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What are the possible repercussions for leaving a SMOE...

 
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jrock



Joined: 16 Jun 2010

PostPosted: Wed Aug 25, 2010 3:51 pm    Post subject: What are the possible repercussions for leaving a SMOE... Reply with quote

What are the possible repercussions for leaving a SMOE contract without giving a full 30 days notice?

Can they refuse to pay the severance? Keep the housing deposit? Etc...
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balzor



Joined: 14 Feb 2009

PostPosted: Wed Aug 25, 2010 4:00 pm    Post subject: Re: What are the possible repercussions for leaving a SMOE.. Reply with quote

jrock wrote:
What are the possible repercussions for leaving a SMOE contract without giving a full 30 days notice?

Can they refuse to pay the severance? Keep the housing deposit? Etc...
How far are you into the contract?
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jrock



Joined: 16 Jun 2010

PostPosted: Wed Aug 25, 2010 4:04 pm    Post subject: Reply with quote

A few days into the fourth contract.
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balzor



Joined: 14 Feb 2009

PostPosted: Wed Aug 25, 2010 4:17 pm    Post subject: Reply with quote

jrock wrote:
A few days into the fourth contract.
I would think if you do a runner, you can kiss that stuff goodbye. Why would you leave after just starting a new contract and why can't you stay for 30 days?
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Wed Aug 25, 2010 4:45 pm    Post subject: Reply with quote

they cant refuse if youve never collected (or at least havent collected the previous year's severance), you will get the severance payment - you may have to fight for it, but you will get it.

youre prob out on the housing deposit because theyll claim expenses for rent until they replace you or costs for breaking the lease which will magically total your entire deposit.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Aug 25, 2010 5:34 pm    Post subject: Re: What are the possible repercussions for leaving a SMOE.. Reply with quote

jrock wrote:
What are the possible repercussions for leaving a SMOE contract without giving a full 30 days notice?

Can they refuse to pay the severance? Keep the housing deposit? Etc...


You will lose your deposit

and will probably have to fight to get your severance (but they can't refuse to pay it since it is required by law - assuming you have MORE THAN 1 YEAR of unpaid severance).

they will also take back your re-signing allowances and may want to deduct the salary they paid for your 2 week leave between contracts.

900k won for deposit
1.3 million for re-signing / renewal airfare (if you received it)
1.2 million for 2 weeks re-signing vacation. (If you took it).

.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Wed Aug 25, 2010 5:39 pm    Post subject: Reply with quote

if he re-signed, and it sounds like he did, he would have received 2 million in travel allowance for the renewal. they will take back 700 000 from that amount so that he will have received the 1.3 mil exit allowance.
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jrock



Joined: 16 Jun 2010

PostPosted: Wed Aug 25, 2010 6:19 pm    Post subject: Reply with quote

Before re-signing, I was told that something I wasn�t fond of would be changed for the better. I have recently been told not only is it not being changed for the better, but it is being made much worse. I would prefer not be more specific so it easier to remain anonymous.

Also, before re-signing, I sent out some resumes to a few International schools outside of Korea.

Upon returning from my vacation (after re-signing), I was told about the situation, and it really frustrated me. I feel exhausted, and not really willing to fight this one anymore.

I have a second interview with an International school (not in Korea), and if I am offered the job, it would begin October 1st. I would give my current school some notice, but I don�t think I would be able to give a full 30 days notice.

I don�t really care about the 500 000 housing deposit, but it would really sting if didn�t get my ~7 million won severance.

Can they legally not give me my severance if I gave less than 30 days notice (maybe ~20 days notice)?

I�ve worked at the school for 3 years, and it is the only job I have had in Korea. I really like the school and my co-workers, but the new VP is making some changes that I really dislike.

I have not received the travel allowance�supposed to get it on my September paycheck. If I leave, I should get 1.3 million.
I did use the 2 week renewal vacation, so I would expect to pay some sort of �price� for that.

So this is the money I won�t have when I leave�?
-500 000 won housing deposit.
- 1.2 million won for using my 2 week renewal vacation.

Would I be able to �fight� for my 3 years severance from outside of Korea?
How about getting my key money back in the first month of a 12 month lease?
The job is at a good school with a great salary in a country I like�but I�m still asking myself if this is worth all of the potential hassle and headaches.

Any help is really appreciated.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Wed Aug 25, 2010 6:29 pm    Post subject: Reply with quote

You should get your key money back, but there will likely be a smallish penalty for early cancellation of the lease (maybe around 1 month's rent) and you prob wont get that money from the landlord until they have a new tenant - they like to just leap-frog key money.

You are entitled to that severance even if you pack your desk and walk out the door today with no notice. You should not have many issues with getting your severance since its a public school. If you do, you can fight it outside korea, but I think youll need to name a proxy to represent you before you leave to korea. Tou better check on that. It would also be good to have that in place if you have problems getting your key money and have to go to court - you'll definitely need an appointed proxy for that.

Depending on your salary, the two weeks they deduct may be less than 1.2 mil - that would mean your salary is approx 2.4 mil per month to take 1.2. At any rate, if they deuct salary for those two weeks, there wont be much left from the 1.3 mil exit allowance. Maybe a few hundred thousand at best.
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