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dumpring
Joined: 06 Apr 2010
Location: Auckland, NZ
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 Posted: Thu Dec 02, 2010 7:50 am Post subject: Leaving Hakwon mid-contract 2nd Year |
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If anyone could shed some light onto the legality of my conundrum it would be most appreciated.
I'm currently approaching the end of my 1st contract and would like to continue teaching until my graduate program starts mid-next year. My Hakwon will not extend my contract (if that was even possible) but will re-sign me for another year willingly.
My question is, if I work say 4 months into my second year, and then give 6-8weeks notice, is my Hakwon still legally required to pay my airfare home from the first completion?
I understand that they would still be required to pay severance regardless. |
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sbp59
Joined: 01 Apr 2009
Location: Somewhere in SK
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| Posted: Thu Dec 02, 2010 8:31 am Post subject: |
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It's going to be difficult to get them to pay for your flight home when your breaking the contract, not them. The new contract you sign will likely say something about the flight being purchased after successfully completing the 2nd year.
I was in a similar situation last year, l considered what you mentioned and decided to go home at the end of my first contract because I wanted to be guaranteed my severance and flight home.
Perhaps you can negotiate this into your new contract and the flight home being guaranteed regardless of being fired or quitting because you did already do one full year with them.
It's tough to get money out of hagwon owners who you quit on, they may even try to screw you on severance or your final pay when quitting. They now have to find a new teacher, pay the recruiter fee, train the teacher, etc, all when they thought you were their for the entire 12 months. They don't like that. |
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dumpring
Joined: 06 Apr 2010
Location: Auckland, NZ
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| Posted: Thu Dec 02, 2010 9:49 am Post subject: |
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| sbp59 wrote: |
It's going to be difficult to get them to pay for your flight home when your breaking the contract, not them. The new contract you sign will likely say something about the flight being purchased after successfully completing the 2nd year.
I was in a similar situation last year, l considered what you mentioned and decided to go home at the end of my first contract because I wanted to be guaranteed my severance and flight home.
Perhaps you can negotiate this into your new contract and the flight home being guaranteed regardless of being fired or quitting because you did already do one full year with them.
It's tough to get money out of hagwon owners who you quit on, they may even try to screw you on severance or your final pay when quitting. They now have to find a new teacher, pay the recruiter fee, train the teacher, etc, all when they thought you were their for the entire 12 months. They don't like that. |
I can understand what you're saying, they would have to find a new teacher anyway though (there is no training at my hakwon) and pay recruiter fees etc. Hoping for a hakwon boss to be reasonable is a bit much maybe.
I was just wondering if they legally can withhold payment? Obviously if they can then there would be little chance of me seeing any money when I left. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu Dec 02, 2010 10:27 am Post subject: |
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They can't legally withhold payment, but if you're leaving the country, you'll have a hard time forcing them to comply with the law.
Get money in lieu of the flight home. Get it as soon as you start the second year. Tell them as well that you want to collect your severance pay (your 13th month bonus) at the end of the 12th month. Sure, you'll lose out on the additional 4 months of severance, but otherwise, you risk losing it all. |
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sbp59
Joined: 01 Apr 2009
Location: Somewhere in SK
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| Posted: Thu Dec 02, 2010 12:30 pm Post subject: |
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| Troglodyte wrote: |
They can't legally withhold payment, but if you're leaving the country, you'll have a hard time forcing them to comply with the law.
Get money in lieu of the flight home. Get it as soon as you start the second year. Tell them as well that you want to collect your severance pay (your 13th month bonus) at the end of the 12th month. Sure, you'll lose out on the additional 4 months of severance, but otherwise, you risk losing it all. |
Excellent advice, if your boss won't agree to what Trog said, don't sign a new contract. |
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dumpring
Joined: 06 Apr 2010
Location: Auckland, NZ
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| Posted: Thu Dec 02, 2010 11:36 pm Post subject: |
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| Thanks lads, will take Trog's advice and try to collect airfare/pay in lieu at the end of the contract or just go back home. |
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