Korean Job Discussion Forums

[Morton]

I have been offered and accepted a position at a Petrochemical company in Seoul. I currently work at a public school in Siheung. I handed in my resignation today and said i would work the 60 days notice the contract stated. My principal said he would rather i left today. This leaves me with a fortnight before my flight home for Christmas. I return on the 4th of January which is when my new job wants me to start.

Is there any law that would help me keep my job, and earn money for another fortnight?

Thanks.

[OculisOrbis]

Tell your boss that you gave him the notice that waqs required under your contract and you will continue to work for those 60 days. If he wants you to leave today, then he is required to give you 30 days written notice to dismiss you or he has to give 30 days pay in lieu of notice (still written notification). That is Korean Labor Law. However, if you have been there less than six months he can fire you without notice. I hope you have been there at least six months....Good luck.

[Satin]

There is a sticky that covers this kind of thing. Take a look. After "reminding" the principal of the labor law call the labor board if he doesn't come around. Not sure I'd want to stay the full 60 days under the circumstances, but you could at least be paid for 30 days and still make it back for the new contract.

If your contract is with the school and not the POE, then you have to deal directly with the school. In any event, the law is on your side. Except I'm a bit confused. You said you gave 60 days notice but the Petrochemical company wanted you to begin Jan 4. Would that have finished your 60-day notification?

Could be he wants you to leave sooner so he doesn't have to pay your salary over the winter break. Too bad. He'd still have to pay according to the labor law. Get him to put his statement in writing so the Labor Board can see that it's his idea.

Good luck.

[garykasparov]

Can you post the resignation clause please?

[nobbyken]

He should give you 15 days written notice (according to my March 2007 contract), if principal deems you to have:
a]Violate the law
b]Failure to perform (or unsatisfactorily) any stipulated duties.
c]Fails to perform for more than a week.
d]Application neither true or accurate.
e]Medical reason (physical or psycholoical) or ailment preventing performance of duties.
f]Sick leave exceeds 30 days.

[ttompatz]

[nobbyken]

Yeah, I would take the 15 days to be because of what is in the law,worker has caused considerable difficulties to a business. 15 is the minimum if you have caused difficulties, but 30 should be the normal procedure.

All the best anyway, keep us posted of how it goes.

[Morton]

Just had a meeting with the principal and he agreed to let me leave when i leave for Scotland at Christmas.
Instead of saying he owed me anything i just told him that this job was a great opportunity for me to work in the field my degree is in.
After alot of stress and talking he agreed.

Thanks for the replies.

[richardlang]