Korean Job Discussion Forums

[deadhead]

I have been working at my part time job as a F2 visa holder for a while now, and they wanted me to start working there full time. They gave me a contract today and it states that I have to give 2 months notice if I decide to leave.

Then, right under it is, " If the employee wishes to terminate the employment contract prior to the date agreed date of expiration, due to his/her personal reasons which are not acepted by the employer, he/she has to pay a fine of the equivalent of one month salary as compnesation for the inconvenience which early termination cause both the students and the company."

As far as I know, which isn't that much, this is illegal. Someone on another board said that according to this section in the Korean Labor Law:

Section 20 (제20조)

제20조(위약 예정의 금지) 사용자는 근로계약 불이행에 대한 위약금 또는 손해배상액을 예정하는 계약을 체결하지 못한다.


This is in Korean though, so i guess I will ask my wife later. Is there anywhere I can read the English translation? The #20 in the English version doesn't seem to mean this.

I want to go on Monday with some kind of proof to get this removed if I am correct. I guess they can leave in the 2 month notice part, but what can they do if I don't give 2 months quit if I get this removed?

Thanks for any help!

[ttompatz]

[deadhead]

Thanks for that link!!! I was looking at the sticky in the job related discussion and saw.....

Article 20 (Definition of Contractual Working Hours)

The term �contractual working hours� in this Act means working hours on which workers and employers have made an agreement within the limit of working hours under Article 49 or the text of Article 67, or Article 46 of the Industrial Safety and Health Act.

so what can happen if I am able to get that part taken out but they still keep they 2 months part in and I want to quit early? They can try to prove there were damages and try to sue? I think it would be hard to prove any damages as long as I didn't quit the same day. I imagine if I gave them 2 weeks or so there wouldn't be any damages?

Or do I just sign it as is, then when I quit anytime claim that the contract was in violation of the code and thus void ? How about my pay that is part of the contract? Is that then null too?

Thanks again for the help and any advice!! I really like the school but I want to cover myself should anything change.

[ttompatz]

[deadhead]

Thanks sooooooo much ttompatz!!

I know how to approach the first part and should be able to get it taken out.

just one more thing about the 2 months . They want ME to give THEM 2 months notice if I want to leave early. Can they do that? Is there anywhere in the labor law that designates how much notice to give? I think I can leave at any time since I am a F visa holder.

If they can require me to give 2 months notice and I sign, what would happen if I left early?

Thanks again and this is my last question about this topic. Thank you.

[Wildbore]

[deadhead]

[Mr Lee's Monkey]

I thought the legal requirement in Korea was thirty days of notice.... isn't it?

[r122925]

[Wildbore]