| View previous topic :: View next topic |
| Author |
Message |
OBwannabe
Joined: 16 Feb 2008
|
 Posted: Sun Jul 20, 2014 10:28 am Post subject: Quit during 2nd contract. Anything owed? |
 |
|
I'm having a terrible time finding a job in Seoul. I live in a medium-sized city now and miss the Seoul life so much. I really want to get out of here.
What I'm thinking of doing is re-signing for another year at my current job, but continue to look for jobs in Seoul. Once I've found one, that will allow me to give my present employer enough notice, will I owe my academy anything? Will they owe me? Aside from severance that is.
My contract states that they provide a flight back to my country. If I quit a few months into my next contract are they still obligated to provide that ticket(since technically I am breaking a contract). Do I owe the employer anything? If you break the first year contract you sometimes have to reimburse for the cost of the flight to Korea and possibly the recruiter fee.
I know these may seem like dumb questions, but I just want to make sure I cross all the T's and dot all the I's. |
|
| Back to top |
|
 |
PRagic
Joined: 24 Feb 2006
|
| Posted: Sun Jul 20, 2014 11:21 pm Post subject: |
|
|
It'll depend on your boss, but as you'll be breaking a contract don't expect them to be too accomodating. In fact, you'll need a letter of release to make that jump even if you do find a position in Seoul, and they might not even want to give you THAT.
Finish your contract, switch to a D-10, and look for work in Seoul. Have your paper work ready. |
|
| Back to top |
|
|
Troglodyte
Joined: 06 Dec 2009
|
| Posted: Mon Jul 21, 2014 2:22 am Post subject: |
|
|
You won't owe them anything. And before Onetheway arrives to tell you that you might owe them something, here's the last 'discussion' we had on that topic.
http://forums.eslcafe.com/korea/viewtopic.php?t=233485
Whether they owe you the flight or not is a bit uncertain. It will depend a bit on how it's worded in your contract but you should probably receive it after the first contract ends or at least negotiate a cash payment. I recommend looking for the cheapest flight to your home country and then ask the boss for 90% of the cost instead of an actual flight. From there you might negotiate down to 80%. Otherwise just try to convince him that you're eventually going to go back home for a visit so if you can't get the money then you'll make your visit at the end of the current contract and use the flight from the contract, BUT if you could get the cash then you could make the visit at a later date.
If you can do a visa transfer (like you can at the end of a contract) then it should be hard to find a job either in Seoul or somewhere in one of the satellite cities along the metro lines. You'll have to be available for in-person interviews, and you generally won't find jobs for more than a month in advance (often 2 weeks in advance). When does your current job finish?
I would also agree that getting a D10 visa is probably your best bet if you can't find something before your current job finishes. Alternatively, you could ask your boss about simply extending your current contract (and E2) by a month or two. It's a simple procedure. |
|
| Back to top |
|
|
ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
|
| Posted: Mon Jul 21, 2014 8:10 am Post subject: Re: Quit during 2nd contract. Anything owed? |
|
|
| OBwannabe wrote: |
I'm having a terrible time finding a job in Seoul. I live in a medium-sized city now and miss the Seoul life so much. I really want to get out of here.
What I'm thinking of doing is re-signing for another year at my current job, but continue to look for jobs in Seoul. Once I've found one, that will allow me to give my present employer enough notice, will I owe my academy anything? Will they owe me? Aside from severance that is.
My contract states that they provide a flight back to my country. If I quit a few months into my next contract are they still obligated to provide that ticket(since technically I am breaking a contract). Do I owe the employer anything? If you break the first year contract you sometimes have to reimburse for the cost of the flight to Korea and possibly the recruiter fee.
I know these may seem like dumb questions, but I just want to make sure I cross all the T's and dot all the I's. |
1) Re-signing with intent to resign is risky at best. You will need a letter of release, as mentioned above, to do your transfer. It might be better to discuss this with your boss in advance and include some options in your renewal contract before you re-sign.
2) Since you are finishing your current contract, you are entitled to your airfare for doing so. However, depending on the wording, you may lose that airfare if you don't leave Korea or they may want to hold the airfare until completion of your renewal contract and you could lose it for quitting to make the transfer. (What does your current contract state regarding airfare?) (The labor office will not help you with airfare as trog has admitted. You can win in court for payment of amounts earned, but if you have to go to court you've already lost.)
You need to discuss airfare and deal with it in your renewal contract.
In most contracts, your airfare is like a bonus paid for completing 6 months; you get 2 tickets your first year. A good renewal contract at a good school will include additional amounts instead of airfare every six months for as long as you continue at the same school.
3) If you are satisfied enough with your job and on good enough terms to renew your contract, then you should discuss your plans and desires with your boss. You need to write up a good renewal contract yourself. You should discuss terms in advance. You should ask for:
* a raise of 100,000 won or so per month
* a guarantee of payment of your airfare from your current contract on your last day of the current contract
* a cash payment instead of airfare in your renewal contract, equal to two one way tickets, half at 6 months and half at the end of the second year
* Although legally required anyway, your renewal contract should mention that your severance will be paid for the current contract and prorated for your future months when you finish the contract or if you leave early.
* Most importantly in your case: Your renewal contract should mention that you have discussed the possibility of leaving early and that you will guarantee to give your employer time to replace you and that you will help train your replacement (up to two months) and that your employer will pay all amounts due under the contract earned through your last day of employment and give you a letter of release. |
|
| Back to top |
|
|
OBwannabe
Joined: 16 Feb 2008
|
| Posted: Mon Jul 21, 2014 9:57 am Post subject: Re: Quit during 2nd contract. Anything owed? |
|
|
| ontheway wrote: |
* Although legally required anyway, your renewal contract should mention that your severance will be paid for the current contract and prorated for your future months when you finish the contract or if you leave early.
|
I was wondering about this. So it is true that if you extend your contract they owe you a prorated amount for the extra months that you have worked? I remember when you wouldn't get paid additional severace beyond your first year if you were just extending. You had to complete another year to recieve it. |
|
| Back to top |
|
|
OBwannabe
Joined: 16 Feb 2008
|
| Posted: Mon Jul 21, 2014 9:57 am Post subject: |
|
|
BTW
Thanks for the great responses. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
