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Douglas_William
Joined: 29 Apr 2009
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 Posted: Fri May 01, 2009 8:23 am Post subject: Breaking a contract (looking for help!) |
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I currently work at a hagwon. A friend of mine, who is in high standing at the hagwon where she works, notified me of a job opening up there in the summer. The terms of this other job are much better than of my current job, and for those and other reasons I am considering quitting and moving to Seoul. Unfortunately, the Canadian embassy will only accept VISA-related enquiries via fax, and that isn't going to work for me.
Has anyone broken a contract before? What sort of heartaches am I in for if I want to break my contract and start right away at a different school, for what I'm assuming will be a year-long contract? |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri May 01, 2009 8:33 am Post subject: Re: Breaking a contract (looking for help!) |
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| Douglas_William wrote: |
I currently work at a hagwon. A friend of mine, who is in high standing at the hagwon where she works, notified me of a job opening up there in the summer. The terms of this other job are much better than of my current job, and for those and other reasons I am considering quitting and moving to Seoul. Unfortunately, the Canadian embassy will only accept VISA-related enquiries via fax, and that isn't going to work for me.
Has anyone broken a contract before? What sort of heartaches am I in for if I want to break my contract and start right away at a different school, for what I'm assuming will be a year-long contract? |
If you want to make a clean transition, you should resign according to the terms of your contract. If you give the required notice, you are not breaking the contract. You are operating under its terms.
OTOH, if you try to leave without following your contract, you will anger your boss, hurt the students and the school, and possibly start a war with your boss - a war that is avoidable. Try to make your resignation a win/win situation where your boss doesn't lose face. When Koreans get angry, they can become quite spiteful and seek revenge rather than be reasonable. |
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Kikomom
Joined: 24 Jun 2008
Location: them thar hills--Penna, USA--Zippy is my kid, the teacher in ROK. You can call me Kiko
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| Posted: Fri May 01, 2009 8:44 am Post subject: |
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If you leave under six months, they may want reimbursed for your airfare over. Try to save enough to help yourself out in that respect. You'll also lose the severance pay time and have to start over.
Like ontheway said, giving them notice and following your termination requirements will make them more inclined to give you a LOR and the new school will probably send you to Japan on a visa run. That's how Wario did it when he broke his first contract and started at a new hagwon last December.
Good luck! |
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justaguy
Joined: 01 Jan 2008
Location: seoul
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| Posted: Fri May 01, 2009 8:54 am Post subject: Re: Breaking a contract (looking for help!) |
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| ontheway wrote: |
| Douglas_William wrote: |
I currently work at a hagwon. A friend of mine, who is in high standing at the hagwon where she works, notified me of a job opening up there in the summer. The terms of this other job are much better than of my current job, and for those and other reasons I am considering quitting and moving to Seoul. Unfortunately, the Canadian embassy will only accept VISA-related enquiries via fax, and that isn't going to work for me.
Has anyone broken a contract before? What sort of heartaches am I in for if I want to break my contract and start right away at a different school, for what I'm assuming will be a year-long contract? |
If you want to make a clean transition, you should resign according to the terms of your contract. If you give the required notice, you are not breaking the contract. You are operating under its terms.
OTOH, if you try to leave without following your contract, you will anger your boss, hurt the students and the school, and possibly start a war with your boss - a war that is avoidable. Try to make your resignation a win/win situation where your boss doesn't lose face. When Koreans get angry, they can become quite spiteful and seek revenge rather than be reasonable. |
Most Koreans consider the word "reasonable" to mean you agree to concede to all of their demands. Your idea about reasonable, and their idea about reasonable are often quite different. |
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Rory_Calhoun27
Joined: 14 Feb 2009
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| Posted: Fri May 01, 2009 5:15 pm Post subject: |
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If this plays out the same like so many similar plans seen on here, the chances of a smooth transition are questionable at best:
1) "a friend" is a friend, but has the school offered? Have they offered a contract, or just a friend trying to get you to jump ship.
2) No problems at the current school are mentioned, and this is usually the prime motivator of breaking a contract. Is it worth breaking?
3) No mention of what exactly is in the "better" contract. what's so great about it, anyway?
If a hagwon is screwing you over, or even a PS (some coteachers are a REAL PintA) it's worth it. Beyond that, it's a gamble at best. if you have a reasonable length of time there, after the six months, it's probably better financially to tough out the remainder, and collect that severance, then move on to something else if you plan on this as long term.
If it's under six months, you still owe that flight money, and restart the clock for the severance. not to mention the other headaches involved with contract breaking.
it comes down to game theory and risk/rewards. is the ultimate payoff really worth it? the grass isn't always greener just because someone says it is.
