Korean Job Discussion Forums

[houndf]

I need some advice regarding my situation. I'm currently 9 months through an 18 month contract. The long-short is my boss is just very unprofessional and doesn't give the teacher's any ounce of respect. I'm planning to prepare my legal documents and start the job search.

I'm planning to contact the ministry of labor but I'd value your experiences. My question is regarding a few things:

In my contract there are some contradictions. In one clause regarding transportation it says that if the teacher leaves school before completing the contract that the teacher must refund the flight. In a later clause it states that if the teacher quits before completing 6 months they have to reimburse the flight. So I'm assuming that, per contract, I'd have to pay back the flight.

It also states that in case of resignation I have to give a 60 day notice and that "the teacher will not receive the last month's salary for any inconvenience being caused." Is that even legal?

I want to be as professional about this but I cannot be sure if I can count on them to be as well. If I had to pay back the flight and work an entire month without salary, if I did a run would that create any issues on getting things for the public school?

Thanks in advance

[pmwhittier]

Take some time and search these forums. You'll find that nearly every clause that seems odd in employment contracts is illegal. So yes, them financially penalizing you for leaving your job before the completion of your contract is illegal. Can you enforce it? No. So they keep 2 or 3 million won from you. It'll take months (if not years) to fight them in the Korupt Korean Legalz system and then you run the risk of losing your case because you're not a Korean. In addition to this, the amount of money required to fight it (legal fees, lawyers, etc) is well north of the 2 or 3 mil you missed out on.

I'm not even going to go into 'why do you have an 18 month contract?'. That should have been your first clue that something was off about this gig. But you live and learn. And then you pull a runner. The very same day as you're paid, get out of that situation.

There are smarter people than me that can fill you in on specifics and quote the labor law, but I don't have the time to do your homework.

And finally,

[houndf]

pmwhittier, thanks for the answer. I have found some information, though some of it dates back 10+ years and I am not sure if or how that might have changed.

The last bit, I meant, say if I ran to another country, after taking my last paycheck, would that somehow affect me getting a job at a public school?

[houndf]

I contacted MOEL and they stated that the clause was illegal and that I should consult with my employer and change the contract. Does anyone know how that would affect my severance? As in, would I be signing a new contract or what is this transition considered?

[pmwhittier]

[ttompatz]