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30 Days Notice?

 
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plus99



Joined: 30 Dec 2007

PostPosted: Wed Feb 20, 2008 4:43 am    Post subject: 30 Days Notice? Reply with quote

I understand it depends on the contract but im looking for general tendencies. If you get fired by a school, do they have to give you 30 days notice? As in, youd work 30 more days, live in the apartment, etc.

Then you get a letter of release and you have 14 days to leave the country/find another school?

This is also assuming of course youre not fired fordoing anything drastic.

It seems kind of extreme to end a contract with anything less than that, given the apartment and visa issues that are tied to these jobs. Im just curious about thhe general rule, I dont have a specific contract in mind.
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i_teach_esl



Joined: 07 Sep 2006
Location: baebang, asan/cheonan

PostPosted: Wed Feb 20, 2008 8:04 am    Post subject: Reply with quote

i work for cdi and it's in the contract that they dont have to give any notice at all.

if you the teacher decides to quit, tho, its in the contract that you give them 30 days notice.
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chachee99



Joined: 20 Oct 2004
Location: Seoul Korea

PostPosted: Wed Feb 20, 2008 7:22 pm    Post subject: Reply with quote

i_teach_esl wrote:
i work for cdi and it's in the contract that they dont have to give any notice at all.

if you the teacher decides to quit, tho, its in the contract that you give them 30 days notice.


And you agreed to that?
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Dome Vans
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PostPosted: Wed Feb 20, 2008 8:16 pm    Post subject: Reply with quote

chachee99 wrote:
i_teach_esl wrote:
i work for cdi and it's in the contract that they dont have to give any notice at all.

if you the teacher decides to quit, tho, its in the contract that you give them 30 days notice.


And you agreed to that?


Ouch! Agree with that one. They can fire you directly when it suits them but you can't leave unless it suits them.

Quote:
RESTRICTIONS ON DISMISSALS

Employers cannot dismiss employees without justifiable causes. If dismissed without justifiable causes, an employee can apply for redress to a Labor Relations Commission. Employers may be subject to punishment for any unjustifiable dismissal.

If an employer wants to dismiss his/her workers for managerial reasons, the employer should meet strict conditions and procedures. First of all, the employer should have urgent managerial reasons, make every effort to avoid such dismissal, select those to be dismissed by rational and fair standards, and sincerely consult with the trade union or workers' representatives in advance.

On the other hand, even when an employer dismisses his/her workers for justifiable reasons, the employer must notify the workers concerned of dismissal at least 30 days in advance. Otherwise, the employer should pay the workers 30 days or more of ordinary wages.


http://www.helplinelaw.com/law/south%20korea/labour%20laws/labour%20laws.php

In the actual Labour Laws, it's Article 26. Advance notice of Dismissal.

If you sign these contracts, you're bound to it.

If you feel as though you're getting skrewed by your boss, late payments etc. Then make sure you have evidence. If they constantly miss payments, no pension health insurance. Get copies of payslips. Inform the Labour Board they'll keep a file on it. If there are any impromptu firings then they'll already be aware of employer problems.
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plus99



Joined: 30 Dec 2007

PostPosted: Wed Feb 20, 2008 8:59 pm    Post subject: Reply with quote

thanks dome. that seems a lot more reasonable and im assuming that even if your contract says the school doesnt have to give notice, they still do.


btw, i cant even believe all of these stories about teachers not getting paid. thats unreal.
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Mi Yum mi



Joined: 28 Jan 2008

PostPosted: Thu Feb 21, 2008 5:20 am    Post subject: Reply with quote

Contract smontract. 30 days is the LAW.
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Dome Vans
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PostPosted: Thu Feb 21, 2008 5:30 am    Post subject: Reply with quote

Mi Yum mi wrote:
Contract smontract. 30 days is the LAW.


Unfortunately:

Quote:
ADVICE** Once you have signed the contract you will not be able to change any term and your employer will interpret any vague terms in his favor. You can NOT resign and change jobs in Korea. The employer has to RELEASE you and Immigration have to approve the change. It can take time and you will be paying for temporary accommodation while this happens.


Quote:
Many contracts were conglomerations of clauses plagiarized from a variety of other contracts, stuck together, and presented to the aspiring employee teacher as a fait accompli. Some contained meaningless sentences with atrocious grammatical structure and or spelling mistakes. Others contained clauses designed to bluff/scare the teacher so as to to prevent him/her from seeking recourse to his/her undeniable legal rights.


http://www.efl-law.com/contracts.php

Very good website this. Deals with a lot of important issues and is very easy to navigate.
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plus99



Joined: 30 Dec 2007

PostPosted: Thu Feb 21, 2008 8:39 pm    Post subject: Reply with quote

Mi Yum mi wrote:
Contract smontract. 30 days is the LAW.



the only thing about that site is that it looks like its a legal opinion site. it seems there is a chance the laws could have changed since this was written.
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Dome Vans
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PostPosted: Thu Feb 21, 2008 9:23 pm    Post subject: Reply with quote

plus99 wrote:
Mi Yum mi wrote:
Contract smontract. 30 days is the LAW.



the only thing about that site is that it looks like its a legal opinion site. it seems there is a chance the laws could have changed since this was written.


I wouldn't say take it as word. But it has a lot of good advice and it's simple reading, bit like Dave's but minus the sh*t.
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