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need to resign; boss wont accept

 
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reedtea



Joined: 06 Feb 2003

PostPosted: Mon May 26, 2008 2:58 am    Post subject: need to resign; boss wont accept Reply with quote

Does anyone know what the labor laws are about resignation, like how many days notice, etc??

I am at a University and just found out that my grandfather is very very sick and that I have to go home. I need to know where in the LSA it states how to do this legally. My boss wont accept the reasoning and is saying that I am breaking my contract.

Please help! You can either reply thru the thread or PM me.

Thanks in advance
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Mon May 26, 2008 3:00 am    Post subject: Reply with quote

You ARE breaking your contract by resigning. BUT, you can still resign if you give notice as spelled out in your contract or 30 days as stated in the laws. Sorry, but I don't have the link right now, but that's the law. Besides, if your grandfather is sick, why do you care if he takes your resignation? Just leave.

KPRROK
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reedtea



Joined: 06 Feb 2003

PostPosted: Mon May 26, 2008 3:07 am    Post subject: Reply with quote

I want to get my private pension back, its about 3.5 mill of what I put in there, I really dont care about if/what they put in.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon May 26, 2008 3:11 am    Post subject: Reply with quote

kprrok wrote:
You ARE breaking your contract by resigning. BUT, you can still resign if you give notice as spelled out in your contract or 30 days as stated in the laws. Sorry, but I don't have the link right now, but that's the law. Besides, if your grandfather is sick, why do you care if he takes your resignation? Just leave.

KPRROK


LEGALLY you do NOT have to give notice (show me in any of the relevant labor laws where an employee required to give notice).

It is a breach of contract and as such the required notice or terms of resignation are regulated by your contract. Failure to give the appropriate notice IS a breach of the contract.

You are free to quit at any time - they cannot force you to work.

(Article 7 of the new labor standards act: An employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement or by any other means which unjustly restrict mental or physical freedom. )
http://english.molab.go.kr/data/LaborStandardsAct.pdf

BUT

there may be financial repercussions if you do NOT complete the contract or follow the requirements for early termination of said contract.

reedtea wrote:
I want to get my private pension back, its about 3.5 mill of what I put in there, I really dont care about if/what they put in.


This is between you and the pension company NOT you and the employer.

Employee Retirement Benefit Security Act:
http://english.molab.go.kr/data/EmployeeRetirementBenefitSecurityAct.pdf

.


Last edited by ttompatz on Mon May 26, 2008 3:13 am; edited 1 time in total
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daz1979



Joined: 29 Apr 2006
Location: Gangwon-Do

PostPosted: Mon May 26, 2008 3:12 am    Post subject: Reply with quote

Should say in your contract. Also, if you just want a short visit home, do you not have any emergency leave stated in your contract?
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AliNZ



Joined: 11 Feb 2003

PostPosted: Mon May 26, 2008 2:18 pm    Post subject: well...here's a thought Reply with quote

Ho long have you been there in this contract?

How long to go?

Perhaps you could offer to find a replacement?

Could you get someone to work for you for a few months if you intend to return?

That way, everyone is happy... he will think you are 'family' oriented and yet take your 'work' and his income responsibilities... win-win

If you think this is worth considering, let me know, I may know someone who may be interested in taking it over or filling n for you...
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Mon May 26, 2008 4:19 pm    Post subject: Reply with quote

One of the Korean girls I know broke up with her Korean boyfriend. He "did not accept" and said "we are not broken up."

Ummmm.....??????
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Cerriowen



Joined: 03 Jun 2006
Location: Pocheon

PostPosted: Mon May 26, 2008 4:27 pm    Post subject: Reply with quote

Are you going to come back to Korea? You could request emergency leave, and tell him you'll be back in 1 or 2 months to complete your contract.
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bassexpander



Joined: 13 Sep 2007
Location: Someplace you'd rather be.

PostPosted: Mon May 26, 2008 4:30 pm    Post subject: Reply with quote

Well, seeing that you have 4 weeks or so of classes left at your uni, it does put them in a bit of a predicament towards the end of the semester.
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reedtea



Joined: 06 Feb 2003

PostPosted: Mon Jun 09, 2008 2:28 pm    Post subject: Reply with quote

I am finishing out my semester here. I have been with this school for 2 previous contracts. I have done everything that they have asked of me during these pas 2.5 years.

I am not asking them to pay my way back. All I want is my last months pay and the pension.

I wont take emergency leave. I am done with this place, I have been here for 7 years, it is time for me to go. so if anyone wants to apply for this stinky position, please let me know, I will give you all the details and who to get in touch with. . .

C
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Unposter



Joined: 04 Jun 2006

PostPosted: Mon Jun 09, 2008 3:47 pm    Post subject: Reply with quote

Ttompatz as usual has the best answer.

For me, what I find interesting, is that you work for a university. The university I work for, would probably just give you a warm suggestion to watch your bum so the door doesn't hit it on the way out - there are thousands of people, qualified or not, that would take your place so we don't care.

A hakwon or PS might see it otherwise.

I would see this as a red flag that there some other kind of problem going on - though I do not know what.

Sorry about your grandfather. Push comes to shove, my advice, would be go see your grandfather and worry about the reprecussions later. As Ttompatz said money paid into pension is yours and your school cannot withhold it from you.
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