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So I gave my quitting notice and ...
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legume85



Joined: 22 Dec 2009

PostPosted: Wed Nov 20, 2013 5:39 am    Post subject: So I gave my quitting notice and ... Reply with quote

I wrote my boss a letter explaining why I'm leaving and followed the advance notice stipulations that are in my contract. My boss reacted by saying that I may have to leave sooner, depending on when they find a new teacher. I said that the contract states that I must stay during the XX day grace period and he said that he'll have to check with my recruiter. Now, I've read these boards and have heard about issues with giving resignation notices, however, I'm at a loss for what to do. My next payday isn't for a while and I'm afraid that the school is keeping me until the first signs of a replacement, before making up a reason to make me leave (and taking my paycheck, making my work up until that point "free"). The only reason I gave the notice was because I didn't want to be a jerk and thought that it might actually be honored. And, it very well might be. But the owner's lack of concrete answers and refusal to sign the resignation letter has me worried. Kicker is, I've been at the job for less than 3 months, so not sure if the 30-day minimum labor law would help me out if they try to get rid of me sooner. What are my rights? I haven't received any written complaints although I received criticism via a coworker instead of my actual boss.

I have an idea of what people will say but still I ask: any advice?
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tophatcat



Joined: 09 Aug 2006
Location: under the hat

PostPosted: Wed Nov 20, 2013 7:32 am    Post subject: Reply with quote

My guess is that your boss is going to hold on to your pay until he finds a replacement for you. Then he will probably place enough deductions against that pay to carve it down to zero (0.00). You are probably working for free now. You will most likely have no grounds to argue this or will not be in a position to argue this. Too, it would probably cost you more to collect your pay than it's worth. On the other hand, your boss might pay you in full and send you off with salutations and blows of kisses at the airport.
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beentheredonethat777



Joined: 27 Jul 2013
Location: AsiaHaven

PostPosted: Wed Nov 20, 2013 8:07 am    Post subject: Reply with quote

tophatcat wrote:
My guess is that your boss is going to hold on to your pay until he finds a replacement for you. Then he will probably place enough deductions against that pay to carve it down to zero (0.00). You are probably working for free now. You will most likely have no grounds to argue this or will not be in a position to argue this. Too, it would probably cost you more to collect your pay than it's worth. On the other hand, your boss might pay you in full and send you off with salutations and blows of kisses at the airport.

^^.
+1!

You are more than likely working for free at this point. OR he may pay you. I doubt it though. IN CONTRAST, I quit a job once and the boss threw a big party. He was too embarrassed to say I'd quit though. He called it a "contract completion party.
Huge cake, food. He also gave me an extra 1.5 million won! It was the craziest thing ever. Saving face is very important in this culture. Later, he told someone he didn't want me to think bad of him.
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ibeattheborg



Joined: 17 Dec 2010
Location: the deep blue sea

PostPosted: Wed Nov 20, 2013 8:24 am    Post subject: Re: So I gave my quitting notice and ... Reply with quote

legume85 wrote:
But the owner's lack of concrete answers and refusal to sign the resignation letter has me worried.


Resignation letter? Do you mean a letter of release? So that you can change jobs or get a D10 visa?
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legume85



Joined: 22 Dec 2009

PostPosted: Wed Nov 20, 2013 2:48 pm    Post subject: Reply with quote

Thanks for the advice. And I meant the official letter that I wrote stating that I would leave the school, not a letter of release. I didn't ask for one. Not yet, anyway.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Wed Nov 20, 2013 5:01 pm    Post subject: Reply with quote

legume85 wrote:
Thanks for the advice. And I meant the official letter that I wrote stating that I would leave the school, not a letter of release. I didn't ask for one. Not yet, anyway.


You need a letter of release to work at another school. You don't need anything if you are going to leave Korea.

Since you didn't work 6 months, the hagwon will probably want airfare reimbursed. This leaves you with less than half the salary you might be waiting for. He should have been putting money into pension, so that is something you can get. You can check with the pension office.

The real question is what you want to do next. Live in Korea or leave Korea?
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legume85



Joined: 22 Dec 2009

PostPosted: Wed Nov 20, 2013 5:14 pm    Post subject: Reply with quote

Well I do have to leave Korea after this job for a brief period of time. I would like the option to return after a few weeks or a month or so away, and I have thought about trying to get a D-10. But I've heard that even with a LOR, Immigration has a policy of banning people from procuring a D-10 or an E-2 if they leave a job before the 5th or 6th month mark, which I'll be doing. I have worked in Korea before and have successfully fulfilled my previous contracts, so perhaps Immigration might grant me a D-10 because of that. Granted, I've heard stories of people who have transferred jobs and who have gotten a D-10 without even getting a LOR, so I know Immigration's policy towards such matters is very inconsistent and depends on many different variables. With that said, I wasn't banking on staying in Korea since even with a LOR it won't be guaranteed.
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modernseoul



Joined: 11 Sep 2011
Location: Seoul

PostPosted: Wed Nov 20, 2013 5:54 pm    Post subject: Reply with quote

legume85 wrote:
Well I do have to leave Korea after this job for a brief period of time. I would like the option to return after a few weeks or a month or so away, and I have thought about trying to get a D-10. But I've heard that even with a LOR, Immigration has a policy of banning people from procuring a D-10 or an E-2 if they leave a job before the 5th or 6th month mark, which I'll be doing. I have worked in Korea before and have successfully fulfilled my previous contracts, so perhaps Immigration might grant me a D-10 because of that. Granted, I've heard stories of people who have transferred jobs and who have gotten a D-10 without even getting a LOR, so I know Immigration's policy towards such matters is very inconsistent and depends on many different variables. With that said, I wasn't banking on staying in Korea since even with a LOR it won't be guaranteed.


