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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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 Posted: Sat Mar 30, 2013 9:47 am Post subject: |
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| CentralCali wrote: |
| Date of entry into the country with them as your sponsors is the beginning date of employment. |
^ The above is not correct.^
Neither Immigration nor Labor consider your date of entry as your first day of employment.
It is the first day of sponsorship.
This is why Immigration began issuing 13 month visas with 13 months on your ARC. It is very common for a teacher to begin late. To complete your 12 months and qualify for severance and return airfare you have to actually work a full year. Teachers commonly have had to go to Immigration for annoyoing short term extensions because the date of arrival is not the first date of employment.
Actual work dates often don't coincide with contract dates. Contracts with exact dates fail to account for an uncertain future. Well written contracts have clauses that deal with normal date discrepancies.
The government schools are notoriously stringent on this. If you fail to complete a full year of work they won't pay. They do not go by the date of entry to Korea. Many hogwans will also stick it to you if you come up short. The good hogwans will let a few days slide and still pay severance and airfare or prorate the amounts.
| ttompatz wrote: |
| hatfiejl wrote: |
| My coworker arrived on the 28th or 29th of June and they are trying to say she has to stay until July 9th. If it's a few days I won't bother but no way am I staying more than a week. |
Just be aware that, under labor law, if you actually work (teach) for less than a FULL CALENDAR YEAR they can legally deny your severance.
Are you prepared to risk your flight home and severance over a couple days of work?
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Exactly.
You are free to leave at any time. You are not a slave. You would be entitled to regular pay for all of your days worked. Leaving before completion of a full year, you would not be legally entitled to your severance and return airfare under the Labor laws and it is not an issue that falls under the jurisdiction of Immigration.
If your contract was written so that payments are based on contract dates and not on actually working, then you could sue under contract law for your severance and airfare. This would be a very unusual contract. However the Labor office may decline to help since under Labor law you have to actually work the full year. |
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CentralCali
Joined: 17 May 2007
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| Posted: Sat Mar 30, 2013 12:25 pm Post subject: |
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| What I posted above I posted is correct. |
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hatfiejl
Joined: 14 Feb 2012
Location: Ohio
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| Posted: Sat Mar 30, 2013 5:56 pm Post subject: |
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| I got it sorted this morning, thanks everyone! |
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