Korean Job Discussion Forums

[Mike K]

I was just wondering what legal ramifications (if any) there are for breaking a contract without giving notice AFTER you've stayed out your six months.
I'm about to finish my six months and I want to leave to go work somewhere else. According to my contract I am allowed to quit if I give 20 days notice. The problem is my hogwan is run by unscrupulous crooks who would rip me off if they knew I was going to leave - it's bad enough they're going to steal my deposit, I don't want a long legal battle to get my money, so I'm going to quit on payday.
I've talked to the other teachers, and they agreed this was the best thing to do. My question is, if they find out, after having paid me, that I'm leaving - is there anything they can do? I don't owe them any money, but I will have violated my contractual obligation to give notice. I ask because I'd rather quit openly than just run - so that I can say goodbye to the kids, the Korean teachers, etc instead of just disappearing.
Any help would be greatly appreciated.

[the eye]

if you want to remain working in korea, you will be screwed if you make a midnight run. you need to get a release in order to get a new teaching visa.
your contract says that you need to give 20 days notice, so do that once your next pay is in hand.
fulfill your contractual obligations.

if he doesn't pay you for those 20 days, make a claim with the labor board. if he's been cheating you up to now, make a claim tomorrow.

the only ramifications of running on your contract are:
-not being able to get a new visa until your old one expires
-risk being put on the hagwan association's blacklist
-lowering the bar on the collective integrity of those of us who remain here

why do you want to leave?

[jajdude]

[Homer]

I think the eye read the post perfectly jajdude.

The OP should wait until pay day and then give his 20 day notice. He has contractual obligations to this school and as far as we know they have honored their obligations. Thats the right thing to do indeed.

[Metsuke]

[Grotto]

I would give my notice on payday and tell them that they have to pay me in cash everyday that I come in. If they dont pay you at the beginning of each day then dont work for them. You can even sit down with them on payday and explain the reasons you are leaving.

This way they get their notice and you get your pay. No contract violations on either part.

If you tell them this chances are they will fire you on the spot and then you can go to the labour board and get your months severance

Win win situation

[Captain Corea]

Personally I might try to prepare in other ways as well.

If I had money socked away I might move my stuff out to a yogwon. And make sure that I was prepared to sever all ties with the school when needed.

If these guys are crooks, make sure to protect yourself with becoming one yourself.

[Mike K]

Thanks everyone for the responses - here's my situation.
My employers have not fulfilled their contractual obligations - they have paid me late (which directly violates my contract) and forced me to work classes in excess of my contract.
Also, I've kept in touch with the teachers I replaced, and none of them have gotten their "security deposit" back - even though they all completed their year and they were supposed to get it 4 months ago. When I bring it up with the boss she tells me she's going to send it tomorrow (this has happened 3 times) or she just sent it, and then tells me it's none of my business.
This is why I don't trust them to pay me if I give notice.
As for the idea of insisting on being paid week to week - I considered that, but the problem is I don't want to stay in this country after I quit - I want to fly to China which means I have to have a definite departure date so I can book a plane ticket. Knowing my boss, I'm 99% certain she'd fire me if I gave them an ultimatum anyway, and I don't want to get into a drawn-out legal battle for my money - particularly since I plan on leaving this godforsaken peninsula never to return.
The thing I want to make sure of is that they can't somehow force me to stay, or stop me at the border, or charge me with breach of contract for not giving notice, or fine me somehow as I leave the country. I'm not worried about getting another visa, my only concern is with making a safe escape with all my money.
Will I be ok saying goodbye to my kids - or do I have to do it in the middle of the night?

[the eye]

if there are any former foreign teachers from your school still in the area, see if they are willing to make their claims regarding the lost deposit.
that will scare the woman into keeping honest with you.

as for working overtime..how can they force you unless you submit?

[PolyChronic Time Girl]

Sorry..had to edit my post having read again your situation. As long as you don't plan on returning to Korea for awhile, then I would at least give them a 20-day notice. Only because I heard now that bosses can take legal action against you outside the country. I'm sure it's rare though. Check out EFL-LAW.com. He gives pretty good advice about breaking contracts. If you do a run, or quit the same day, then you could have a 5-year ban on you from returning to Korea...but not a problem if you want to return. But many teachers, even after swearing off Korea forever, do often come back just because the money is so rehabilitating. Just give notice, and ask for a month extension to stay in Korea with immigration if by chance you need to take the bloodsuckers to the labor-board to get your final month's pay.
Good luck and hope it works out.

[Grotto]

If you are not planning on returning take the money and run
By your post your boss has proven herself to be a liar and a thief. Any notice you give would just be putting money in her pocket.

If you do want to cover your butt go to the labour board and file a breach of contract against her. Forced overtime and violation of contract by late payment. Then she has no legal standing in which to come back at you. You could also file a complaint about the deposit as that is also illegal.

[Saunagukin]

Sometimes just the threat of legal action is enough...sometimes. BUT...you have to be willing to follow through with it. Check out EFL-Law.com