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Ramifications of Leaving Contract Early

 
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WhileAway



Joined: 30 May 2011

PostPosted: Sat Nov 08, 2014 8:14 pm    Post subject: Ramifications of Leaving Contract Early Reply with quote

If a person quits a job early through a one-year contract, does the visa stay valid? I would imagine that schools usually cancel the visa, right?

If the school cancels my visa, can I switch to D-10? Or is it too late once they cancel it. For example, if my visa is good until July 31, and I quit and the school cancels it on Dec 1, could I switch to a D-10?

The school wrote in the contract that if a teacher breaks contract, the teacher has to pay the school a large fine. The fine would be much higher than the actual relocation expenses that I received. If they tried to fine me excessively for leaving, how would I fight that? If I went to the labor board, could they help me fight a “fine for leaving” of more than was initially reimbursed? I want to stay in Korea afterwards, so don’t want lawyer stuff hanging over my head.

If I left the school, but didn’t pay the fine over leaving, and then remained in the country (Studying Korean Language), what kind of legal ramifications might I have to look out for? I am fine paying back my own relocation money; it is that extra fine I would try to fight.

Thanks for any information / insights.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Nov 08, 2014 8:52 pm    Post subject: Re: Ramifications of Leaving Contract Early Reply with quote

WhileAway wrote:
(1) If a person quits a job early through a one-year contract, does the visa stay valid?
(2) I would imagine that schools usually cancel the visa, right?

(3) If the school cancels my visa, can I switch to D-10? Or is it too late once they cancel it. For example, if my visa is good until July 31, and I quit and the school cancels it on Dec 1, could I switch to a D-10?

4) The school wrote in the contract that if a teacher breaks contract, the teacher has to pay the school a large fine. The fine would be much higher than the actual relocation expenses that I received. If they tried to fine me excessively for leaving, how would I fight that? If I went to the labor board, could they help me fight a “fine for leaving” of more than was initially reimbursed? I want to stay in Korea afterwards, so don’t want lawyer stuff hanging over my head.

5) If I left the school, but didn’t pay the fine over leaving, and then remained in the country (Studying Korean Language), what kind of legal ramifications might I have to look out for? I am fine paying back my own relocation money; it is that extra fine I would try to fight.

Thanks for any information / insights.


numbers added for clarity

1) No. If you quit you have 3 options:
a) leave within 14 days.
b) go to immigration, report the loss of employment and get 30 days.
c) IF you have a LOR you can transfer to a new employer or obtain a D10.

2) Not necessarily but that doesn't negate YOUR obligation by law to report the material change in YOUR status to immigration.

3) ONLY if they also issue a LOR. They can't cancel your visa. Only immigration can cancel your status of sojourn BUT your ex employer (as your sponsor) is also obligated to report your unemployment status to immigration).

4) A fool and their money are soon parted. You can fight it through a labor board tribunal and you will eventually win and they will eventually be ordered to return your money. Actually collecting it is another matter.

5) I'd be more worried about people with sticks than being sued over not paying an illegal fine to an employer.

Staying in the country from your unemployment to the date when the original ARC would have expired is another matter and not as easy or cheap as it sounds. It may entail 1 or 2 trips out of the country to get all cleared up.

.
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talentedcrayon



Joined: 27 Aug 2013
Location: Why do you even care?

PostPosted: Mon Nov 10, 2014 6:05 pm    Post subject: Reply with quote

Is it true that you must leave within 14 days?

I called immigration and they told me I had 30 days to leave the country after quitting my job. They didn't say anything about the 14 days.

If it is 14 days that sure leaves teachers in a bind. If you boss doesn't pay you, you have to wait 15 days before you can go to the labour ministry. So, basically, you wouldn't be able to file an appeal?

When I left Korea I was held and questioned for about 30-45 minutes. I was not fined and after a terse warning about not working in Korea, I was allowed to leave. The guy in immigration was a complete jerk.
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trueblue



Joined: 15 Jun 2014
Location: In between the lines

PostPosted: Mon Nov 10, 2014 7:01 pm    Post subject: Reply with quote

The thing is, leaving a contract early, for whatever resdon(s), are your own.

