position of Name of School), herewith release (employee) from (his/her) labor contract effective _____/_____/_____ . Furthermore, I consent to (Your name) working for another English academy. Dated: School name: School address: School telephone number: Employer signature: Employee signature: Witness signature: Registered Stamp:

Where you fired improperly or forced to quit?

Posted by ESL Gateways at 01:08 AM on November 21, 2006

comments (0)

Here's a site where people will help you out,

http://shc.seoul.go.kr/

Can you leave a contract?

Posted by ESL Gateways at 01:07 AM on November 21, 2006

comments (2)

Keun Dong Lee at SIGONG LAW wrote:

It seems that there may have been many misunderstandings about Korean immigration law matters over the community of English teachers (as E-2 visa status, hereinafter ?English teachers or an English teacher?) in Korea.

An English teacher can leave Korea without any permission from his/her employer. Employers have no authority to prohibit or involve themselves in the attempts for foreign workers to leave Korea.

According to Korean Immigration Act, if an employer terminate (or dismiss) an employment contract, then the employer must report that termination to the Immigration Office within 15 days. And then, the foreign employee has to return his/her Foreigner?s Registration Card to the Immigration Office and receive an expatriation order. When the foreign employee receives that order, he/she has to leave Korea within 14 days.

Because the process above is legally organized, English teachers don?t have to worry about any arrest, fine, or imprisonment at the time to leave Korea. However, if that English teachers don?t leave Korea within 14 days from the order, then they are in illegal status and could be fined(In some cases, arrestment or imprisonment is possible. However, it rarely happens in the Airport when they leave Korea. Because, the arrestment and the imprisonment are tools to enforce deportation of illegal foreigners outside Korea, when they voluntarily leave Korea, that enforcement is not needed.)

It seems that the misunderstanding above may be due to the system of ?must receive employer?s agreement in advance in case of changing job place(or employer)?.

If a foreign employee does not want to change job place(or employer) but only want to leave Korea after the termination of the employment agreement, then there may be not any legal problems at all.

http://www.eslcafe.com/forums/korea/viewtopic.php?t=71432

Know what you are doing before you start!

Posted by ESL Gateways at 02:27 PM on September 02, 2006

comments (0)

One of the most valuable sites for teachers looking to understand their rights is www.efl-law.org There are a number of things you should look for before signing a contract. EFL-Law.org has a very comprehensive guide to contract information at www.efl-law.org/contracts.html There is also a very useful FAQ , a discussion forum, and a lot more valuable information on that site for teachers.

The Hagwon Checklist www.hagwonchecklist.com
A free site that gives teachers a chance to review a school as well as find multiple perspectives from a variety of teachers about a school. Teachers submitting their schools rate them as "great, good, poor or unacceptable".

The Mother of Greylists www.geocities.com/koreagraylist
This site provides alphabetical listings of schools in Korea that have received complaints and the complaints in question.

The Korean Hagwon Blacklist www.geocities.com/hagwonblacklist/
The goal of this site is to: "make it extremely difficult for schools who have previously mistreated teachers to find new recruits. We aim to do this by letting other teachers, as well as recruiters, and the schools themselves know who is blacklisted and why."

The Korean Schools White List www.geocities.com/teflgroup/koreawhitelist.html
The mission statement of this site is to provide information about decent, "white listed" schools so all teachers (new and seasoned) will know about the "good schools" that treat people fairly.

English School Watch www.englishschoolwatch.org/index.php
This site provides a forum on which one can "blacklist" a school as well as some helpful information about working overseas.

ESL Teachers Board www.eslteachersboard.com
Most schools on their "School Review" board are Chinese, but there are a few Korean schools on the list.

Leon's Greylist www.efl.htmlplanet.com/greylist.htm
This page is for those looking to become expatriate English teachers in Korea, and/or for those expats already in-country experiencing labor-related problems. It primarily functions as a watch list of institutions to watch out for. Secondarily, this page contains copious amounts of advice on how to deal with many possible problems in the Republic of Korea.

Blacklisted www.blacklists2003.proboards13.com/
Information Sites about Teaching Conditions in Korea