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Allowed To Leave Before Contract Ends. What About Payments?
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grandpa



Joined: 19 Oct 2009

PostPosted: Wed Dec 15, 2010 10:47 pm    Post subject: Allowed To Leave Before Contract Ends. What About Payments? Reply with quote

I'm at a public school in Seoul.

My contract officially ends March 8th 2011, but I was told by my co-teacher that I could leave on March 5th.

However, I will not be given severance/airfare/pension until after the 8th (when my contract officially ends).

Is there a risk that I leave on the 5th, and find out that I forfeited my severance/airfare/pension for leaving Korea before my contract officially ended?
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Dec 15, 2010 10:53 pm    Post subject: Re: Allowed To Leave Before Contract Ends. What About Paymen Reply with quote

grandpa wrote:
I'm at a public school in Seoul.

My contract officially ends March 8th 2011, but I was told by my co-teacher that I could leave on March 5th.

However, I will not be given severance/airfare/pension until after the 8th (when my contract officially ends).

Is there a risk that I leave on the 5th, and find out that I forfeited my severance/airfare/pension for leaving Korea before my contract officially ended?



Yes there is a risk of losing severance and possibly airfare.

Not pension though.

Will it happen? Maybe...no one knows. I'd stay the extra three days and make sure....you've gone this far might as well make sure.
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grandpa



Joined: 19 Oct 2009

PostPosted: Wed Dec 15, 2010 10:58 pm    Post subject: Re: Allowed To Leave Before Contract Ends. What About Paymen Reply with quote

TheUrbanMyth wrote:
grandpa wrote:
I'm at a public school in Seoul.

My contract officially ends March 8th 2011, but I was told by my co-teacher that I could leave on March 5th.

However, I will not be given severance/airfare/pension until after the 8th (when my contract officially ends).

Is there a risk that I leave on the 5th, and find out that I forfeited my severance/airfare/pension for leaving Korea before my contract officially ended?



Yes there is a risk of losing severance and possibly airfare.

Not pension though.

Will it happen? Maybe...no one knows. I'd stay the extra three days and make sure....you've gone this far might as well make sure.


My school has been pretty good to be for 9 months I've been here.

Should I write up a quick contract and ask them to sign it?
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jrwhite82



Joined: 22 May 2010

PostPosted: Wed Dec 15, 2010 11:05 pm    Post subject: Reply with quote

Yeah, if you get it in writing you will be able to take to the labor board. Make it as an official addendum to the contract.

I would just stick out the 3 days to be safe. What's the rush? Do they want the new teacher to start the new semester?

The contract should also spell out how long they have to pay out everything they owe you if it is your standard contract.
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grandpa



Joined: 19 Oct 2009

PostPosted: Wed Dec 15, 2010 11:09 pm    Post subject: Reply with quote

jrwhite82 wrote:
Yeah, if you get it in writing you will be able to take to the labor board. Make it as an official addendum to the contract.

I would just stick out the 3 days to be safe. What's the rush? Do they want the new teacher to start the new semester?

The contract should also spell out how long they have to pay out everything they owe you if it is your standard contract.


They would like the new teacher to start as soon as possible, which I can understand.

How do I go about making it an official addendum?
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jrwhite82



Joined: 22 May 2010

PostPosted: Wed Dec 15, 2010 11:22 pm    Post subject: Reply with quote

The addendum should refer to the existing contract by name and date and who signed on it.

Then add what you want it to say.

Then both of you sign it and seal it. Then line up the two pages side by side and seal it right in the middle so you can line up the seal on both pages to show that they go together. Then sign across both pages so half your signature is on one half and half your signature is on the addendum.

That's what I did for my contract anway.

Honestly, I wouldn't leave early if I were you. I know it makes things easier for the school, the new teacher and the students. But it's too much of a personal risk if things go sour for whatever reason over the last 3 months of your contract.
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grandpa



Joined: 19 Oct 2009

PostPosted: Wed Dec 15, 2010 11:30 pm    Post subject: Reply with quote

jrwhite82 wrote:
The addendum should refer to the existing contract by name and date and who signed on it.

Then add what you want it to say.

Then both of you sign it and seal it. Then line up the two pages side by side and seal it right in the middle so you can line up the seal on both pages to show that they go together. Then sign across both pages so half your signature is on one half and half your signature is on the addendum.

That's what I did for my contract anway.

Honestly, I wouldn't leave early if I were you. I know it makes things easier for the school, the new teacher and the students. But it's too much of a personal risk if things go sour for whatever reason over the last 3 months of your contract.


Thanks to TheUrbanMyth and jrwhite82.

Would I be able to ask for severance/airfare/pension before leaving after the 8th?
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jrwhite82



Joined: 22 May 2010

PostPosted: Wed Dec 15, 2010 11:34 pm    Post subject: Reply with quote

I'm not sure. My last job, they paid for the airfare upfront. It might be hit or miss with that.

