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Quit after 6 months to avoid flight reimbursment-D10 visa

 
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OBwannabe



Joined: 16 Feb 2008

PostPosted: Tue Dec 10, 2013 8:34 am    Post subject: Quit after 6 months to avoid flight reimbursment-D10 visa Reply with quote

I really want to get out of my job, but I'm only 3 months in and if I quit now I will owe for my one way ticket to Korea.
Contractually, I'm obligated to give 30 days notice before leaving the position. So what I'm wondering is....if I give my 30 days notice at my 5 month mark, would one normally have to pay back the flight, being that the last day worked would be at, or just after, the 6 month mark?
The contract states that if 6 months have not been completed, then the employee owes for the one- way ticket.

What do you all think?
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Dec 10, 2013 10:34 am    Post subject: Reply with quote

If you work to the six-month mark, then you have worked six months and will not be responsible for repayment. The real issues, though, are:

  1. Will your boss keep you on after you give notice?
  2. Will your boss actually pay you what you are owed if
    1. the boss keeps you on until the six-month mark?
    2. the boss cans you immediately after you give notice?

  3. Will the boss accuse you of "damaging" the school and try to get more money from you?


Regardless of what your contract says about your requirement of giving notice, the law trumps that. You are not obligated to give notice. You can up and walk at any time.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Dec 10, 2013 2:54 pm    Post subject: Reply with quote

ASSUMING you are on an E2....

Just leave and try a new country.

IF you give notice you probably will not be paid for your final month without a labor board fight.

If you quit / get fired / terminate and don't get a LOR you won't get a D10 or be allowed to transfer to a new job till your current contract expires.

.
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OBwannabe



Joined: 16 Feb 2008

PostPosted: Tue Dec 10, 2013 8:04 pm    Post subject: Reply with quote

ttompatz wrote:
ASSUMING you are on an E2....

Just leave and try a new country.

IF you give notice you probably will not be paid for your final month without a labor board fight.

If you quit / get fired / terminate and don't get a LOR you won't get a D10 or be allowed to transfer to a new job till your current contract expires.

.


I hate my job, but they are a big chain and seem to be above board when it comes to paying on time and in full, etc...

What I was hoping for was to ask for a LOR after working there for 5 months and finish out my last 30 days. That would take me to the 6 month mark and wouldn't have to pay back the flight and would hopefully have a LOR in hand.

Of course the director can decided to be a douche and not give the LOR.

Things have really swung into the court of the hagwon owners. There's so little incentive to be a good and reliable boss these days. "Don't like your job, fine....get out of the country. I own your butt!"
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Lucas



Joined: 11 Sep 2012

PostPosted: Tue Dec 10, 2013 8:24 pm    Post subject: Reply with quote

Quote:
I hate my job,


Why?
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Dec 11, 2013 12:19 am    Post subject: Reply with quote

OBwannabe wrote:
I hate my job, but they are a big chain and seem to be above board when it comes to paying on time and in full, etc...


This is a common newbie mistake in Korea. You are not hired by the chain HQ. The size of the chain is meaningless. Your boss runs the business independently. What it means to belong to a chain for the boss is that the boss gets to display the chain name, can purchase the chain's products and textbooks, and can send employees to seminars/training conducted by the chain HQ. It does not mean the chain HQ has any control over your boss's dealings with you.

Quote:
What I was hoping for was to ask for a LOR after working there for 5 months and finish out my last 30 days. That would take me to the 6 month mark and wouldn't have to pay back the flight and would hopefully have a LOR in hand.

Of course the director can decided to be a douche and not give the LOR.

Things have really swung into the court of the hagwon owners. There's so little incentive to be a good and reliable boss these days. "Don't like your job, fine....get out of the country. I own your butt!"


Yep. And it's not "these days". It's been that way for years.
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Porksta



Joined: 05 May 2011

PostPosted: Wed Dec 11, 2013 12:37 am    Post subject: Reply with quote

CentralCali wrote:
OBwannabe wrote:
I hate my job, but they are a big chain and seem to be above board when it comes to paying on time and in full, etc...


This is a common newbie mistake in Korea. You are not hired by the chain HQ. The size of the chain is meaningless. Your boss runs the business independently. What it means to belong to a chain for the boss is that the boss gets to display the chain name, can purchase the chain's products and textbooks, and can send employees to seminars/training conducted by the chain HQ. It does not mean the chain HQ has any control over your boss's dealings with you.

Quote:
What I was hoping for was to ask for a LOR after working there for 5 months and finish out my last 30 days. That would take me to the 6 month mark and wouldn't have to pay back the flight and would hopefully have a LOR in hand.

Of course the director can decided to be a douche and not give the LOR.

Things have really swung into the court of the hagwon owners. There's so little incentive to be a good and reliable boss these days. "Don't like your job, fine....get out of the country. I own your butt!"


Yep. And it's not "these days". It's been that way for years.


Although that depends on if it is a franchise or HQ campus.
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OBwannabe



Joined: 16 Feb 2008

PostPosted: Wed Dec 11, 2013 10:45 am    Post subject: Reply with quote

Lucas wrote:
Quote:
I hate my job,


Why?


