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Am I fired or have I quit?

 
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Drew345



Joined: 24 May 2005

PostPosted: Tue Apr 08, 2014 1:23 am    Post subject: Am I fired or have I quit? Reply with quote

I have a contract valid until end of June. Basically, there are conditions of the job that I disagree with strongly. But I am a professional, so I offered to finish the contract, if some conditions were changes. The management told me they won’t change those conditions that I want changed. I don’t want to call out the condition because it might be identifiable. There is no airfare or deposit involved and it was a short contract with no pension.
Some part of me can accept being fired, but I wouldn’t want to quit. So, if conditions don’t change, and I refuse to enter the classroom… then what? I would expect them to fire me, but what if they don’t and say “you just quit by not going in the classroom”.
I guess it is a fine point and in the end it doesn’t matter, whether I quit or get fired. Or does it matter? At what point officially do you become quit or fired? In the contract, there is no provision for the employee quitting. The school can fire with 30 day notice. The contract can also be nullified by mutual agreement.
Is there any difference in the eyes of immigration for future employment if you quit or get fired?
If I refuse to enter the classroom because of a condition, does that mean I just quit, or can I wait and hope to be fired?
Is there a way most beneficial to me (if I want to work in Korea later) to end this position?
Thanks
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le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Tue Apr 08, 2014 1:54 am    Post subject: Reply with quote

What ever actions you decide to take from now on, Id suggest that you consider what your next move is going to be (ie whether or not you intend to stay in Korea and if so, do you have access to a work reference).

Is there any difference in the eyes of immigration for future employment if you quit or get fired?

If you get a LOR, I would say immigration dont care one way or the other. Recruiters will ask questions though.

Just think about yourself and whats best for you, that may mean biting the bullet though.

good luck
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Sector7G



Joined: 24 May 2008

PostPosted: Tue Apr 08, 2014 5:47 am    Post subject: Re: Am I fired or have I quit? Reply with quote

Drew345 wrote:
There is no airfare or deposit involved and it was a short contract with no pension.

Thanks
Hard to answer without knowing more about this part of your post. What kind of visa are you working on?
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Drew345



Joined: 24 May 2005

PostPosted: Tue Apr 08, 2014 1:20 pm    Post subject: Reply with quote

It's a 6 month E-9 visa. No airfare was in the contract, not long enough for pension yet.

I don't think I need this reference for future employment, and future employment will be in another area anyway.

Both of our final offers are unacceptable to the other side. But I won't quit (principles), and they won't fire me (short staffed). We're giving things a little time to cool down presently.

In the eyes of me getting future employment (on other fields), would there be any difference if I quit or got fired? Is there one I should be pursuing more than the other?
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almosthome



Joined: 16 Nov 2012

PostPosted: Tue Apr 08, 2014 1:30 pm    Post subject: Reply with quote

I can't answer the question about what it would be considered. However, many job applications these days ask if you have EVER been fired or resigned to avoid being fired. In the eyes of employers, it is better to resign first than to do something termination-worthy (like go to work but refuse to work) then resign. You can always come up with some benign excuse for leaving early.
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littlelisa



Joined: 12 Jun 2007
Location: Seoul

PostPosted: Wed Apr 09, 2014 1:01 am    Post subject: Reply with quote

Are the conditions of the job something in the contract? If so, why didn't you object when you signed it?

Also, as long as you give at least a month's notice (or two, if specified in the contract), why would you feel scruples about quitting?
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Drew345



Joined: 24 May 2005

PostPosted: Wed Apr 09, 2014 1:26 am    Post subject: Reply with quote

There's nothing in the contract about the employee being able to end the contract with any length notice, it would just be an on the spot thing.
After reading almosthomes response, I am starting to think that quitting IS better than being fired. Thanks for that viewpoint.
It is just really a working environment issue and extreme hours, nothing in the contract. But together it's affecting my health.
I've told them what it would take for me to finish the contract, and they said absolutely not possible, soooo.
Thanks for listening.
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Fox



Joined: 04 Mar 2009

PostPosted: Wed Apr 09, 2014 1:43 am    Post subject: Reply with quote

Drew345 wrote:
and they won't fire me (short staffed).


If they won't fire you due to being short staffed, and them declaring that you quit is the same as having fired you with regards to staff reduction, why would they declare that you quit?
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Drew345



Joined: 24 May 2005

PostPosted: Wed Apr 09, 2014 2:08 am    Post subject: Reply with quote

In America if you get fired, you can get unemployment insurance and the company has to pay half. But if you quit, you don't get that. I know there is no unemployment insurance in Korea (glad there isn't, I disagree with it entirely), but I was thinking maybe there is some reason that a school would prefer that a teacher quit than fire them.
It's really strange. They're saying their really close to firing me, and I'm saying I'm really close to quitting, but nobody is pulling the trigger. Very stressful.
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Fox



Joined: 04 Mar 2009

PostPosted: Wed Apr 09, 2014 2:20 am    Post subject: Reply with quote

I see what you mean.

Drew345 wrote:
I know there is no unemployment insurance in Korea


I'm given to understand that there is, actually, although it works a bit differently, with employees paying into it directly each month. It's just that foreigners generally don't get it because we generally don't pay into it. Maybe that's wrong, but it's what my wife says is the case.
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matthews_world



Joined: 15 Feb 2003

PostPosted: Thu Apr 10, 2014 5:42 pm    Post subject: Reply with quote

With contractual work, especially in Korea, teachers should have their ducks in a row before any sort of change of employment occurs.

Do you have your docs and can transition to a new job easily?


Last edited by matthews_world on Wed Apr 16, 2014 8:41 pm; edited 1 time in total
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Lucas



Joined: 11 Sep 2012

PostPosted: Thu Apr 10, 2014 5:50 pm    Post subject: Reply with quote

Quote:
In America if you get fired, you can get unemployment insurance and the company has to pay half. But if you quit, you don't get that. I know there is no unemployment insurance in Korea


There IS unemployment insurance in Korea, but waygooks cannot get it....

My K friend gets it at the moment.

He worked for the same company for 5 years, and then they let him go.

He gets roughly half of his old wage - for up to 6 months. He has to 'prove' that he's actively looking for work to get it.
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Feebie



Joined: 16 Nov 2013

PostPosted: Fri Apr 11, 2014 4:52 pm    Post subject: Reply with quote

My understanding is that foreigners can pay into the insurance scheme but unless you are on a visa that allows you to stay without a job, (in other words married to a K national), then it's pointless.

Now the E2 is given for 15 moths over 12 then maybe that is possible now.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Tue Apr 15, 2014 9:47 pm    Post subject: Reply with quote

Wouldn't you be able to get a D10 being fired versus quit? Say the employer was being unscrupulous or something like that?
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Jongno2bucheon



Joined: 11 Mar 2014

PostPosted: Tue Apr 15, 2014 11:48 pm    Post subject: Reply with quote

In Korea, no one leaves a job without lining something else up first.

Line something up first before quitting.
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