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marlow
Joined: 06 Feb 2005
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 Posted: Sun Jun 14, 2009 6:38 pm Post subject: Quit before Six Months or at Six Months? |
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I know someone who wants to quit EPIK before the contract expiration. He doesn't care if he gets his ticket or his housing deposit back.
He definitely wants to be here until the six month mark, though. He has other plans for that time and wants to be out of here.
He's unsure whether to give one month's notice at the five month mark, to quit without notice at the six month mark, or to delay his plans for a month and give one month's notice at the six month mark.
How will he get screwed in the various situations? He doesn't trust the school at all. |
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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: Sun Jun 14, 2009 6:56 pm Post subject: |
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One month's notice at the five month mark sounds fair and equitable to me. Quitting earlier may allow them to deduct his airfare from his last month's pay. Ending it at six months he shouldn't owe that back to them.
What does the contract say about termination? |
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marlow
Joined: 06 Feb 2005
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| Posted: Sun Jun 14, 2009 8:58 pm Post subject: |
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| Kikomom wrote: |
One month's notice at the five month mark sounds fair and equitable to me. Quitting earlier may allow them to deduct his airfare from his last month's pay. Ending it at six months he shouldn't owe that back to them.
What does the contract say about termination? |
He's just worried about having a hard time the last month--August vacation--and he's worried about how many ways they can try to screw him. He doesn't want his final pay gouged in any way, or any possible way of owing them money, for risk of being held up at immigration for not "paying" everything. EPIK clearly states one month notice, but he wants all his August pay. He already gave up on a ticket and his deposit. |
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Draz
Joined: 27 Jun 2007
Location: Land of Morning Clam
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| Posted: Sun Jun 14, 2009 9:25 pm Post subject: |
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| He's worried they won't be satisfied with screwing him on the deposit? That job must be really horrible. |
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marlow
Joined: 06 Feb 2005
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| Posted: Sun Jun 14, 2009 9:26 pm Post subject: |
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I should mention he finished a year and didn't use a ticket between contracts. So he will be finishing 18 months, actually.
I think he even has a right to pro-rated severance and a one-way ticket, but he doesn't want to bother asking. |
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marlow
Joined: 06 Feb 2005
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| Posted: Sun Jun 14, 2009 9:27 pm Post subject: |
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| Draz wrote: |
| He's worried they won't be satisfied with screwing him on the deposit? That job must be really horrible. |
They do everything to be cheap. I'm serious. |
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Tobias
Joined: 02 Jun 2008
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| Posted: Sun Jun 14, 2009 11:44 pm Post subject: |
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| He should give notice at the seventeenth-month mark plus one day. His employer is probably tired of him and will welcome his leaving. |
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marlow
Joined: 06 Feb 2005
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| Posted: Mon Jun 15, 2009 1:28 am Post subject: |
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| Tobias wrote: |
| He should give notice at the seventeenth-month mark plus one day. His employer is probably tired of him and will welcome his leaving. |
I'm positive it's mutual between two crews here. I'm trying to decide what kind of funny business they might pull. |
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Tobias
Joined: 02 Jun 2008
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| Posted: Mon Jun 15, 2009 11:40 pm Post subject: |
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| Be ready for whatever funniness they decide to pull. Write it up as a flowchart, as the possibilities can get complicated. |
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marlow
Joined: 06 Feb 2005
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| Posted: Tue Jun 16, 2009 12:12 am Post subject: |
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| Tobias wrote: |
| Be ready for whatever funniness they decide to pull. Write it up as a flowchart, as the possibilities can get complicated. |
Well, can they fire him without notice after he gives a 30 day notice? That's the biggie. |
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marlow
Joined: 06 Feb 2005
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| Posted: Tue Jun 16, 2009 12:28 am Post subject: |
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Does the red part apply to people on one-year contracts?
And would the EPIK contract clause about non-continuous contracts turn his 17 months into 5 months?
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Article 35 (Exception of Advance Notice of Dismissal)
The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:
1. a worker who has been employed on a daily basis for less than three consecutive months;
2. a worker who has been employed for a fixed period not exceeding two months;
3. a worker who has been employed as a monthly-paid worker for less than six months ;
4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and
5. a worker in a probationary period
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| Quote: |
Article 32 (Advance Notice of Dismissal)
(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose. <Amended by Act No. 5885, Feb. 8, 1999> |
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marlow
Joined: 06 Feb 2005
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| Posted: Wed Jun 17, 2009 12:33 am Post subject: |
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| marlow wrote: |
Does the red part apply to people on one-year contracts?
And would the EPIK contract clause about non-continuous contracts turn his 17 months into 5 months?
| Quote: |
Article 35 (Exception of Advance Notice of Dismissal)
The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:
1. a worker who has been employed on a daily basis for less than three consecutive months;
2. a worker who has been employed for a fixed period not exceeding two months;
3. a worker who has been employed as a monthly-paid worker for less than six months ;
4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and
5. a worker in a probationary period
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| Quote: |
Article 32 (Advance Notice of Dismissal)
(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose. <Amended by Act No. 5885, Feb. 8, 1999> |
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Darkray16
Joined: 09 Nov 2008
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| Posted: Wed Jun 17, 2009 12:42 am Post subject: |
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| I'm in a similar situation with EPIK. But I couldn't find that article in my contract. Where did you find that article about dismissal? |
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marlow
Joined: 06 Feb 2005
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| Posted: Wed Jun 17, 2009 1:09 am Post subject: |
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| Darkray16 wrote: |
| I'm in a similar situation with EPIK. But I couldn't find that article in my contract. Where did you find that article about dismissal? |
Oh, sorry. Those articles are from labor law. There is no dismissal notice mentioned in the EPIK contract we have, but labor law applies nevertheless. What we are trying to decide is if he quits at month seventeen, are they going to consider that as month five because it's month five of a second term of employment? Also, if it is month five by law, if he gives notice can they fire him immediately and without compensation because it's before the six month mark? I think an employee giving contractual notice is a weak argument for dismissal, but I'm not sure if it's an illegal one. |
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