And if you're expecting ANY embassy to come to your aid about breaking a contract, keep dreaming. Most embassies don't get involved unless there is some human rights matter involved. MAYBE then they'll step in.... maybe... |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Fri May 01, 2009 6:06 pm Post subject: Re: Breaking a contract (looking for help!) |
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| Douglas_William wrote: |
| Unfortunately, the Canadian embassy will only accept VISA-related enquiries via fax, and that isn't going to work for me. |
What enquiry woud you have of the embassy?... it's not like you want to work in Canada!  |
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Douglas_William
Joined: 29 Apr 2009
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| Posted: Fri May 01, 2009 10:03 pm Post subject: |
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| Rory_Calhoun27 wrote: |
If it's under six months, you still owe that flight money, and restart the clock for the severance. not to mention the other headaches involved with contract breaking.
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What are those headaches? Thanks to everyone who replied, but I'm really just wondering what kind of headaches I'm in for if I try to move to another school. What do I need to do? etc. |
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Sector7G
Joined: 24 May 2008
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| Posted: Sat May 02, 2009 5:49 pm Post subject: Re: Breaking a contract (looking for help!) |
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| ontheway wrote: |
| Douglas_William wrote: |
I currently work at a hagwon. A friend of mine, who is in high standing at the hagwon where she works, notified me of a job opening up there in the summer. The terms of this other job are much better than of my current job, and for those and other reasons I am considering quitting and moving to Seoul. Unfortunately, the Canadian embassy will only accept VISA-related enquiries via fax, and that isn't going to work for me.
Has anyone broken a contract before? What sort of heartaches am I in for if I want to break my contract and start right away at a different school, for what I'm assuming will be a year-long contract? |
If you want to make a clean transition, you should resign according to the terms of your contract. If you give the required notice, you are not breaking the contract. You are operating under its terms.
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Yes!! Regardless of someone's reason for leaving, giving required notice according to the terms of the contract should put one on solid footing, at least theoretically.( But I've been here long enough to know it does not always work out that way)
But what if the contract does not have anything in it regarding leaving early or giving notice, which is the case with my contract? Is 30 days notice the minimum standard? I looked on the contract sticky and could not find the answer to this. I saw some contracts that asked for 30 days and some that asked for 60. Does any one know?
Also, I agree with Rory_Calhoun27 when he says this:
it comes down to game theory and risk/rewards. is the ultimate payoff really worth it? the grass isn't always greener just because someone says it is.
Risk/reward can also be stated as cost/benefits, and it will differ from individual to individual. For example, some may prefer lower pay in exchange for more vacation time. Or in my case, after working with older students and adults for over a year, I took a higher paying job teaching in a hogwan to K through 6 level. Big mistake on my part. I have found that I am just not cut out to work with younger kids, though I try my best. The much increased stress level is not worth the extra money. |
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Douglas_William
Joined: 29 Apr 2009
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| Posted: Sat May 02, 2009 8:13 pm Post subject: |
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| I'd be teaching writing to higher-level kids for a substantial increase in pay. I hold a diploma in composition. It would essentially be the ideal job for me. That being said.. has anyone here broken a contract before? What do I need to do? I know I need to get a letter of release from my current employer, but what then? If someone could even direct me to a commonly-asked-questions page where all this kind of information would be revealed to me, that would be immensely helpful. Thanks!. |
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Sector7G
Joined: 24 May 2008
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| Posted: Sat May 02, 2009 10:32 pm Post subject: |
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| Douglas_William wrote: |
| I'd be teaching writing to higher-level kids for a substantial increase in pay. I hold a diploma in composition. It would essentially be the ideal job for me. That being said.. has anyone here broken a contract before? What do I need to do? I know I need to get a letter of release from my current employer, but what then? If someone could even direct me to a commonly-asked-questions page where all this kind of information would be revealed to me, that would be immensely helpful. Thanks!. |
If you are sure this is your ideal job than I think your question has already been answered by both ontheway and Kikomom.
We are assuming of course you know not to sever the ties with the current school until a)you actually have the next job locked in, and b) you have all the required documents and paperwork in hand to process your new visa.
If you make a clean break and are given a LOR, you may be able to simply transfer your visa without having to leave the country.(I did this in February after only being at the previous job 4 months).
If you make a hard break by quitting you will have anywhere from 10 to 30 days(mileage may vary) to leave the country and do a visa run -Japan is the most convenient place to get this done. |
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sinsanri
Joined: 20 Apr 2009
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| Posted: Sat May 02, 2009 11:47 pm Post subject: |
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I agree with r.c.27 and a couple others as from what you have said, you really have no real grounds to break your contract.
My perspective is, you have given your word to by signing on the dotted line and now you want to break that word because it is more 'lucrative'. That is not a good reason to ruin your character.
Keep your word, finish your contract. |
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Sector7G
Joined: 24 May 2008
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| Posted: Sun May 03, 2009 1:57 am Post subject: |
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| sinsanri wrote: |
I agree with r.c.27 and a couple others as from what you have said, you really have no real grounds to break your contract.
