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maddog
Joined: 08 Dec 2005
Location: Daegu
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 Posted: Sun Jul 06, 2008 10:06 pm Post subject: 60 days notice |
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My employer is asking me to sign a new contract - they recently promoted me and gave me a modest pay raise. However, the new contract stipulates that I must give 60 days notice if I wish to quit. It's currently 45 which is a lot. I understand that hagwons are having a very tough time recruiting teachers. Does 60 days seem totally excessive? In all honest, I'm not going anywhere soon.
Additionally, (pls correct me if I'm wrong) I doubt it's even worth the paper it's printed on.
MD |
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Yu_Bum_suk
Joined: 25 Dec 2004
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| Posted: Sun Jul 06, 2008 10:11 pm Post subject: |
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| By law you only need to give 30, and Korean labour law trumps your contract. |
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CentralCali
Joined: 17 May 2007
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| Posted: Sun Jul 06, 2008 10:18 pm Post subject: |
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If you agree to a greater term of notice, then you are contractually bound by that term. The trump factor of the law comes into play if the contract has a period of notice shorter than 30 days.
It's a myth, one that dishonest employers really want their employees to believe, that contracts in Korea are "not worth the paper they're printed on." If you must go to either the Labor Board or the courts, said entities will most certainly ascertain what the contract terms are and if there are statutory contradictions to the terms of the contract. |
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Ramen
Joined: 15 Apr 2008
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| Posted: Sun Jul 06, 2008 10:48 pm Post subject: |
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| Yu_Bum_suk wrote: |
| By law you only need to give 30, and Korean labour law trumps your contract. |
No, by law you don't need to give them any notice. You are free to do a runner anytime.
By law employers are suppose to give you 30 day notice. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sun Jul 06, 2008 11:15 pm Post subject: |
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| Yu_Bum_suk wrote: |
| By law you only need to give 30, and Korean labour law trumps your contract. |
This is true if the contract gives you LESS than what labour law mandates.
This is false if the contract stipulates MORE than the labour law.
Less than 30 days notice in the contract? Labour law trump the contract.
More than 30 days notice in the contract? Contract trumps abour law.
(same goes for vacation days... Labour law stipulates the MINUMUM... contracts can increase the number of vacation days if the employer wishes, but can't decrease them) |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Sun Jul 06, 2008 11:41 pm Post subject: |
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| Ask for the same! If you want to quit you must give 60 days. If they want to fire you them must give 60 days. Then it is fair. |
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Dome Vans
Guest
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| Posted: Mon Jul 07, 2008 6:40 am Post subject: |
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| Young FRANKenstein wrote: |
| Yu_Bum_suk wrote: |
| By law you only need to give 30, and Korean labour law trumps your contract. |
This is true if the contract gives you LESS than what labour law mandates.
This is false if the contract stipulates MORE than the labour law.
Less than 30 days notice in the contract? Labour law trump the contract.
More than 30 days notice in the contract? Contract trumps abour law.
(same goes for vacation days... Labour law stipulates the MINUMUM... contracts can increase the number of vacation days if the employer wishes, but can't decrease them) |
Yep.
It stipulates a minimum of 30 days. More, no problem. Less than, Labour can step in. But you sign it for longer than that, you stick to it. Things that are not covered in the Labour laws, and you sign for, you stick to. That's why when it comes to disputes you gotta know what's covered and what's not. If you quit and you've signed to say that you'll pay back recruiters fees, then you pay them back. A-hole clause that. |
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Zaria32
Joined: 04 Dec 2007
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| Posted: Mon Jul 07, 2008 12:03 pm Post subject: |
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| Young FRANK is correct. Just make sure they have to give YOU 60 days, or 2 months pay, if they want you out... |
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