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CoolBoss
Joined: 17 Dec 2008
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 Posted: Fri Jan 29, 2010 1:57 am Post subject: 30 Days / 90 Days Notice When Resigning |
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Long story made short:
Before I left for vacation in December, I got a job at a private high school in Busan, and they had told me my hours would be 8-4. When I came back, they told me that they changed the way their English program works and my hours would now be 1-9. They've brainlessly scheduled classes so that they run Monday through Thursday, which would be nice if they didn't demand that I still sit in the office for 8 hours on Friday. I have tried to be flexible about this, but regarding any concessions I have asked they make in return, they have been inflexible, so I've decided that it's best to back out now.
According to the contract, I have to give 90 days notice of resignation, but some people have told me that Korean labor law states that I only have to give 30. My contract doesn't officially start until March 1, so if I put in a letter of resignation, I'd assume it wouldn't go into effect until then, right? Can anyone clarify for me?
Also, if anyone else has been through something similar in their time in Korea, do you have any advice? |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Fri Jan 29, 2010 3:31 am Post subject: |
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| usually it's 60 |
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DosEquisXX
Joined: 04 Nov 2009
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| Posted: Fri Jan 29, 2010 3:36 am Post subject: |
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| I only had to give 30 days. |
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Goon-Yang
Joined: 28 May 2009
Location: Duh
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| Posted: Fri Jan 29, 2010 3:44 am Post subject: |
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| lifeinkorea wrote: |
| usually it's 60 |
Unless the law states 30. It's 30. |
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Scouse Mouse
Joined: 07 Jan 2007
Location: Cloud #9
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| Posted: Fri Jan 29, 2010 5:36 am Post subject: |
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Labor law doesn't take effect until the end of your first shift. If you don't turn up, there is nothing they can do... well... there is the issue of them not releasing you from your visa, but they probably wouldn't do that anyway.
If you haven't transferred your visa yet (and I assume you haven't if you are working in Korea now), you can find another job without any problems. That said, you should tell them ASAP that you won't be starting. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Fri Jan 29, 2010 5:43 am Post subject: Re: 30 Days / 90 Days Notice When Resigning |
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| CoolBoss wrote: |
| According to the contract, I have to give 90 days notice of resignation, but some people have told me that Korean labor law states that I only have to give 30. |
Employees do not have to give notice at all. There is NO provision in the labor laws that require employees giving notice. Yes, EMPLOYERS must give a minimum of 30 days notice to their employees (unless the contract states more), but not the other way around.
For employees, it is purely contractual. Your contract says 90 days, so you have to give 90 days. |
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CoolBoss
Joined: 17 Dec 2008
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| Posted: Fri Jan 29, 2010 6:56 am Post subject: |
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| Quote: |
Labor law doesn't take effect until the end of your first shift. If you don't turn up, there is nothing they can do... well... there is the issue of them not releasing you from your visa, but they probably wouldn't do that anyway.
If you haven't transferred your visa yet (and I assume you haven't if you are working in Korea now), you can find another job without any problems. That said, you should tell them ASAP that you won't be starting. |
My visa hasn't been transferred yet (it won't be until March 1), but they have my name on a contract. Doesn't that make me legally obligated and thus unable to sign a different contract, or is this an instance where I can back out with little to no immigration fanfare? |
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oskinny1
Joined: 10 Nov 2006
Location: Right behind you!
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| Posted: Fri Jan 29, 2010 7:28 am Post subject: |
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| Tell them that they changed the terms of the contract on you so you aren't interested. Then find a new job. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Fri Jan 29, 2010 7:35 am Post subject: |
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| oskinny1 wrote: |
| Tell them that they changed the terms of the contract on you so you aren't interested. Then find a new job. |
If you haven't started the job, this. Although, I wouldn't want the headache of "transferring" a visa that has been issued but not used.
I you have, you have to give notice as outlined in your contract. |
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