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Quiting - Legal Question

 
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Beeyee



Joined: 29 May 2007

PostPosted: Sun Feb 15, 2009 3:44 pm    Post subject: Quiting - Legal Question Reply with quote

I've been at my school for about a year and a half and have decided that I want out. I have another job lined up. The problem is that they want me to start in a months time. My contract states that I must give 90 days notice. This seems very excessive, and frankly, possibly illegal.

So where am I legally with this? Is there some labor law which states that employees need only give 30 days?
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Sun Feb 15, 2009 4:15 pm    Post subject: Reply with quote

Is this new school really "the" school you want to run to? If it's just a school to escape to, I suggest holding out a couple more months and negotiate with your current school. You could transfer schools, and your current school might like this since they won't have to pay airfare back home.

You also have severance which you would be losing, so use these things to your advantage before trying to put up a fight. There will be a lot less stress and fewer headaches down the road.
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Beeyee



Joined: 29 May 2007

PostPosted: Sun Feb 15, 2009 9:54 pm    Post subject: Reply with quote

Not running from anything. The new school has offered me better terms, that is all there is to it.

Could someone please answer the original question, which was, is it legally possible for my school to keep me 90 days after I quit?
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Sun Feb 15, 2009 10:23 pm    Post subject: Reply with quote

I believe the law is 30 days, but if you sign a contract that says 90 days, you're bound by that. Suck it up and stick it out like a man (or woman) instead of a wimp.
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Beeyee



Joined: 29 May 2007

PostPosted: Mon Feb 16, 2009 2:39 am    Post subject: Reply with quote

kprrok wrote:
I believe the law is 30 days, but if you sign a contract that says 90 days, you're bound by that. Suck it up and stick it out like a man (or woman) instead of a wimp.


That doesn't make sense. It's surely one or the other. If it is 30 days by law then the contract is not lawful.

Again, I am not unhappy at my job but would like to move to another hagwon because of better pay and working hours.
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wesharris



Joined: 10 Oct 2008

PostPosted: Mon Feb 16, 2009 3:15 am    Post subject: Reply with quote

It makes perfect sense.
Simply put 30 days is the minimum required by law for either side.
90 Days is the contractual agreement that you signed. It's perfectly legal, not either or it's both. Use your noggin for more than just a toboggin.

_+_
Wes
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Mon Feb 16, 2009 3:22 am    Post subject: Reply with quote

There is no provision in K-law specifying a 'time frame' for an employee's resignation to take effect. Therefore, you are bound by your contract.

There is provision for an employer to give an employee 30 days advance notice of dismissal.

Doesn't anybody on 'Dave's' read (and understand) their contract before they sign it? Rolling Eyes
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esglumac



Joined: 02 Mar 2007
Location: In the middle of contractual litigation!!!

PostPosted: Mon Feb 16, 2009 6:45 am    Post subject: Reply with quote

I know

Iam surprised they find any-one to sign Surprised
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Beeyee



Joined: 29 May 2007

PostPosted: Mon Feb 16, 2009 7:02 am    Post subject: Reply with quote

cruisemonkey wrote:
There is no provision in K-law specifying a 'time frame' for an employee's resignation to take effect. Therefore, you are bound by your contract.

There is provision for an employer to give an employee 30 days advance notice of dismissal.

Doesn't anybody on 'Dave's' read (and understand) their contract before they sign it? Rolling Eyes


Doesn't anyone on Dave's reply to a post without a 'witty' comment at the end?

Aside from the last sentence, this is the information I was looking for, so thank you for that at least.
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