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Can I have my cake and eat it too?

 
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Badmojo



Joined: 07 Mar 2004
Location: I'm just sitting here watching the wheels go round and round

PostPosted: Wed Apr 21, 2004 3:28 pm    Post subject: Can I have my cake and eat it too? Reply with quote

This is a hypothetical situation, for the time being.

I have to give 60 days notice if I want to quit my job. Let's say I have a new job that starts June 24th. I want to work at my present school for the next two months, then change.

So I give them my written 60 day notice, that goes something like this:


"I am informing you of my intention to leave XXXXX Academy, June 22, 2004.

I resign my teaching position, effective that day.

Consider this signed document your 60-day written notice, as is stipulated in our contract, Part 7, Section B."


So lets say the school finds a new teacher after only two weeks. Can they say - "Sorry Badmojo, you're gone. This new teacher can start now, you're leaving, so go."

Or does the school have to wait until the date I have specified (June 22nd) to start someone new?

Can I have my cake and eat it too?
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kangnamdragon



Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea

PostPosted: Wed Apr 21, 2004 3:57 pm    Post subject: Reply with quote

Is there information in your contract about how much notice they need to give you before firing you?
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Badmojo



Joined: 07 Mar 2004
Location: I'm just sitting here watching the wheels go round and round

PostPosted: Wed Apr 21, 2004 5:38 pm    Post subject: Reply with quote

kangnamdragon wrote:
Is there information in your contract about how much notice they need to give you before firing you?


They have to give me 60 days if want to fire me.

There is also some "immediate termination" clauses. I believe they are: 1/ failing to discharge my duties properly 2/ teaching off the property 3/ showing up intoxicated or on drugs 4/ corrupting the morals of South Korea, or some such nonsense.

If the hagwon plays fairly, then they could never use any of those against me.
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kangnamdragon



Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea

PostPosted: Wed Apr 21, 2004 5:40 pm    Post subject: Reply with quote

From what you say, it sounds like they won't be able to replace you until you leave in 60 days. Just break the news to your boss gently. It is hard to tell how a hagwon owner will react to such news.
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Wed Apr 21, 2004 6:27 pm    Post subject: Reply with quote

Under the current labour law, you only have to give 30 days notice, as does the employer. Might be something to be mindful of. Helping to find a replacement teacher will go a long way in helping you maintain a good working relationship with your director. Smile
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Badmojo



Joined: 07 Mar 2004
Location: I'm just sitting here watching the wheels go round and round

PostPosted: Wed Apr 21, 2004 6:53 pm    Post subject: Reply with quote

sadsac wrote:
Under the current labour law, you only have to give 30 days notice, as does the employer. Might be something to be mindful of. Helping to find a replacement teacher will go a long way in helping you maintain a good working relationship with your director. Smile


Wouldn't my contractual terms supersede that? I know Korean law is 30 days, but my contract says 60 days.
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dutchman



Joined: 23 Jan 2003
Location: My backyard

PostPosted: Wed Apr 21, 2004 7:02 pm    Post subject: Reply with quote

Korean cake sucks.

Seriously, you will need a letter of release from your current hagwon in order to work at the other hagwon. Even though you can quit, if you still want to work in Korea you are still at their mercy. You will need to do some compromising. Them finding a teacher early is probably your best case scenario. So long as you get your letter of release, work with them and be flexible with the end date.
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Badmojo



Joined: 07 Mar 2004
Location: I'm just sitting here watching the wheels go round and round

PostPosted: Wed Apr 21, 2004 8:49 pm    Post subject: Reply with quote

dutchman wrote:
Korean cake sucks.

Seriously, you will need a letter of release from your current hagwon in order to work at the other hagwon. Even though you can quit, if you still want to work in Korea you are still at their mercy. You will need to do some compromising. Them finding a teacher early is probably your best case scenario. So long as you get your letter of release, work with them and be flexible with the end date.


I'm not worried about any release letter. I'd be leaving the country two days later. Very Happy And when I'm gone, I stay gone Very Happy Very Happy
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Thu Apr 22, 2004 4:35 am    Post subject: Reply with quote

Contracts do not supercede labour law requirements. Smile
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