Korean Job Discussion Forums

ddseoul2003 · Joined: 24 Nov 2003

I am almost to the 5 month mark of a 1 year contract. I would like to leave the hogwan (and Korea)but do things as legally as possible. Is it better to get fired or quit (under the 6 month mark)? I am concerned as to what legal rights apply in these two situations.

The hogwan problems are typical: disorganized, textbooks are a joke (when there are any), constant changes, teachers kept totally in the dark about everything (meetings, no translations, not able ot see evaluation forms, no support from Korean staff when problems arise, etc.). All teachers just recieved a second warning in the span of two months re: re-enrollment (it is down they say, I wonder why?). I am left to question: is it better to get fired or just give 30 days notice? Which option benefits the teacher more? What obligations (legally) does the employer have under each scenario?

Any info. or personal experience is appreciated...

wylde · Joined: 14 Apr 2003

1 month pal.. stick it out

J.B. Clamence · Joined: 15 Jan 2003

Seriously. You've stuck around 5 months, and it's so bad you can't take just a few more weeks? Just close your eyes and take it, man.

Lost Seoul · Joined: 10 Jan 2003

As I interprit it, if you leave before the six month mark you will not be covered under article 32 of the Labor Standards Act. As such you could be fired before you wished to be. As its only for another month I would suggest seeing the contract out.

Article 32 (Advance Notice of Dismissal)
(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose.

Article 35 (Exception of Advance Notice of Dismissal)
The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:
1. a worker who has been employed on a daily basis for less than three consecutive months;
2. a worker who has been employed for a fixed period not exceeding two months;
3. a worker who has been employed as a monthly-paid worker for less than six months ;
4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and
5. a worker in a probationary period

prairieboy · Joined: 14 Sep 2003 Location: The batcave.

If I understand you correctly, you have a six month contract and have almost worked five months. You are having problems at the school, the school is having problems, regardless, you aren't happy there anymore.
Right?

Since you've only got a month or a little over a month to go then just stick it out and be done. If you get fired, well, you are still entitled to your pay up to that point. You wouldn't have received a severance anyway since you were supposed to work for less than a year.

Unless your contract has penalities for early termination, you shouldn't have anything to really worry about either way. If the school is so disorganized they probably won't even tell immigration you've been fired if it happens.

If you are fired make sure immigration knows the circumstances so you'll have ample time to get packed and leave without being rushed.

Good luck either way!

wylde · Joined: 14 Apr 2003

lost seoul... ya forgot to mention a clause mentioned in most contracts

word for word.. mula

if the teacher is unable or incapable of fulfilling his/her required duties due to incompetence.

then it is their word against yours.. you know who will win..
if so, the school needs to give zero notice

no severence

wylde · Joined: 14 Apr 2003

my lacking maybe but...

i'm am not sure of a difference in regulations between 12 month contracts and 6 month... i would find it difficult to believe the rules are the same, although, being in korea, i would understand anything is possible

busan_boy2000 · Joined: 11 Nov 2003

I don't understand. So if you are almost at the 5 month mark of a 6 month contract why give 30 days? Won't that leave just a week or two anyway. Won't it be the same as just finishing your contract? And maybe you can score severence that way. On the other hand you could just leave (I know - its the wrong thing to do so spare me the flames) and no problem - unless you plan to come back? I'm confused so ill just shut up now.....

Phoenix · Joined: 03 Jun 2003

J.B. Clamence · Joined: 15 Jan 2003

ddseoul2003 · Joined: 24 Nov 2003

Clarification: I am at the 5 month mark of a 1 year contract, not 6 months as stated previously. So, the burning question is what rights do I have if I give 30 days notice after 5 months of service(which will bring me to the 6 month mark), and what are the chances of getting all wages due to me at that time?

Phoenix and Clamence have both hit on the issues well....I just don't trust these bastards enough to do the right thing by me and pay all proper wages due at the end of the contract. They will have plenty of time to find another teacher and find different ways to make my life hell and screw me or fire me without notice or pay once I've given them notice

What do all of you think?

Thanks...

maxxx_power · Joined: 17 Mar 2003 Location: BWAHAHAHAHA! I'M FREE!!!!!!!

If you want to leave with no hassles to YOURSELF then pull a runner. Pack your things and leave the weekend after payday, hand in your alien card to the immigration officer at the airport and board the plane.

No one will stop you or come after you once you are gone. The other teachers may hate you but you never knew them before you came to korea and will most likely never see them again.

No deductions, no hellish treatment at work prior to leaving, just leave. You stated you didn't want to come back anyway, so run.

DO NOT TELL ANYONE YOU ARE RUNNING! if you plan on doing this.

wylde · Joined: 14 Apr 2003

ya.. sorry ddseoul, my inaptitude. i see now 1 year contract.

maxxx is right though... if you are not returning, just bail.

pack your stuff and shoot off... it will leave your boss without a teacher and that is kinda bad... if you don't care... happy trails bro.

check your contract, if there is anything in it about instant dismissal see if they could pin something on you. check it carefully.

the right thing would be to give notice but then if they could pin something on you and had another teacher not too far away i'm thinking you wouldn't have to go to work tomorrow. as well, receive no more cash.

your choice pal.. good luck with whatever you choose

wylde · Joined: 14 Apr 2003

re: your wages..
the only way to be 100% sure you'll be paid without any hassle... is to get paid first and then do the ol runner trick.

busan_boy2000 · Joined: 11 Nov 2003

I have to agree. If you don't plan on coming back, pull a runner. However it is really your call - as to whether or not you can trust your boss. A brief look through these postings will have no shortage of people trying to due the right thing and getting screwed. however always remeber that people with a beef tend to post - those that do get treated fair ususally are out enjoying themselves. Like a bad restaurant - if you are unhappy with the food or service you will tell 20 people about it. If you had a great meal with excellent service you will only tell 2 or 3 (Im still not sure if this analogy is apt to describe Korea, however - comments welcome).

Maybe you could tell him you want to leave in 30 and ask to be paid on a weekly basis. If he fails to do this after the first week you won't fel so bad about pulling a runner, and maybe (although unlikely) he'll learn a lesson.