Korean Job Discussion Forums

[icicle]

I have a hagwon contract .. My contract makes no mention of teacher giving notice ... I think I have heard and or read here that Korean Labor law has a default position of 30 days notice needing to be given by a worker who wants to end the contract early ... Can anyone confirm whether this is the case OR what has been the situtation in their case (where their contract did not include a specific time frame?

If I give notice I would be leaving 2 months early ... I will be giving a true personal factors reason for leaving (and am not looking for any other job in Korea... so getting release is not an issue) ... though I could give lots of "work" reasons for leaving and the negative work reasons are a significant part of why I am prepared to give up severance and airfare ...

The "negative" work factors are significant enough that I want to at least be sure on my legal grounds for being able to give a months notice and get paid up until my final work day (without the specific mention in the contract .... it just has no mention of teacher giving notice at all) .... So if anyone can give me a written reference to the Koren labor law on notice periods I would appreciate it ...

[ChinaBoy]

I'm pretty sure I've read at least 100 posts on here that say if you give notice at a hagwon, you WON'T get your last paycheck (or only part of it).

If you don't want to work here again, just run.

[ED209]

You can look at the lablr standards act here

http://english.molab.go.kr/english/main.jsp (Labor Law/ Labor Standards Act)

But you're not a slave. You can leave today if you want. Giving notice will usually just give your boss time to screw you over. Legally no one cares, certainly not immigration who will only want your arc card back.

Your boss isn't going to follow you to your home country and take you to court. If this is what you are worried about. Expect some irate emails, but that's it. Any contractual breach would stay under Korean jurisdiction and wouldn't be serious enough to stop you leaving the country.

Wait till pay day and run. If you feel guilty, leave a note and some vita500.

[ttompatz]

There is NO LEGAL REQUIREMENT to give notice to quit.

You are free to quit at any time.

In most hakwons if you give notice you CAN EXPECT to work your last month for free (they will screw you out of your last month's salary - in more than 7 years I have NOT heard of any exception to this).

IF you want to work again:
quit.
go to immigration and tell them that you quit.
GET AN EXIT ORDER (effectively canceling your visa).
find a new job.
Start the visa process all over again
Leave Korea (by the end of your exit order). Get your new visa.
Return.
Begin work.

.

[hari seldon]

[icicle]

I think part of my reason for trying for the months notice line is also that if they did not take it negatively ... And did pay me for that last month I would be one month pay better off ... I have a pay day of the 10th of the following month ... So that if I did leave straight after pay day I am still effectively 10 days pay out of pocket ... But that is still one of my options ... I just want to have enough time to have started the pension refund process while I am still in the country ... and my work hours make that impossible while I am still working ...

Part of the working til the end of the month (ie February) is that it is the end of the year for our Kindergarten classes ... and I would I think like to finish the year with them ... I guess even if I didn't end up getting paid for it ... (Still thinking about that one.)

[ontheway]

[enns]

Yeah, I agree with ontheway. I'm surprised ttompatz doesn't know anyone who has left with everything owed to them. I know a few people who left early and got everything that they were owed(also several people who got nothing). I have over 20 foreigners at my school, I'm sure if the school outright did not pay a teacher that there would be a riot.