Way over managed. The boss must be on some sort of short leash. Instead of going with what works best and allowing the teachers and students to get into an efficient and productive routine, he changes things up in big ways every week or so. Just ridiculous administrative stuff. I fell like my job is 30% teaching, 40% marking, 30% admin crap. Whereas I think it should be 70% teaching and then 30%, whatever. Hard to explain.
But everyday is stressful and the boss threatens us with having to work weekends if we don't live up to his expectations....even though new crap is always thrown at us(usually at the last minute) and we often don't know what we are supposed to be doing, as he makes changes to the curriculum and other things on almost a weekly basis. Plus there's loads of desk warming, but it really shouldn't be called desk warming as we are pretty much busy every minute of the day, even when we don't have classes.
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OBwannabe



Joined: 16 Feb 2008

PostPosted: Wed Dec 11, 2013 11:00 am    Post subject: Reply with quote

CentralCali wrote:
OBwannabe wrote:
I hate my job, but they are a big chain and seem to be above board when it comes to paying on time and in full, etc...


This is a common newbie mistake in Korea. You are not hired by the chain HQ. The size of the chain is meaningless. Your boss runs the business independently. What it means to belong to a chain for the boss is that the boss gets to display the chain name, can purchase the chain's products and textbooks, and can send employees to seminars/training conducted by the chain HQ. It does not mean the chain HQ has any control over your boss's dealings with you.

Quote:
What I was hoping for was to ask for a LOR after working there for 5 months and finish out my last 30 days. That would take me to the 6 month mark and wouldn't have to pay back the flight and would hopefully have a LOR in hand.

Of course the director can decided to be a douche and not give the LOR.

Things have really swung into the court of the hagwon owners. There's so little incentive to be a good and reliable boss these days. "Don't like your job, fine....get out of the country. I own your butt!"


I guess this old veteran is falling for newbie mistake then. Been here About 5 years or more, off and on.

From what I remember, and correct me if I'm wrong, you could quit your job back in the day, leave the country and apply for a new job(of course the paperwork was easier back in 2005). You didn't have to wait out the length of you current visa.

As for my employer. I'm just saying that he would likely pay me for days worked even if I gave 30 days notice. I could be wrong, and it wouldn't be a deal breaker if I knew he wouldn't, I'm just concerned about he LOR. Without that, it's not worth quitting. I'm not about to head to another country for the next 6+ months. Just not in the cards for me.

Plus, there are certain expectations for a franchise. The boss can't just do whatever he wants. That's like saying that someone who owns a Mcdonalds franchise can start selling burgers from whichever supplier they want, no matter how seedy. There are certain standards that must be maintained.

My last job was also with a major company, but the owner for my particular hagwon still had to answer to the big wigs when it came to certain aspects of the business. He was a great boss and upfront about these things. God I miss that job!

Yep. And it's not "these days". It's been that way for years.
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Dec 11, 2013 3:32 pm    Post subject: Reply with quote

Once again: Franchises in Korea are not franchises in America. They are completely different animals. This is especially true when it comes to hagweons. The boss really can do whatever he wants with no control from the franchiser. He can list what he wants, he can use what he wants, he can advertise what and how he wants. What he cannot do is get "logo" supplies (chain textbooks, chain supplies, chain etc.) from the franchiser without being affiliated. The worst of it is when the boss (local franchisee) refuses to pay you, the HQ (franchiser) can do absolutely nothing about it other than refusing to renew their contract with the franchisee and only then if they care enough about how the boss treated you.

Your boss very well may live up to his end of the bargain if you give notice and politely ask for a letter of release. Then again, he very well may not. There's really only one way to find out. I wouldn't bet on the money, though. The "short leash" your boss is on is called a cash flow. He's freaking out because the number of students (income) doesn't match whatever expenses he's inflicted upon his business.

I've Korean friends who've had wonderful bosses turn into jerks when said Koreans gave notice and then those friends have to fight in the labor board and courts to get money owed them. Do you really think a foreigner giving notice so soon is going to get better treatment?
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ghostrider



Joined: 27 Jun 2011

PostPosted: Wed Dec 11, 2013 8:28 pm    Post subject: Reply with quote

I'd advise waiting an extra month. I had a friend in a similar situation. The boss told her that her last day of work would be two days before the six month mark. One million won was deducted from her final pay for the recruiter fee.

It might be a good idea to have another job lined up before giving notice. You could probably negotiate a LOR for a certain amount of money.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat Dec 14, 2013 6:20 am    Post subject: Reply with quote

OBwannabe wrote:
Lucas wrote:
Quote:
I hate my job,


Why?


Way over managed. The boss must be on some sort of short leash. Instead of going with what works best and allowing the teachers and students to get into an efficient and productive routine, he changes things up in big ways every week or so. Just ridiculous administrative stuff. I fell like my job is 30% teaching, 40% marking, 30% admin crap. Whereas I think it should be 70% teaching and then 30%, whatever. Hard to explain.
But everyday is stressful and the boss threatens us with having to work weekends if we don't live up to his expectations....even though new crap is always thrown at us(usually at the last minute) and we often don't know what we are supposed to be doing, as he makes changes to the curriculum and other things on almost a weekly basis. Plus there's loads of desk warming, but it really shouldn't be called desk warming as we are pretty much busy every minute of the day, even when we don't have classes.


And yet you still think that he'll be nice enough to give a LOR?
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