| View previous topic :: View next topic |
| Author |
Message |
Porksta
Joined: 05 May 2011
|
 Posted: Tue Aug 27, 2013 4:23 pm Post subject: Ending Contract and Flight Home |
 |
|
| I had told my work that I was going to be resigning. Now that I have looked at my new contract it appears I won't be. September is my 12th month. Now, the school likes to have three months notice of resignation so I imagine that I will just keep working through September and just extend for another two months. Since I am resigning, would I still get my flight home? My 12 month and two month bonus severance? I will have completed my initial 12 month contract, but I just wanted some clarity. |
|
| Back to top |
|
 |
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Tue Aug 27, 2013 5:26 pm Post subject: |
|
|
| Quote: |
| Now that I have looked at my new contract |
Did you sign it? Even if you did sign it and that contract period hasn't started it is possible to rescind the contract. I went from single entry visa with school 1 to multiple entry visa with school 2. I decided to not work with school 2, and immigration kept the multiple entry visa and simply put a another stamp for change of workplace as if I went from school 1 to school 3.
| Quote: |
| Now, the school likes to have three months notice of resignation |
Is this in your current contract you signed? If not, you can tell them whatever is based on your CURRENT contract. Your use of the word "new" is vague.
For clarification on my side, you can leave after 1 month if your current contract doesn't state 2 or more months. There has been some talk in the past about schools not being able to enforce this, but I don't know the actual circumstances.
If your current contract states 1 month I would call labor board and ask. As for collecting severance more than 1 year, of course. If your current contract is 12 months and you complete it you are entitled to 1 year severance and 1/12 of your "new" salary amount for each completed month.
The question is are you willing to stick around to fight it? |
|
| Back to top |
|
|
Porksta
Joined: 05 May 2011
|
| Posted: Tue Aug 27, 2013 6:12 pm Post subject: |
|
|
| I have not signed the new contract. In my current contract (which ends September 9) the school asks for three months notice on whether I will renew or not. Of course, I didn't see the new contract until yesterday so I had told them three months ago that I was renewing. |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Tue Aug 27, 2013 6:20 pm Post subject: |
|
|
| Porksta wrote: |
| I have not signed the new contract. In my current contract (which ends September 9) the school asks for three months notice on whether I will renew or not. Of course, I didn't see the new contract until yesterday so I had told them three months ago that I was renewing. |
If you haven't signed the new contract, then you are communicating to them in a nonverbal way that you will finish the current contract period and leave. You should plan as such, no 3 month notice would be needed here.
They can't force you to work 14 months with a 12 month contract. They are simply threatening you. You only have about 13 days, so they can't fire you without good cause and it wouldn't look good on them to fire you this late in the game. Basically, they let things slide and either assumed you would stay or they didn't get the paperwork processed to have legal grounds.
Normally, they should have gotten a new contract signed and have your passport (or maybe not if you just need to go with them) right now so immigration could process the necessary extension along with your ARC card. Since none of this is going on and you have signed nothing for September 10 or later it is very clear to me you owe them nothing after the 9th unless you are still in "their" apartment.
1. Check with pension office that contributions have been made.
2. Get a place to move to so you can put up a reasonably easy win fight through labor board.
I see nothing on their side besides airfare which might be hard to get. So, try to get that first. See if you can get reimbursed. Book a flight you can reschedule later by canceling and then ask the school to reimburse you. Tell them they can give you that instead of severance, then when you move out and go to labor board collect on severance with any outstanding monthly pay. If the pension office doesn't have the money, then you will need to tell them you are leaving. |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Tue Aug 27, 2013 6:52 pm Post subject: |
|
|
This just shows how schools don't care about the teacher. It is no problem for them to kick the teacher out the last day they teach when they have a replacement teacher and the teacher hasn't found a new school yet. However, when the teacher is ready to leave at the end of the contract period, the school expects that teacher to stay when they don't have a replacement.