My director also deposited all my pay and severance into my account on my last day.

I think in the public schools they have up to 2 weeks or a month to pay out on your severance and plane ticket reimbursement. I can't remember how long they have, but it is longer than you will wind up staying here.
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grandpa



Joined: 19 Oct 2009

PostPosted: Wed Dec 15, 2010 11:38 pm    Post subject: Reply with quote

jrwhite82 wrote:
I'm not sure. My last job, they paid for the airfare upfront. It might be hit or miss with that.

My director also deposited all my pay and severance into my account on my last day.

I think in the public schools they have up to 2 weeks or a month to pay out on your severance and plane ticket reimbursement. I can't remember how long they have, but it is longer than you will wind up staying here.


Thank you jrwhite82.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Thu Dec 16, 2010 2:20 am    Post subject: Reply with quote

You can take all the precautions you want, but the worst they could do is dock your pay for 3 days.

It may actually hurt you to have something like a contract which says you can leave early. That is proof that you are leaving earlier than the expected time. So, make sure it says something about your salary being the same and that everything else is in effect.

I doubt they just said you could leave three days earlier, you must have requested it. So, why not just chalk those off as sick/vacation days and be on the safe side?
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louiloui



Joined: 14 Oct 2008

PostPosted: Thu Dec 16, 2010 6:51 am    Post subject: Re: Allowed To Leave Before Contract Ends. What About Paymen Reply with quote

grandpa wrote:


My school has been pretty good to be for 9 months I've been here.

Should I write up a quick contract and ask them to sign it?


You've only been there 9 months? Are you even sure you are eligible for severance pay or airfare?
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Thu Dec 16, 2010 8:30 am    Post subject: Reply with quote

I would seriously advise against leaving 3 days early. If you have vacation days and want to take them then, go ahead. But in that case, make sure you get in writing that those are your vacation days. Still... I wouldn't do it. It's 3 days. Stick it out. Desk warm is necessary.

If you make an official deal out of it, it can make you look like a jerk in the minds of your boss and co-workers, which can lead to them truly becoming jerks. If you just take their word for it and hope they'll be honest, you have no idea whether or not they'll stick to their word. They could quite legally claim that you left early and thus didn't complete the 12 months, therefore no airfare or severance. It's happened plenty of times before. It seems to come up on this forum every few months. Just because they smile and treat you like a friend doesn't mean that they aren't just playing you along to make it easier later to shaft you.

On the same topic, I'd recommend to most people that they book their flight for a week or so after their last day. If nothing else, you spend a week in Seoul sightseeing. If on the other hand your school messes with you, then you have time to go to the labor board and complain about it.

In short, don't leave the 3 days early.
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superNET



Joined: 08 Dec 2010

PostPosted: Thu Dec 16, 2010 12:35 pm    Post subject: Reply with quote

Quote:
would seriously advise against leaving 3 days early.


^^This. Even if they are nice to you and unless they voluntarily deposit your severance and airfare--do not leave early.

Quote:
If you make an official deal out of it, it can make you look like a jerk in the minds of your boss and co-workers, which can lead to them truly becoming jerks.


^^This, again. It is best to fulfill your contract UNLESS they have voluntarily met all their obligations beforehand (paying out money due).

Quote:
On the same topic, I'd recommend to most people that they book their flight for a week or so after their last day. If nothing else, you spend a week in Seoul sightseeing. If on the other hand your school messes with you, then you have time to go to the labor board and complain about it.

In short, don't leave the 3 days early.


Go get an extension on your visa to make sure you are covered if you do this.

Quote:
You've only been there 9 months? Are you even sure you are eligible for severance pay or airfare?


He wasn't counting the last 3 months of his contract yet.
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jrwhite82



Joined: 22 May 2010

PostPosted: Thu Dec 16, 2010 2:50 pm    Post subject: Reply with quote

And whose to say your current coteacher will be here next year too. They change positions so often and many don't know until January. You might get someone that won't honor a personal deal you made that goes against your contract.
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CentralCali



Joined: 17 May 2007

PostPosted: Thu Dec 16, 2010 4:09 pm    Post subject: Reply with quote

If it's a contract with the Provincial/Metropolitan City Office of Education, nothing the principal signs purporting to change that contract is valid simply because he does not have that authority.

Why the rush to bail out? It's three days. Stay here, fulfill the contract, and then leave a few days after the contract. Of course, you should be sure to check the particulars in the contract about when you must depart Korea to get the ticket out of the country. If you stay too long, you may forfeit that.

lifeinkorea's assertion about the worst that can happen isn't even in the ballpark here. The worst that can happen is that they dock your pay, and refuse to pay severance and airfare because you did not complete the full year.
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