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mollayo
Joined: 11 Oct 2010
Location: At the my house
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 Posted: Wed Jul 13, 2011 6:53 am Post subject: Working after finishing a contract |
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| My contract is almost up, but I've been asked to stay a little longer while they find a replacement for me. Legally, am I allowed to keep working for them for a couple of weeks even though my contract is finished? My ARC cards wouldn't be expired. Thanks. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Wed Jul 13, 2011 7:19 am Post subject: |
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Why don't they just get an extension? They are trying to play games here. Maybe they want you to stay 10 days past your contract dates and then say they don't have to pay for a flight home. It does give you a chance to make sure they pay your 12th month, but what about the other months? When will they pay those? You could get your severance, but not that month. So it would be the same as working 13 months without severance and the possibility of losing airfare money.
I wouldn't chance it. |
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mollayo
Joined: 11 Oct 2010
Location: At the my house
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| Posted: Thu Jul 14, 2011 6:48 am Post subject: |
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| How does me staying extra days translate to no airfare or severance? I don't get it. I just want to know if I can work for them for a week or two extra after my contract is expired without any legal ramifications. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Thu Jul 14, 2011 7:01 am Post subject: |
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I am just painting the worse case scenario. Hopefully it won't work out that way. I'll go over what I mentioned.
Flight - Some contracts have a clause you need to leave within 10 days after the contract is complete. In this case, if you stay an 11th day, the school could say they don't need to pay for your airfare home. Make sure your contract doesn't have this, or don't stay in Korea too long after your end contract date if you want your flight money.
Severance - Less of a problem is your severance. If they don't want to pay your flight, then they might not want to pay the extra days you worked also. It's happened to me. So, it's like they are having you work off your severance instead of giving you it without working.
| Quote: |
| I just want to know if I can work for them for a week or two extra after my contract is expired without any legal ramifications. |
If caught, then you will be working without a contract, and you have no way to collect on unpaid wages without a contract. Labor board won't help you. Do you want to take this risk? I am pretty sure a "week or two extra" isn't worth it. You have to decide and find out if your flight will be in jeopardy and if you will be working off your severance instead of actually collecting it without working.
Good luck!!!
Last edited by koreatimes on Thu Jul 14, 2011 7:05 am; edited 1 time in total |
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mollayo
Joined: 11 Oct 2010
Location: At the my house
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| Posted: Thu Jul 14, 2011 7:04 am Post subject: |
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Ah, I get it now. Thanks for the explanation.  |
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cincynate
Joined: 07 Jul 2009
Location: Jeju-do, South Korea
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| Posted: Thu Jul 14, 2011 9:14 pm Post subject: |
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| As long as your ARC card is not expired and you are working for the employer listed on your visa, then you are not doing anything illeagle. However, if I were you I would ask for a short one page contract stating that you will be paid immeadiatly as of the last day of work and that your flight allowance will be paid the last day of your original contract. You don't have to worry about your severance. That's hard coded into the labor law, and in fact you will be paid more for the last two weeks of work. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Fri Jul 15, 2011 3:40 am Post subject: |
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| Quote: |
| As long as your ARC card is not expired and you are working for the employer listed on your visa, then you are not doing anything illeagle. |
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| That's hard coded into the labor law, and in fact you will be paid more for the last two weeks of work. |
What are you talking about? Labor law allows you to either not sign a second contract or sign one, while not letting immigration know about it?
1) You were staying "you are not doing anything illegal" in terms of working beyond an initial contract period.
2) You ONLY stated a second contract in hopes the teacher would be "protected", not because it would be a legal obligation.
SORRY!! I have to disagree, doing all this is 100% i-l-l-e-g-a-l
This is why they have "extensions". You don't need another contract.
Your post would have made more sense if you didn't reference law. That's why I am pouncing on you. I know in practical terms, nothing will happen. However, according to law, I don't see how it is legal. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Jul 15, 2011 5:07 am Post subject: Re: Working after finishing a contract |
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| mollayo wrote: |
| My contract is almost up, but I've been asked to stay a little longer while they find a replacement for me. Legally, am I allowed to keep working for them for a couple of weeks even though my contract is finished? My ARC cards wouldn't be expired. Thanks. |
As long as your ARC is not expired and you don't change employers you can stay working until your ARC is done EVEN IF it is after the end of your contract..
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koreatimes
Joined: 07 Jun 2011
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| Posted: Fri Jul 15, 2011 5:56 am Post subject: |
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ttompatz,
Interesting, then why do people apply for extensions? Only for visa purposes? This seems like good news. |
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mollayo
Joined: 11 Oct 2010
Location: At the my house
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| Posted: Sun Jul 17, 2011 7:42 pm Post subject: |
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| I called immigration to ask. They said I can't work after my contract is expired, unless I go to immigration for a visa extension (even if my ARC isn't expired). Whether I work for one day, 1 week, or a month extra, I have to to immigration with an extended contract, passport, etc. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Jul 17, 2011 9:54 pm Post subject: |
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| koreatimes wrote: |
ttompatz,
Interesting, then why do people apply for extensions? Only for visa purposes? This seems like good news. |
Under the current rules, you can stay at the same employer AFTER your contract expires and BEFORE your ARC expires PROVIDED you report (to immigration) said change within 14 days (the same as adding a new employer).
People get (short) extensions primarily because their ARC expires before their contract (due to entering Korea before then start work).
You ALWAYS have to keep your status of sojourn updated (at immigration) and report any changes within 14 days of the change (by law).
.
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southernman
Joined: 15 Jan 2010
Location: On the mainland again
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| Posted: Sun Jul 17, 2011 11:13 pm Post subject: |
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I was actually just talking with someone from Immigration today. I got a txt over the weekend informing/advising me that
" Stay Period Expiration Date :2011.08.16." First time I've ever had a txt like that, but I digress.
Anyway rung up the return number and was told that you can get a Visa extension for one month. You have to go to your local Immigration Office with your passport, alien registration card and copy of your outward plane ticket. |
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mollayo
Joined: 11 Oct 2010
Location: At the my house
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| Posted: Mon Jul 18, 2011 6:03 am Post subject: |
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| Augh, my school is being stupid. I don't think I want to stay after all. It's not my fault they can't find a replacement. |
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