In the bustling world of private language schools, or “hagwons” as they’re known in South Korea, ownership changes are not uncommon. But what happens to the teachers when the sign above the door changes? Here’s a breakdown for those navigating these waters.
Understanding Business Transfers
First off, let’s clarify what a business transfer is. Think of it as passing the baton in a relay race. The business, with all its assets and staff, is handed over to a new owner. The key here is that the business keeps running, just with someone new at the helm. If the business is dismantled during the sale, then it’s not a straightforward transfer.
What About the Teachers?
The big question on everyone’s mind: “Do I still have a job?” Well, according to legal precedents, in most cases, the answer is yes. When a hagwon changes hands, the teachers typically go with it. It’s like a package deal.
However, there’s a catch. The new owner can decide to exclude certain teachers from this package, but they can’t just do it on a whim. There has to be a solid reason, as per the Labor Standards Act. Simply changing ownership doesn’t cut it.
Who’s Holding the Employment Contract Now?
Once the ink dries on the sale, the new owner steps into the shoes of the old one, contract-wise. Here’s what that means for teachers:
- Work Conditions: Teachers, you’re still on the same playbook. Your wages, hours, and other conditions remain unchanged. If the new boss wants to shake things up, they’ll need a nod of approval from you.
- Contract Terms: Your original contract stands. That means your salary and perks, like annual leave, stay the same.
- Severance Pay: This one’s a bit tricky. If you’ve been with the hagwon for a while and it’s sold, your time served counts when calculating severance pay. But there are exceptions. For instance, if you quit and then rejoin under the new owner, only your time with the new owner counts. If you’re pushed out by the old owner and then rehired, your time with both counts. And if both owners decide your old tenure doesn’t count for severance, they need your agreement.
In a Nutshell
When a hagwon gets a new owner, teachers usually stay on board with their contracts intact. But as with all things, the devil’s in the details. Teachers should be aware of their rights and the nuances of business transfers to ensure they’re treated fairly.
