Korean Job Discussion Forums

[turquoisejoy]

My contract says I must give 60 days notice. Then goes on to say that "the instructor agrees to work until the new instructor arrives".

My boss is trying to say she wont be able to find a new instructor in 60 days and that I have to stay a month longer.

(I realize I could just do a run but I'm trying to go about this the right way as my boss has so far been a very decent woman to work for)


Does anybody know of any labor laws that could apply to my situation?

[lifeinkorea]

If you want a LOR, then work with her. Do the 3 months.

[turquoisejoy]

I don't need a letter of release. I'm planing on leaving Korea.

I'm worried that I will work my 60 days, and then go to leave and she won't give me my last months pay. I'm wondering, in that situation, do I have any legal recourse?

[Chris.Quigley]

Yes, you can go to the labour board, tell them that they are refusing to pay you your final month's pay.

I suggest you write up a document, stating that you quit, and are giving 3 months notice (or whatever notice you want to give).

Make two copies. Sign both of them. Get your boss to sign both of them. Give one copy to your boss.

Make sure that it says you are quitting on good terms, and not because of some argument or difference between the two of you. Your employment is not being terminated, rather you are quitting.

Make sure that it says your boss agrees to pay you your salary for all months/portions of months, until you stop working.

If you owe your boss anything, for the purpose of goodwill, confirm that you will satisfy any debts (such as apartment bills).

(This isn't really necessary, your original contract already says all of this, but this way your boss cannot claim at the last second, after they have gotten "free" work out of you, that you were fired for stealing or molesting a kid or something stupid like that.)

If your boss refuses to pay you your last month's pay. Go directly to the labour board, explain the situation, show them the letter. Your boss will not have a chance.

[CentralCali]

If you don't trust your employer, then your mistake was in giving notice. You have a right to quit your employment, immediately, at any time.

Quigley's advice is, shall we say, odd. Why would you need another document other than your contract to have your employer agree to pay you for your work?

[lifeinkorea]

Signing an additional document is for the school, not the teacher, to relieve them of what they may feel is negligence. They can show a recruiter this maybe and get another teacher. I am not certain, and there might be other reasons.

I did this last year, but decided to come to China instead of finding another school. If you don't think you will get paid, the only logical option I see is leaving after getting paid. If you try to go to labor board, then you need to stay in the country to see it through. If you want to leave Korea, then you should do just that.

The fact she is trying to get a third month is evidence she might not do things by the book. If a recruiter gets her a teacher leaving another school (under good terms), then all they have to do is transfer the visa. There is no need for a third month.

The agreement I make with schools is if they find a replacement earlier than the 2 months, then I'll just leave earlier with less pay.

So I would print out relevant parts of the contract on one page. Nothing needs to be signed because you are referencing an already signed contract. Highlight where it says 2 months.

1. Go into her office with 2 things, resignation notice signed and dated, and also a page with the copied parts from the contract which show 2 months notice in it.

2. Remind her, you are no longer negotiating, and you will be ending the contract at the 2 month mark.

3. Tell her, if you agree, you will leave earlier than the 2 months if she finds a replacement before that time.

4. Give no indication of staying a third month until after getting paid for the first month. See how her behavior is. Decide then if you are willing to do a third month or not. Right now, she will be behaving the same as if there are no problems. When the 2nd month comes around, she might be showing more obvious signs she won't pay for the 2nd month. That's when you can offer to stay a third month. This is actually only to make sure you get your pay for the second month.

5. Another thing that has helped me is to reduce conversation with the school. Only contact them when you are expecting pay. If you get the response, "Yea, we'll go to the bank tomorrow" a few times, then you need to hassle them more.

[nathanrutledge]

Read the Labor Standards Act. You are only required to give 30 days notice. Anything beyond that is illegal, even if it is in the contract (you cannot contract to something illegal).

This is a fine detail if you're willing to do the 60 days. Just stick to your guns. Tell her you're quitting and leaving at that time and you won't do anything more. Point her towards the Labor Standards Act and let her know that what she's asking is more than you are willing to do and you have the law to back you up. If she decides to fire you or let you go at that point, again, refer to the labor standards act and your contract. You've got enough paper that is the law OR that has her signature on it to be covered. Just be firm.

[TheUrbanMyth]

[ttompatz]