You haven't really stated why you need to leave this role, is it personal or an issue with your employer? If it's the latter you might have grounds for claiming money owed and maybe a LOR.
If it's personal then the LOR seems unlikely and you might not receive much in your final pay check. Sorry
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Juregen



Joined: 30 May 2006

PostPosted: Thu Nov 21, 2013 1:14 am    Post subject: Re: So I gave my quitting notice and ... Reply with quote

legume85 wrote:
I wrote my boss a letter explaining why I'm leaving and followed the advance notice stipulations that are in my contract. My boss reacted by saying that I may have to leave sooner, depending on when they find a new teacher. I said that the contract states that I must stay during the XX day grace period and he said that he'll have to check with my recruiter. Now, I've read these boards and have heard about issues with giving resignation notices, however, I'm at a loss for what to do. My next payday isn't for a while and I'm afraid that the school is keeping me until the first signs of a replacement, before making up a reason to make me leave (and taking my paycheck, making my work up until that point "free"). The only reason I gave the notice was because I didn't want to be a jerk and thought that it might actually be honored. And, it very well might be. But the owner's lack of concrete answers and refusal to sign the resignation letter has me worried. Kicker is, I've been at the job for less than 3 months, so not sure if the 30-day minimum labor law would help me out if they try to get rid of me sooner. What are my rights? I haven't received any written complaints although I received criticism via a coworker instead of my actual boss.

I have an idea of what people will say but still I ask: any advice?


If you consent to leave, what is the problem?
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Stan Rogers



Joined: 20 Aug 2010

PostPosted: Thu Nov 21, 2013 2:16 am    Post subject: Reply with quote

Did the school pay for your plane ticket to Korea? If they did, don't you think you should pay them back considering you want to break a 1 year contract after only working a few months?
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FriendlyDaegu



Joined: 26 Aug 2012

PostPosted: Thu Nov 21, 2013 4:43 am    Post subject: Re: So I gave my quitting notice and ... Reply with quote

legume85 wrote:
…I've been at the job for less than 3 months, so not sure if the 30-day minimum labor law would help me out if they try to get rid of me sooner. …


I understand there aren't any labor law protections against unfair dismissal until you pass the six month point, so I don't think the 30 days notice rule applies to you.

Why did you decide to go so soon?
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legume85



Joined: 22 Dec 2009

PostPosted: Thu Nov 21, 2013 6:19 am    Post subject: Reply with quote

Of course I'll pay them back for the plane ticket. I just want to be able to work for the next month for financial reasons and because I don't necessarily want to go leave right this second. But my contract states that if I want to break it, I must give notice so that's what I did. I'm not necessarily seeking a LOR because I don't plan to stay in Korea, although I might ask for one just to see what happens. If I can get one, I'd probably consider exploring those options, but that's not the current plan. I'm leaving so soon for personal reasons.
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ontheway



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

PostPosted: Thu Nov 21, 2013 7:08 am    Post subject: Reply with quote

legume85 wrote:
Of course I'll pay them back for the plane ticket. I just want to be able to work for the next month for financial reasons and because I don't necessarily want to go leave right this second. But my contract states that if I want to break it, I must give notice so that's what I did. I'm not necessarily seeking a LOR because I don't plan to stay in Korea, although I might ask for one just to see what happens. If I can get one, I'd probably consider exploring those options, but that's not the current plan. I'm leaving so soon for personal reasons.



It usually takes one to two months to find a replacement teacher. The school will probably want you to stay until they find a teacher, so if you want to stay one more month, you should have no problem. It may come to you wanting to leave before they have a replacement and they will twist your arm to stay longer.
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legume85



Joined: 22 Dec 2009

PostPosted: Fri Nov 22, 2013 2:40 pm    Post subject: Reply with quote

Thanks for the info ontheway. I've heard that they might want me gone by Dec 1, the start of the new term. My contract says that if any party breaks the agreement then 30 days minimum must be honored. It also says that the only thing that I would need to pay back is the airfare. Can the school make me leave sooner than that and deduct money for other things besides airfare, even if those are not a part of the contract? What's the point of having a contract if the school ignores it? I gave the notice because of the contract - if I knew it wasn't going to be honored, perhaps I would have acted differently.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Fri Nov 22, 2013 3:45 pm    Post subject: Reply with quote

Quote:
I just want to be able to work for the next month for financial reasons and because I don't necessarily want to go leave right this second.


What this means is that you shouldn't leave your situation until you have the funds. Suck it up, save your money and be ready to leave at any moment.

I would work and have 3 months salary in the bank without spending it as savings for rainy days. When we work we have a salary and a place to live. When you leave a job, all that stops and you have to pay for rent, transportation, and food which adds up without a monthly income.

Take responsibility and work past the 6 months. You won't/shouldn't have to pay back the airfare then. You will have money and you can leave after 30 days. If the school owes you money you can go to Labor Board.
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