Korean Job Discussion Forums

[ddseoul2003]

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]

1 month pal.. stick it out

[J.B. Clamence]

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]

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]

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]

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]

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]

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]

[J.B. Clamence]