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info on contract law....just in case

 
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crazykiwi



Joined: 07 Jun 2003
Location: new zealand via daejeon

PostPosted: Wed Nov 03, 2004 10:17 pm    Post subject: info on contract law....just in case Reply with quote

Hey all. I have just been informed my school will be closing on dec31. my contract ends on the 5th of jan, but ill be leaving on the 3rd (sick days). just in case he wants to screw me (which i am certain he wont) can he get out of paying me my severence? Please could anyone tell me if this is possible or if someone has been in this situation. Pretty sure ill be sweet, but just in case, i would just like to know. Cheers for any future help.

crazy
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Nov 04, 2004 1:10 am    Post subject: Reply with quote

He should have to pay severance and I am pretty sure the labour board would back you up if there was any shady dealings.
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crazykiwi



Joined: 07 Jun 2003
Location: new zealand via daejeon

PostPosted: Thu Nov 04, 2004 3:26 am    Post subject: Reply with quote

cheers mate, i suppose all i really want is moral support and to have someone back me up in my little bit of doubt. once again, this is what i thought would be the case, its just nice to have someone else say it i guess. Smile
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the eye



Joined: 29 Jan 2004

PostPosted: Thu Nov 04, 2004 6:12 am    Post subject: Reply with quote

hi crazykiwi...

i'd hate to put some doubt back in your mind...but here goes.

if the boss is closing the business for financial reasons, then you may have something to worry about. he may try to keep what he can. you know him better than i do, though.

contract law requires you to work 12 full months to receive severence.
even though you are not the one who is breaking the deal, the law may be interpreted against you.

have a talk with the guy.
even if the law is on your side, you wouldn't want to have to hunt him down for it.

does your school have less than 4 teachers? a whole different set of rules apply in that case.

i hope everything works out for you.
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crazykiwi



Joined: 07 Jun 2003
Location: new zealand via daejeon

PostPosted: Thu Nov 04, 2004 6:44 am    Post subject: Reply with quote

hey eye,

well what are the rules for "4 teachers"? as lo and behold, we have 3 maybe 4 teachers? anyway, i really dont think my boss will do me over. they also own a very very successful kindergarten so cash flow is not a problem, but cash making i believe, is the prob. either way, i know where he lives, but shouldnt be a problem. ive heard of this 4 worker deal, are you able to eleborate? cheers
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the eye



Joined: 29 Jan 2004

PostPosted: Thu Nov 04, 2004 8:05 am    Post subject: Reply with quote

the only thing i know about the 4 teacher issue, is that the rules are more relaxed in favor of the hogwan. and some employment laws do not apply.

i have a 'friend' at the local LB... i'll call him tomorrow, and PM you with the lowdown
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Nov 04, 2004 2:17 pm    Post subject: Reply with quote

Cheer up
The Korean labour boards have started siding with teachers who are 11+ months into thier contracts and fired for 'questionable' reasons. Basically they say if you are there 11 months they have to give you your severance unless you are actually fired for legitimate reasons(breaking the law)

Like they said though you know the guy and things will probably work out okay. Unfortunately you wont know for sure until the shoe drops will you!
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