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Break Contract and Leave Korea

 
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Sireno



Joined: 19 Mar 2010

PostPosted: Mon May 06, 2013 12:20 am    Post subject: Break Contract and Leave Korea Reply with quote

I'm not doing well right now. I told my manager I would be quitting, but was having a mild nervous breakdown at the time. We didn't get to how long I would stay. The contract says 45 days but I don't think I will/can do that.

I have seen many forum postings saying people do a midnight run or break the contract and have no problems. However, I called the labor board at 1350 and they told me if I break the contract and just leave without proper notice then my school can file a claim against me. Not quite sure what that means. My boss has threatened legal action for students getting refunds. Would there be problems for me at the airport if I stayed another few days to a week to travel? My other concern is if I want to get a work visa in the future or come back as a tourist will it be a problem for me? I doubt I will ever be applying for an E2 again.

Thank you.
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MiXX



Joined: 30 Aug 2012

PostPosted: Mon May 06, 2013 12:33 am    Post subject: Reply with quote

Nothing can / will happen to you. If you want to leave buy your ticket and fly home. I can assure you Korean police will not show up at your doorstep back in the states.

The only issue is it could POTENTIALLY be a problem if you try to get another job in Korea. And even that is a long shot.

I quit before 6 months (didnt pay back any flight money, but they did have 1mil won that I hadnt received from my worked hours.) and found another job and returned. I didnt mention that I worked in Korea and actually said I didnt work in Korea before during the hiring process. I also took a brand new cell phone with me without cancelling or paying for it. I dont recommend that and wouldnt do it again as it was wrong and I cant get a contract with internet now. Only a minor inconvenience as I returned and found another job and got internet at my apartment with wireless so I can use wifi on my cellphone with a prepaid card.
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Sireno



Joined: 19 Mar 2010

PostPosted: Mon May 06, 2013 7:32 pm    Post subject: Reply with quote

I see.

The current ongoings are as follows:

Monday morning I went to work, taught, then told my manager I would be quitting sometime soon. She said someone would contact me about this. I got an email threatening legal action if I didn't give the contractual proper 45 days written notice. I went in to work at night (split shift) and the manager told me I should teach tonight and not come in tomorrow for work. I would not be getting paid for my 3 days of work and training. I don't owe them for anything like flight or housing, etc since they didn't pay it.

What is happening to my visa? I am either going to leave back to my home country, or I am also thinking to study Korea here for the Summer first. How can I change my visa to study here? Do I need anything from my employer? (btw I don't have an ARC yet, just the e2 visa in my passport).
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War Eagle



Joined: 15 Feb 2009

PostPosted: Mon May 06, 2013 8:37 pm    Post subject: Reply with quote

It sounds like you have some free time now. Why not make a trip to immi?
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CentralCali



Joined: 17 May 2007

PostPosted: Mon May 06, 2013 9:15 pm    Post subject: Re: Break Contract and Leave Korea Reply with quote

Sireno wrote:
I'm not doing well right now. I told my manager I would be quitting, but was having a mild nervous breakdown at the time. We didn't get to how long I would stay. The contract says 45 days but I don't think I will/can do that.


You are under no obligation to give any notice. There are no legal consequences for not complying with a 45-day contractual provision. There may be consequences relating to other contract provisons; however, there can be no financial penalty (such as docking your pay for not giving notice).

Quote:
I have seen many forum postings saying people do a midnight run or break the contract and have no problems. However, I called the labor board at 1350 and they told me if I break the contract and just leave without proper notice then my school can file a claim against me. Not quite sure what that means.


The only legitimate thing they can claim would be for repayment of the flight over if that, in fact, mentioned in the contract. If it's not, the school's out of luck on that.

Quote:
My boss has threatened legal action for students getting refunds.


Your boss must be on drugs. That's not your problem.

Quote:
Would there be problems for me at the airport if I stayed another few days to a week to travel? My other concern is if I want to get a work visa in the future or come back as a tourist will it be a problem for me? I doubt I will ever be applying for an E2 again.


The boss may think he's all powerful, but in fact he needs to have proof of allegations against you for the authorities to take action.
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MiXX



Joined: 30 Aug 2012

PostPosted: Mon May 06, 2013 9:27 pm    Post subject: Reply with quote

Authorities will not be taking any action to begin no matter what his boss has to show or say.

