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Being Released From My Contract Early

 
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bdurrani



Joined: 19 Sep 2011

PostPosted: Thu Nov 15, 2012 6:06 am    Post subject: Being Released From My Contract Early Reply with quote

Hi, I need some advice about an issue of release. So, my owner tells me that they have financial issues and can only keep 1 out of 2 foreign teachers. They asked if I wanted my release at the end of November. They told me this November 9th which gives me less than the 60 days promised in the contract. I told them about this and said they either need to give me the 60 days notice or give me my severance pay. I have 3 months left on my contract and would like to finish it so I can work at a public school.

Do you think I should contact the Labor Board? I don't want to get fired but I also don't want to get ripped off and not have a job in December. I haven't signed anything yet. Thanks in advance.
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s.tickbeat



Joined: 21 Feb 2010
Location: Gimhae

PostPosted: Thu Nov 15, 2012 6:35 am    Post subject: Reply with quote

If they serve you with a written dismissal notice 30 days in advance of your final day, there is nothing you can do. I suppose that you could fight on the grounds of unlawful dismissal, but you'd probably lose if they're actually having financial trouble.
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bdurrani



Joined: 19 Sep 2011

PostPosted: Thu Nov 15, 2012 6:55 am    Post subject: Reply with quote

No notice as of yet and they are asking me to leave at the end of November so it will be less than 30 days.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Nov 15, 2012 8:57 am    Post subject: Reply with quote

bdurrani wrote:
No notice as of yet and they are asking me to leave at the end of November so it will be less than 30 days.


Ok, but how easy will it be to get the public school job? Why don't you find out how you can get the D10 and if you need a letter of release you may have to work something out with the school.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Fri Nov 16, 2012 4:10 pm    Post subject: Reply with quote

s.tickbeat wrote:
If they serve you with a written dismissal notice 30 days in advance of your final day, there is nothing you can do. I suppose that you could fight on the grounds of unlawful dismissal, but you'd probably lose if they're actually having financial trouble.


Wrong on two counts.

1. If the contract says 60 days, they owe him 60 days.

2. If they're having financial problems and want to fire him for that reason, they have to get approval first from the ministry of labor. Otherwise it's unjustified and if the school doesn't actually go out of business and sell off all it's assets and the owner fees the country, then the court can force the owner to pay up. Even if they do fire him, they're still required to pay him what he's owed.
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