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RaiderRyan24
Joined: 05 Mar 2013
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 Posted: Thu Mar 07, 2013 12:53 pm Post subject: Does not paid on time = breach of contract? |
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I wasn't paid on time, and even after I was paid, I wasn't paid the full amount. Does this constitute as a breach of contract and if I decide to leave, I can leave without punishment because the employer broke the contract?
Sometimes leaving your job is financially difficult, having to pay back your flight TO Korea, having to pay for your flight OUT, losing your pension and severance pay, etc. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Mar 07, 2013 2:42 pm Post subject: Re: Does not paid on time = breach of contract? |
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| RaiderRyan24 wrote: |
I wasn't paid on time, and even after I was paid, I wasn't paid the full amount. Does this constitute as a breach of contract and if I decide to leave, I can leave without punishment because the employer broke the contract?
Sometimes leaving your job is financially difficult, having to pay back your flight TO Korea, having to pay for your flight OUT, losing your pension and severance pay, etc. |
If they are more than 14 days late in payment of wages then you have a valid reason to file a claim at the labor office.
If the matter is not soon resolved at that point then leaving is an option and immigration will be more inclined to allow an easy transfer to a D10 or new employer.
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RaiderRyan24
Joined: 05 Mar 2013
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| Posted: Sat Mar 09, 2013 1:50 am Post subject: |
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| What is a D10? |
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JustinC
Joined: 10 Mar 2012
Location: We Are The World!
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| Posted: Sat Mar 09, 2013 1:58 am Post subject: |
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Immigration HelpLine: 1345, press 3 and then * for English. You don't need an area code.
Leaving should really be the last option. Until then ask here and immigration for advice, and try negotiating with your employer. It could be something really simple like a deduction for the deposit on your apartment, and it was late because the bank messed up the account opening. |
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RaiderRyan24
Joined: 05 Mar 2013
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| Posted: Thu Mar 14, 2013 6:00 pm Post subject: |
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| But do you know if an employer is late on paying is, does that mean they breached the contract and If i choose to leave before 6 months, could I get out of paying them back for my flight to Korea because they already breached the contract? I'll stay 6 months if I have to so I don'/t have to pay back my flight, but I'd like to leave earlier if I can. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Mar 14, 2013 7:56 pm Post subject: |
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| RaiderRyan24 wrote: |
| But do you know if an employer is late on paying is, does that mean they breached the contract and If i choose to leave before 6 months, could I get out of paying them back for my flight to Korea because they already breached the contract? I'll stay 6 months if I have to so I don'/t have to pay back my flight, but I'd like to leave earlier if I can. |
Unpaid salary is a issue and a valid reason to file a claim with the labor office and THEY can get you out from under your contract. It will NOT void your employer's claim for airfare if you leave early.
Late pay is nothing that will stand up and unless they are more than 14 days late you can't even file a complaint with the labor office0.
If you leave with unpaid bills and you won't be returning any time soon.
If you quit without a LOR or valid complaint claim at the labor office and release then you won't be able to transfer to a new employer for the duration of your contract period (you won't be working in Korea).
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