Korean Job Discussion Forums

pogoro · Joined: 27 Apr 2008

So I hand in my resignation for two months hence. So the boss says, no, you have to resign in 3 days. So I says, no, I don't want to resign then. Then the boss says, yes, you will.
Then he says, here's your ticket: you are leaving in 4 days. You have to get out of the apt. then. Then he says he is going to immigration to cancel my visa. Then I have to leave.
So I hire a lawyer.
So tell me, fellow whiners on this site: is it worth the hassle? Or should I then say, so be it.
Seriously: Can he do that? Can he go to Immigration, willy-nilly, and cancel my visa?

Shapur · Joined: 27 Jan 2003

Yes

And in fairness he's not canceling your visa 'willy nilly'.
You resigned remember?
Perhaps replacing "canceling my visa willy nilly" with "canceling my visa much quicker than I anticipated" might be a better choice of words.
You also mentioned that he gave you your airline ticket.
It sounds like he's treated you pretty fairly and payed you straight.
I'd say leave.
He's out of order in booting you out so quickly, but on the scale of crappy wonjangnim behavior this is about as minor as it gets.

Juregen · Joined: 30 May 2006

I cannot but agree ...with the second poster.

you are the one breaking the contract. What is he going to do with you the next two months when you are not motivated to do your job? A negative element within the organization.

The 1 or 2 months is the protection of the employee, not the employer, when the employee is canceling the contract and vica versa. If he then decides to end the agreement sooner, I guess it is his prerogative as well.

Maybe he is out of order, but the hagwons rely on stability of their teacher, if every teacher cannot respect their end of the deal, the owner will have to implement other means to stabilize HR. And most implementations will make it harder for anyone.

CentralCali · Joined: 17 May 2007

Look. He's not "breaking the contract." He's availing himself of both the law and the terms of the contract for terminating his employment earlier than the expiration date of the contracted term. The boss firing him is a punitive measure for the OP complying with both the law and the terms of the contract.

The poster above is guessing, as they said, and guessing wrong. The term of notice is for the benefit of both parties. The employee did "respect their end of the deal." They provided the required term of notice. The boss, on the other hand, has committed an unlawful dismissal. Furthermore, I saw nothing regarding payment in lieu of notice to employee of termination.

Draz · Joined: 27 Jun 2007 Location: Land of Morning Clam

tob55 · Joined: 29 Apr 2007

Actually, the hagwon owner is required by Korean labor law to provide you with notice as specified in your employment contract, UNLESS you have broken the law or committed some violation that allows him or her to terminate your employment on the spot.

Sounds like you haven't had a positive experience at the hagwon anyway. Yes, he can go to immigration and cancel your visa anytime he wants, but it is the matter of the termination. You turned in a two month notice, which is required. The employer then says "no, you have to leave now." Are you getting the picture here. Employers can't at will decide to terminate you simply because you turned in your notice.

HOWEVER, in light of your conversation with the hagwon owner, you might just as well leave, since fighting it is going to cost you time and money, and once the visa is canceled you only have a short time to leave the country. I believe, you have yourself in corner that is going to be hard to get out of, but the decision is yours. I hope it works out, whatever the case.

ChinaBoy · Joined: 17 Feb 2007

He's giving you a free ticket. You're getting more at the end than most people do.

CentralCali · Joined: 17 May 2007

This is actually yet another wonderful example of how ridiculous HR is in the so-called hagweon industry. The OP did the honorable thing and notified his boss that he would no longer be working there sixty days hence. The boss, instead of doing the intelligent thing and searching for someone new while at the same time having a teacher on site, simply reacted with what's essentially a temper tantrum: "You can't quit, you're fired as of now!" Firing the current teacher will not get the boss a new teacher any sooner.

Khyron · Joined: 27 Jan 2005 Location: Japan

Moral of the story is:

midnight runners are your friend if you aren't going to finish a contract. Employers pulling this sh!t and the labour law's "protection" don't give a better option.

Michelle · Joined: 18 May 2003

Hi There,

One of my hagwon owners went and cancelled my visa upon verbal agreement. That is, I was informed by them after the fact and I had no say in it. It was completely legal but not marked in the passport.

So, in the future if they tell you they have and you are not sure, I suggest calling immigration. They will tell you to leave Korea immediately.

Mine kept my months pay...hope yours is not so bad.