Giving a new contract to a teacher and not getting it back signed is a clear sign that teacher has declined the offer to work past the first contract period. |
|
| Back to top |
|
|
Porksta
Joined: 05 May 2011
|
| Posted: Tue Aug 27, 2013 7:30 pm Post subject: |
|
|
| The thing is that I am not looking to leave Korea yet. I am planning to use the three months to job hunt while I am still employed. I just want to make sure that if I find no job, I will still have a flight home. |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Tue Aug 27, 2013 8:10 pm Post subject: |
|
|
| Porksta wrote: |
| The thing is that I am not looking to leave Korea yet. I am planning to use the three months to job hunt while I am still employed. I just want to make sure that if I find no job, I will still have a flight home. |
Then take a step back and walk through this. Pretend you will work 2 years. What should happen?
a. Fly in, either on their dime or they reimburse you.
b. At the end of the year, you get a flight home. Sometimes people just ask for an airfare amount. We will get back to this later.
c. You fly back in, just like a.
The issue with a and c is that it is conditional with good schools to keep the airfare if you complete 6 months. If you don't, then you have to pay back either a for your first year (before the 6 month mark) or c for your second year (before 1.5 year mark).
Now that you are saying you want to stay in Korea and work, the situation has changed. You need to get something added to your visa status so you can stay 3 months. We'll get back to that later.
Back to airfare, look at b again. If you are entitled to airfare home after 12 months, then guess what? You are entitled to airfare home after 12 months. YOU DO NOT HAVE TO WAIT TO GET AIRFARE LATER. It is owed very soon because you will finish your first contract period.
So, they owe pension and airfare. They do not owe severance but it doesn't hurt to ask. If severance rolls over, then you are owed more severance (in your case, you get more if you wait, but I personally just get the year to make sure I have the bulk of the money).
If you get pension and airfare then you don't need to worry about it. Severance is the issue. You can wait for your last pay and leave, but your severance will still be hanging. That's the sticky point, not the airfare.
Your severance is about twice as much as your airfare. You need to make a deal with the school to give you severance, which is why I suggest asking for it now so you can just leave when you find your next dream job.
To summarize:
WHAT YOU ARE WILLING TO DO
Sign a new contract for 3 months.
WHAT THEY ARE WILLING TO DO
1) Make sure pension has been paid
2) Next, ask for severance and airfare. Explain to them if they give severance now and airfare it will be less because they won't have to pay for it during the next 3 months (about 525,000 won) and airfare (ask for what might be lower than the cost of a flight now and see if they accept).
If they are unwilling to give you airfare, then refuse to work after the current contract period is complete. You will be owed airfare and severance then. You can move out and take it up with labor board.
It could be bad because since there are only 13 days left it will be either something they will have to pay up on or they will refuse and do anything they can to not cooperate. You only know the relationship you have with the school.
If you can work with them, then work with them. If you can't, then don't give in. Leave like I stated before and get a place. You can work elsewhere until you find another job.
I'd say they owe 1,000,000 for airfare, 2,100,000 for severance (or more probably), and your last pay 2,100,000 (or more) = 5,000,000+
Add 3 months and you are easily over 10,000,000. However, the first 5,000,000 is the most important. |
|
| Back to top |
|
|
Porksta
Joined: 05 May 2011
|
| Posted: Tue Aug 27, 2013 8:30 pm Post subject: |
|
|
I don't think you fully understand what I am asking. Here are the facts.
My current 12 month contract ends September 9, 2013. We are required to provide three months notice if we are re-signing or not. I told them I was.
Yesterday I am shown the contract and have decided that I will not be re-signing, and plan to give them notice. I imagine I would have to sign a small extension in order to keep working during those three months.
My question is this - if I sign the small extension, do I lose my airfare home? Is it just considered additional time on my current 12 month contract or is it a brand new short term contract? |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Tue Aug 27, 2013 8:49 pm Post subject: |
|
|
| Quote: |
| We are required to provide three months notice if we are re-signing or not. I told them I was. |
Change that to "I told them I would work until the last day I live." It doesn't mean anything unless you sign a contract. The absence of signing a contract means you are leaving. The 3 month notice is something you talk about and then sign a new contract. About 1 month before your contract period is finished for the first year, the school will process paperwork to get your second year.
