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therandom9
Joined: 10 May 2010
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 Posted: Tue May 25, 2010 8:23 am Post subject: Is there a limit to how much notice a school can ask for? |
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I need to quit my current job. Not going to go into all the reasons, suffice it to say that I have things worked out alright.
My question is this: my contract requires me to give 6 weeks notice. Is that legitimate, or is there some limit on how much notice a school can require (i.e. 30 days or somesuch)? |
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Welsh Canadian
Joined: 03 Mar 2010
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| Posted: Tue May 25, 2010 8:56 am Post subject: |
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You should really follow your contract. You signed it and knew this.
But on the other hand I think it could be a month (legally).
I would wait for ttompatz to give you an answer though. He should know. |
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plynx
Joined: 03 Jun 2008
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| Posted: Tue May 25, 2010 3:56 pm Post subject: |
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| Welsh Canadian wrote: |
| I would wait for ttompatz to give you an answer though. He should know. |
according to immigration, you're not legally required to give any notice (i had this conversation with two separate immigration officers last month) - your employer, on the other hand, is required to give you 30 days notice or the equivalent of one month's salary if the contract is terminated. if, however, you violate the terms of your contract, you can be sued in civil court; the chances of this happening are quite slim, though.
how your quitting affects your subsequent employment varies depending on your former company and the immigration officials who receive your file. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue May 25, 2010 4:04 pm Post subject: Re: Is there a limit to how much notice a school can ask for |
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| therandom9 wrote: |
I need to quit my current job. Not going to go into all the reasons, suffice it to say that I have things worked out alright.
My question is this: my contract requires me to give 6 weeks notice. Is that legitimate, or is there some limit on how much notice a school can require (i.e. 30 days or somesuch)? |
LEGALLY you are not required to give notice to quit.
Contractually you have to give what you said you would give (in the contract).
It is strictly a contractual matter.
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Welsh Canadian
Joined: 03 Mar 2010
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| Posted: Tue May 25, 2010 5:26 pm Post subject: |
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| plynx wrote: |
| Welsh Canadian wrote: |
| I would wait for ttompatz to give you an answer though. He should know. |
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What was that for?
I was being sincere about ttompatz. He usualy has the answer and he was right again.
back at you |
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therandom9
Joined: 10 May 2010
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| Posted: Tue May 25, 2010 8:57 pm Post subject: |
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Thanks ttompatz, just what I needed to know.
2nd part of the question:
I don't want to leave this job unamicably. If I have to, I would end up leaving about a month's pay behind for unpaid hours worked. Would I be likely to get that back in small claims court?
Obviously my school would have a counterclaim, since I'd be leaving sooner than 6 weeks after notice, but the contract has no penalties for that (only that I have to reimburse airfare, which I am willing to do). |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue May 25, 2010 9:16 pm Post subject: |
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| therandom9 wrote: |
Thanks ttompatz, just what I needed to know.
2nd part of the question:
I don't want to leave this job unamicably. If I have to, I would end up leaving about a month's pay behind for unpaid hours worked. Would I be likely to get that back in small claims court?
Obviously my school would have a counterclaim, since I'd be leaving sooner than 6 weeks after notice, but the contract has no penalties for that (only that I have to reimburse airfare, which I am willing to do). |
No in small claims court and maybe "subject to counter claims" at a labor board tribunal.
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plynx
Joined: 03 Jun 2008
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| Posted: Tue May 25, 2010 11:41 pm Post subject: |
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| Welsh Canadian wrote: |
| plynx wrote: |
| Welsh Canadian wrote: |
| I would wait for ttompatz to give you an answer though. He should know. |
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I was being sincere about ttompatz. He usualy has the answer and he was right again.
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as was the answer i provided above his own (which states the exact same thing). there are many people who are aware of situations and the laws on this board. advising someone to wait for one poster with the answer is - in my opinion - quite stupid. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed May 26, 2010 1:07 am Post subject: |
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| plynx wrote: |
| Welsh Canadian wrote: |
| plynx wrote: |
| Welsh Canadian wrote: |
| I would wait for ttompatz to give you an answer though. He should know. |
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I was being sincere about ttompatz. He usualy has the answer and he was right again.
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as was the answer i provided above his own (which states the exact same thing). there are many people who are aware of situations and the laws on this board. advising someone to wait for one poster with the answer is - in my opinion - quite stupid. |
In reference to your post, you were correct but the relevant authority is the Korean Labor Standards Act (and Ministry of Labor < http://www.molab.go.kr > not the immigration act (even though it was an immigration officer who gave you the information.
<smile - not meaning to be confrontational - just setting the record straight and for your future information in case you ever need to know where to find it>
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