My perspective is, you have given your word to by signing on the dotted line and now you want to break that word because it is more 'lucrative'. That is not a good reason to ruin your character.
Keep your word, finish your contract. |
sinsanri, I read and re-read what Rory_Calhoun27 wrote several times and it seems to me he is mainly just cautioning the OP to think matters over carefully before leaving for another job. As Rory_Calhoun27 says, and I agree with, the OP needs to consider if what he is going to give up in lost severance and/or airfare will be worth what he is going to gain. But he has to answer that for himself.
But other than that, I don't see how you can frame this as a character question. No one so far is telling him to pull a runner. If he does decide to leave, I don't think it matters what the reason is, as long he does it by giving proper notice as required in the contract. The same contract he signed on the dotted line, as you say. |
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Douglas_William
Joined: 29 Apr 2009
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| Posted: Sun May 03, 2009 3:13 am Post subject: |
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| OK, so... nobody knows what I have to do? I literally know nothing about what I might have to do to go to a different school, especially with regards to the VISA. Do I have to get all the pain-in-the-neck documents I did to come in the first place, like the criminal background check, or since I'm here already does that give me leeway to perform some kind of transfer instead of reapplying for a new VISA in the entirety of the process involved? Again, thanks for everyone's advice on the subject, and not to seem rude, here, but I wasn't looking for any advice. I know that the way I choose to leave my job will have certain implications. When I asked about the process I didn't ask for anyone to fatherly advise me to "keep my word" etc. All I want is for someone who has done this before, to tell me what is involved in the process. Please. |
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sinsanri
Joined: 20 Apr 2009
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| Posted: Sun May 03, 2009 3:29 am Post subject: |
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| Sector7G wrote: |
| sinsanri wrote: |
I agree with r.c.27 and a couple others as from what you have said, you really have no real grounds to break your contract.
My perspective is, you have given your word to by signing on the dotted line and now you want to break that word because it is more 'lucrative'. That is not a good reason to ruin your character.
Keep your word, finish your contract. |
sinsanri, I read and re-read what Rory_Calhoun27 wrote several times and it seems to me he is mainly just cautioning the OP to think matters over carefully before leaving for another job. As Rory_Calhoun27 says, and I agree with, the OP needs to consider if what he is going to give up in lost severance and/or airfare will be worth what he is going to gain. But he has to answer that for himself.
But other than that, I don't see how you can frame this as a character question. No one so far is telling him to pull a runner. If he does decide to leave, I don't think it matters what the reason is, as long he does it by giving proper notice as required in the contract. The same contract he signed on the dotted line, as you say. |
I re-read my post and it seems that I should have constructed the sentence differently. I do agree with a lot of what you and RC said but i also added in my perspective too soon.
Even with the clause, i am not in favor of breaking the contract and I know it is there to use. Breaking a contract for such a selfish reason does show character issues as one is willing to jump ship at the sign of more money or whatever.
You put your name on a contract, that has to mean something and not 'till i find something better'.
| Quote: |
| nobody knows what I have to do |
you have actually been told several times by different people. Check your contract, you have togive proper notice, check with immigration to seeif you can transfer your visa or if youhave to re-submit all your paperworkand go on a visa run. Make sure the potential employer wants to hire you so you don't quit and find yourself without a job.
My point is simply i disagree with this manuever and think it is not the best thing to do even though it may be a better opportunity and fit for you because a person's word needs to mean something. Plus what you do, affects the next foreigner who replaces you. |
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Sector7G
Joined: 24 May 2008
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| Posted: Sun May 03, 2009 4:29 am Post subject: |
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I re-read my post and it seems that I should have constructed the sentence differently. I do agree with a lot of what you and RC said but i also added in my perspective too soon.
Even with the clause, i am not in favor of breaking the contract and I know it is there to use. Breaking a contract for such a selfish reason does show character issues as one is willing to jump ship at the sign of more money or whatever.
You put your name on a contract, that has to mean something and not 'till i find something better'.
| Quote: |
| nobody knows what I have to do |
you have actually been told several times by different people. Check your contract, you have togive proper notice, check with immigration to seeif you can transfer your visa or if youhave to re-submit all your paperworkand go on a visa run. Make sure the potential employer wants to hire you so you don't quit and find yourself without a job.
My point is simply i disagree with this manuever and think it is not the best thing to do even though it may be a better opportunity and fit for you because a person's word needs to mean something. Plus what you do, affects the next foreigner who replaces you.[/quote]
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Ok sinsanri, but I still respectfully disagree. You say that trying to better one's situation is a selfish motive. Well, technically, I guess it is. But the employers will surely use every clause in the contract to their benefit when they can, because business is business.
At least you are basing your opinion on trying to do the right thing, so I won't begrudge you for that. I just think it's misguided.
At any rate, I am not sure how else to help the OP. I thought it was spelled out to him pretty clearly by several people what he needs to do. |
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