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Wanting to Leave Legally

 
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Howard Roark



Joined: 02 Feb 2003
Location: Canada

PostPosted: Fri Feb 07, 2003 3:31 am    Post subject: Wanting to Leave Legally Reply with quote

i'll try to make this as short and coherent as possible.

my friend "jane" just finished a 1 year contract at a hagwan today. she wanted to stay until the end of june to make a bit more cash and had been telling the school of her intention to do so for a long time. she has signed a new contract with this same hagwan which doesn't actually begin until monday (feb 10). her work visa is good until like next septmeber or something like that.

anyways, before she singed the new contract she found a university job that she really wanted to take but she didn't take it because she said she would have felt guilty after having told the hagwan she would be staying on.

the hagwan then loses a bunch of students. so jane and some of the other, now surplus, teachers have like 1 or 2 or 3 classes a day. and she's losing about half her pay as a result. Crying or Very sad

she figured the school would not want to keep her on because they don't need her now. she went to the boss to tell him she did not expect him to honor the contract. she thought she was doing him a favor. and she was happy because she could now take the uni job Very Happy .

she talked to him this morning. he told her he has no intention of letting her go! he also said if she tries to leave anyway he will go to immagration and say that she broke her contract and he will also say that her boyfriend has been teaching privates. Evil or Very Mad

she is pretty shocked right now Shocked and doesn't know where to turn. so i hope i can help her by writing this messege.

by cutting her hours and pay, has the boss already broken the contract? can he leaglly keep her from leaving? if she leaves is she doing anything illegal? can he prevent her from getting a job someplace else?

and what about the fact that the contract isn't in effect yet? it starts on monday? is there any loophole about breaking the contract before it begins?

she knows she can leave whenever she wants but she wants to do everything legally as she wants to continue working in korea.

thanks to anyone who has any knowledge on this matter.
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udenjoe



Joined: 07 Feb 2003
Location: Detroit

PostPosted: Fri Feb 07, 2003 7:35 am    Post subject: Reply with quote

"by cutting her hours and pay, has the boss already broken the contract? can he leaglly keep her from leaving? if she leaves is she doing anything illegal? can he prevent her from getting a job someplace else? "

I would assume this is a break in contract. If she doen't get the pay that is in her contract should be breach. This is your advantage. You have to talk to him again and be strong. She can get out of it. The two of you, if you are living together, should both talk to him at the same time. Face him strongly. You might have to wait for a replacement though and the uni. might not wait.
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batman



Joined: 24 Jan 2003
Location: Oh so close to where I want to be

PostPosted: Fri Feb 07, 2003 5:00 pm    Post subject: Reply with quote

I would suggest your friend go to the labour board and the immigration department both.
The department of immigration also has a handy website, here is the link:
http://www.moj.go.kr/immi/08_english/01_introduction/civil_f.html
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Chillin



Joined: 07 Feb 2003

PostPosted: Fri Feb 07, 2003 10:00 pm    Post subject: Problem is... Reply with quote

Yes, it is a material breach!!!!.... I mean a breach of contract and the labor board is the place to go. However, if the ownwer can substantiate the claim that the teachers have been teaching privates (you failed to say wether this was true or not) then the teachers are in big trouble should he report them to immigration. Furthermore, if they have been teaching privates it is too late for them to "legally leave the country" as they have already commited fraud. and would be sneeking out of the country as common crimminals. If they pay back all the money and sincerely apologize to the Korean people they can then leave legally at any time, if such monies do in fact exist.
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Chillin



Joined: 07 Feb 2003

PostPosted: Fri Feb 07, 2003 10:24 pm    Post subject: Whoops Reply with quote

Sorry, I re-read the post and see that the female is not accused of teaching privates; she can leave legally at any time. Perhaps she has benefited from the illegal funds and thus her conscious must be declared as excess baggage... or her boyfriend, for that matter.
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Howard Roark



Joined: 02 Feb 2003
Location: Canada

PostPosted: Sun Feb 09, 2003 9:09 am    Post subject: Thanks Reply with quote

thanks to all who responded.
i didn't say whether or not it was true about him teaching privates because i don't know. my friend told me all of this over the phone, she works at a different school than i, she only told me what the boss said. i didn't ask her if it was true or not.
thanks again.
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Howard Roark



Joined: 02 Feb 2003
Location: Canada

PostPosted: Sun Feb 09, 2003 9:15 am    Post subject: Curious Reply with quote

i'm curious. wouldn't the boss (or any accuser) have to somehow prove that the accused was or did teach privates? how would he/she do that? if it couldn't be proven, what would be the consequence to the accused?
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