However, if you do the right thing by putting in the agreed notice, for example, "30 days", your employer can interpret that as "we don't need to keep you for those 30 days, as we can find a replacement before hand"...(a korean until another foreigner is found).
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Nov 10, 2014 8:10 pm    Post subject: Reply with quote

talentedcrayon wrote:
Is it true that you must leave within 14 days?

I called immigration and they told me I had 30 days to leave the country after quitting my job. They didn't say anything about the 14 days.

If it is 14 days that sure leaves teachers in a bind. If you boss doesn't pay you, you have to wait 15 days before you can go to the labour ministry. So, basically, you wouldn't be able to file an appeal?

When I left Korea I was held and questioned for about 30-45 minutes. I was not fined and after a terse warning about not working in Korea, I was allowed to leave. The guy in immigration was a complete jerk.


Do nothing and leave within 14 days = no issue.
Report your change of status to immigration and get 30.

The only difference is the report of your change of status.
It is a legal requirement to report ANY change in your status (employment, residence, etc) within 14 days if you remain in Korea.

.
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Cave Dweller



Joined: 17 Aug 2014
Location: Seoul

PostPosted: Tue Nov 11, 2014 12:09 am    Post subject: Reply with quote

The key to that is leave on payday. If you're lucky, payday will be a Friday. They won't know any different until Monday.

That's if you are doing a runner. If you give your notice, be mindful on what day you give such notice.

Example: Payday is on the 10th. Give your notice on the 1st of November to finish for Dec 1st, you are unlikely to see your November pay at all, as it will be taken for imaginary fine.

If you give notice on Nov 15, then come Dec 10, if you don't receive your pay, you can refuse to work the last 5 days. That will *beep* them over big time.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Tue Nov 11, 2014 1:11 am    Post subject: Reply with quote

talentedcrayon wrote:
Is it true that you must leave within 14 days?

I called immigration and they told me I had 30 days to leave the country after quitting my job. They didn't say anything about the 14 days.

If it is 14 days that sure leaves teachers in a bind. If you boss doesn't pay you, you have to wait 15 days before you can go to the labour ministry. So, basically, you wouldn't be able to file an appeal?

When I left Korea I was held and questioned for about 30-45 minutes. I was not fined and after a terse warning about not working in Korea, I was allowed to leave. The guy in immigration was a complete jerk.


If you have ongoing legal matters to attend to (e.g. getting your ex-employer to pay you money owed), you can ask immigration to give you longer. It's not unheard of. Since you can't legally work during that period, then you'll likely spend more money trying to get what you're owed (unless you're owed a LOT). If you are owed enough to actually merit sticking around then you'd be best off just getting another job because forcing someone to pay you can take months. If you were owed a few months of back pay (as opposed to just two weeks of pay) then the LB will give you a letter that you can use at immigration to transfer your visa (to another school or to a D10 visa).
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Tue Nov 11, 2014 1:15 am    Post subject: Reply with quote

Cave Dweller wrote:
The key to that is leave on payday. If you're lucky, payday will be a Friday. They won't know any different until Monday.

That's if you are doing a runner. If you give your notice, be mindful on what day you give such notice.

Example: Payday is on the 10th. Give your notice on the 1st of November to finish for Dec 1st, you are unlikely to see your November pay at all, as it will be taken for imaginary fine.

If you give notice on Nov 15, then come Dec 10, if you don't receive your pay, you can refuse to work the last 5 days. That will *beep* them over big time.


There is no rush and no need to sneak out of the country. If you think you'll be cheated (which is often the case) then you're correct about waiting until after payday (i.e., not giving advanced notice). Other than that, you just need to move out of the apartment before you tell your boss that you've quit. It's not a legal matter but more or less so that he can't come and harass you (and possibly toss your stuff out while you pop out of the apartment). But, if you want to take a 2 week (or 4 week) vacation and do some sight seeing or just chill out with friends before leaving Korea, you don't have to worry about it. There's nothing that your boss can do to prevent you from leaving.
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Old Painless



Joined: 01 Jan 2014

PostPosted: Tue Nov 11, 2014 9:20 am    Post subject: Reply with quote

You could negotiate your situation by offering to find a good replacement, thereby saving the school the money and time it would take to find someone.

By the sound of what people are saying in these forums about finding work in Korea, it wouldn't take very long to find a qualified candidate to take your place.
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