You could skip out on a phone contract with a new galaxy s4 and nothing will happen to you outside of your korean credit messing up and getting mail / phone calls.
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CentralCali



Joined: 17 May 2007

PostPosted: Mon May 06, 2013 9:52 pm    Post subject: Reply with quote

I was referring to allegations of criminal activity. Of course, the boss having to reimburse students isn't a criminal complaint.
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Dalton



Joined: 26 Mar 2003

PostPosted: Tue May 07, 2013 1:20 am    Post subject: Reply with quote

When you get home from work pack your bags, clean out the bank account, call anyone you need to. Clean the place up. Don't do anything silly like poop on the floor.

When you wake up shower, shave, have breakfast as usual but walk out with your bags, get a cab and head to the airport. Buy your ticket home. You may need to use some service at the airport to get a nearby hotel or spa to wait for your flight.

Remember why you're leaving.

It's that simple. No-one can do anything about it.
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Sireno



Joined: 19 Mar 2010

PostPosted: Tue May 07, 2013 4:46 am    Post subject: Reply with quote

I went to immigration today and they told me my visa hasn't been canceled. They said when/if it is they will call and notify me. I was told I couldn't transfer it to a D4 student visa for language school since I need a release letter from my employer. I don't think they will give me one since they didn't seem happy with me not giving them a 45 day notice. They said I could leave Korea, cancel it, and come back though.

Does the school need to pay me for my 3 days of work and 4 days of training?

I will call the labor board people again tomorrow.
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liveinkorea316



Joined: 20 Aug 2010
Location: South Korea

PostPosted: Tue May 07, 2013 6:38 am    Post subject: Reply with quote

They don't need to pay you for training. They should pay your for the work.

Question is what deductions will they try to claim against it? You see you told them that you could not work out the notice period right? Well most contracts have a clause that says that if you don't work out a notice period you are liable for costs they incur to get a new worker.

That basically means they would be able to write off your wages to zero and say that it is costing them money to get a new teacher.

It will depend on whether you CHOSE to finish after a week or they fired you. Did you make them aware that you could not work out the notice period. In that case I doubt you would get money...if they were bad people.

If they were good people they might just give you 3 days wages and say goodbye. But I think you would be lucky.
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young_clinton



Joined: 09 Sep 2009

PostPosted: Tue May 07, 2013 7:17 am    Post subject: Re: Break Contract and Leave Korea Reply with quote

Sireno wrote:
My other concern is if I want to get a work visa in the future or come back as a tourist will it be a problem for me? I doubt I will ever be applying for an E2 again.

Thank you.


Immigration doesn't care about Midnight Runs, show up at the airport and turn in your ARC and off you go. If you're doing a Midnight Run from a public school, forget about ever working in another public school. If you're running from a Hagwon, there is no comprehensive Korea wide blacklist for ESL teachers. You would have to turn in your ARC and not expect another E2 visa issued until the one you came to Korea on now runs out. As long as you turn in your ARC you can come back as a tourist at will.

Sure the school can file a claim, but lots of luck for the school, I wouldn't worry about it at all. You are not going to be around long enough to go to court, and a claim will cost them too much money, and they know they might lose anyway.

The only time you can get in trouble with Korea and Immigration is if you vandalize something, assault someone, steal something etc.
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CentralCali



Joined: 17 May 2007

PostPosted: Tue May 07, 2013 9:14 am    Post subject: Reply with quote

Sireno wrote:
Does the school need to pay me for my 3 days of work and 4 days of training?


Ah, the old training trick, huh? You're better off not working for the jerk, then.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sat May 11, 2013 9:34 am    Post subject: Reply with quote

Sireno wrote:
I went to immigration today and they told me my visa hasn't been canceled. They said when/if it is they will call and notify me. I was told I couldn't transfer it to a D4 student visa for language school since I need a release letter from my employer. I don't think they will give me one since they didn't seem happy with me not giving them a 45 day notice. They said I could leave Korea, cancel it, and come back though.

Does the school need to pay me for my 3 days of work and 4 days of training?

I will call the labor board people again tomorrow.



Since your school told you not to come back, they essentially terminated your employment on that date, so they can make no claim against you for quitting without proper notice. You were only negotiating over the 45 day requirement and hadn't actually stopped reporting to work.

The school must legally pay you for the 3 days of work at your contract rate.

For the 4 days of training, it depends on what your contract says. If these were contracted as paid training days, then they should pay you for them - either at the indicated training rate or at your regular rate, depending on your contract. If, however, your contract calls for unpaid training, then you may still be legally entitled to pay. If you were considered as employed during the training period, then you should be covered by the minimum wage law for that period and entitled to at least some pay for those days.
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