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Legally giving notice - return flight still valid?

 
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northy



Joined: 18 Aug 2006
Location: Paju City

PostPosted: Fri Feb 16, 2007 6:02 am    Post subject: Legally giving notice - return flight still valid? Reply with quote

I'm planning on leaving my teaching job in June 9 1/2 months into a 12 month contract. The contract states that either I or my employers can give one month's notice to terminate the contract. Would my employers still be legally obliged to pay for my flight home if I didn't complete the full term of the contract?

Would the school have had to purchase a return flight in the first place considering that I didn't acquire my E-2 visa until a month or so after arriving in Korea?

The alternative of course is just to leave unannounced after my 9th month pay day, though I'd obviously rather not create staffing problems, be able to work the extra 1/2 month and not have to pay my own flight home.

Help much appreciated.
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butlerian



Joined: 04 Sep 2006
Location: Korea

PostPosted: Fri Feb 16, 2007 6:21 am    Post subject: Reply with quote

Generally you need to complete the contract in order to receive a return flight home.
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northy



Joined: 18 Aug 2006
Location: Paju City

PostPosted: Fri Feb 16, 2007 6:23 am    Post subject: Reply with quote

butlerian wrote:
Generally you need to complete the contract in order to receive a return flight home.


I've heard it mentioned sometimes that you qualify for the flight home after 6 months. Presumably this isn't a legal requirement?
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butlerian



Joined: 04 Sep 2006
Location: Korea

PostPosted: Fri Feb 16, 2007 6:24 am    Post subject: Reply with quote

northy wrote:
butlerian wrote:
Generally you need to complete the contract in order to receive a return flight home.


I've heard it mentioned sometimes that you qualify for the flight home after 6 months. Presumably this isn't a legal requirement?


I think what you've heard is that you don't have to reimburse your school for your flight to Korea once you've completed six months.
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northy



Joined: 18 Aug 2006
Location: Paju City

PostPosted: Fri Feb 16, 2007 6:27 am    Post subject: Reply with quote

butlerian wrote:
northy wrote:
butlerian wrote:
Generally you need to complete the contract in order to receive a return flight home.


I've heard it mentioned sometimes that you qualify for the flight home after 6 months. Presumably this isn't a legal requirement?


I think what you've heard is that you don't have to reimburse your school for you flight out once you've completed six months.


You're right, my mistake. Was / is there ever any liability to refund agency fees and visa run expenses?
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BigBuds



Joined: 15 Sep 2005
Location: Changwon

PostPosted: Fri Feb 16, 2007 7:12 am    Post subject: Reply with quote

If leaving before the six month mark, you will usually find it standard in most contracts that the airfare to Korea is to be paid back to the employer or if you were already in Korea and had to do a visa run, then the cost of the visa run to be paid back. It also, usually says that the employer is not responsible for the teacher's return flight back to their home country. You will need to check the wording of your contract to be certain.

Now, if the school brought you out to Korea and had you do a visa run once you arrived, either to save time or they were too incompetent to get it done before you left for Korea, I think that the teacher shouldn't have to pay that back to the employer because it was the employers decision to create that expense and should be responsible for it either way. I can bet though, that many employers would try to get that out of you as well. if it's not specifically in the contract then you don't owe it.

As for paying back recruitment fees, that is totally their problem and have no legal right what so ever to get a teacher to reimburse them for that. If an employer tries to do it, contact the labor board and they will usually set them straight.
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northy



Joined: 18 Aug 2006
Location: Paju City

PostPosted: Fri Feb 16, 2007 7:15 am    Post subject: Reply with quote

Thanks you've both been very helpful.

I've plenty of time to mull over the options before June.
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CBP



Joined: 15 May 2006
Location: Korea

PostPosted: Sat Feb 17, 2007 7:05 pm    Post subject: Reply with quote

Pardon the intrusion, but along this same line ...

Are there any legal ramifications for not only breaking the contract but also walking out without notice?

Thanks.
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huck



Joined: 19 Jan 2003

PostPosted: Sat Feb 17, 2007 8:02 pm    Post subject: Reply with quote

Legal ramifications? No, not really. Some people say that your school can go to immigration or someone and get you blacklisted, but I don't think that's true.

A friend of mine did it and then came back on a tourist visa a few months later with no problems. But I think you have to wait for your current E-2 visa to expire before you can get another job -unless your school cancels it, which they might do, since they're responsible for you and whatever problems you cause while you're in Korea (or so said my director from last year).

My friend just left the day after payday, left a letter apologizing, and took off.
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