None of that happened. If they wanted to act on your verbal offer to re-sign, then they should have asked for your signature and signed the contract, giving you a copy. That is how you finalize things. Absence of a signed contract = NO CONTRACT AGREEMENT.
Immigration will not process a second year without a signed contract.
| Quote: |
| Yesterday I am shown the contract and have decided that I will not be re-signing |
That's your choice. The 3 months thing is to address you continuing. if you don't want to continue and you haven't signed the contract then it isn't official. Apologize for the change of plans but contractually your current contract doesn't force you to work a second contract period. They need to find a new teacher.
| Quote: |
| if I sign the small extension, do I lose my airfare home? |
As stated, scroll up, I said to get the airfare first before signing anything. Look at the bold parts and suggestions under them. DO NOT WAIT TO GET AIRFARE.
| Quote: |
| Is it just considered additional time on my current 12 month contract or is it a brand new short term contract? |
I would never accept it as an amendment to your current contract. It would have to be a 3 month contract in theory. |
|
| Back to top |
|
|
TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
|
| Posted: Tue Aug 27, 2013 11:30 pm Post subject: |
|
|
| Porksta wrote: |
I don't think you fully understand what I am asking. Here are the facts.
My current 12 month contract ends September 9, 2013. We are required to provide three months notice if we are re-signing or not. I told them I was.
Yesterday I am shown the contract and have decided that I will not be re-signing, and plan to give them notice. I imagine I would have to sign a small extension in order to keep working during those three months.
My question is this - if I sign the small extension, do I lose my airfare home? Is it just considered additional time on my current 12 month contract or is it a brand new short term contract? |
The contract isn't going to be a big concern for Immigration. What really matters to them is the date on your ARC. That trumps all for Immigration.
Either you extend THAT or you HAVE to leave the country by the date specified. Since most ARC tend to be for 13 months...it's not possible to give them another 3 months UNLESS you go down to Immigration and get the extension.
Legally you could just work until contract's end and then leave. You don't have to work those extra 3 months. Immigration law trumps contract. |
|
| Back to top |
|
|
Porksta
Joined: 05 May 2011
|
| Posted: Tue Aug 27, 2013 11:37 pm Post subject: |
|
|
| I'm not concerned about immigration, I am concerned about what I have stated in every post - my flight home. |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Tue Aug 27, 2013 11:42 pm Post subject: |
|
|
| Porksta wrote: |
| I'm not concerned about immigration, I am concerned about what I have stated in every post - my flight home. |
Ok, I will make it simple. Choose A or B:
A) Demand airfare now when you are contractually owed it. They can put up a fight and you can try to collect on it (now or later).
B) Don't demand airfare and:
1. if they were never going to give you airfare, then you will find this out in 3 months (you wouldn't get it then either).
2. if they are going to give you airfare, then you will get it 3 months later.
Why you want to wait 3 months to collect or fight this is beyond me (in 3 months they won't need you, now they need you). You are owed airfare essentially now. What you do from this point is your decision. No one on here can make the final judgment but you. Good luck. |
|
| Back to top |
|
|
Porksta
Joined: 05 May 2011
|
| Posted: Tue Aug 27, 2013 11:56 pm Post subject: |
|
|
| Okay, so even after three months I am owed airfare. That's all I was asking, thanks. |
|
| Back to top |
|
|
YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
|
| Posted: Wed Aug 28, 2013 12:06 am Post subject: |
|
|
| Porksta wrote: |
| Okay, so even after three months I am owed airfare. That's all I was asking, thanks. |
I don't know about that, what does your contract say? Saying you are owed severance or pension is different than saying you are owed airfare. Some things don't need to be put in the contract. Airfare agreements do.
What does your airfare clause state specifically? Does it say you are owed airfare after completing one year? |
|
| Back to top |
|
|
Porksta
Joined: 05 May 2011
|
| Posted: Wed Aug 28, 2013 12:23 am Post subject: |
|
|
| Yes, after one year I am owed airfare. This is where my original question came into play. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
