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shostahoosier
Joined: 14 Apr 2009
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 Posted: Tue May 31, 2011 10:18 pm Post subject: |
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| lifeinkorea wrote: |
| Traveler2011 wrote: |
| Does it really matter what happened? That is really not the question here. |
If an employer fired a teacher at the 10 month mark or 11th, you would be raising the red flag. When the employee does it, keep silent? Maybe if you are the teacher, but you and I aren't in this case. The OP is. So, what's the story? Just as I would ask the employer, I ask the employee. |
The difference is that the employer tends to gain by firing the employee in the 10-11th month (no severance, no flight home, no bonus).
An employee, not so much as leaving early is a major inconvenience. Not only do they lose the benefits mentioned earlier, but they also have to worry about getting their last paycheck.
The OP could be going leaving early because they found a job, got accepted to graduate school, have a family emergency, etc.
Even if it were something bad (not sure what you would call a "red-flag" reason for someone leaving that would put them at fault), that still wouldnt give the employer the right to ignore the contract. |
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Loza
Joined: 28 May 2006
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| Posted: Tue May 31, 2011 10:37 pm Post subject: |
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For anyone who was interested, my school will honor my contract. So I don't have to pay back my settlement allowance. And yes I'm going to graduate school.
It's certainly unfortunate to leave early both for my school (3weeks before vacation starts)and for me as I'll miss out on my bonus and airfare (always completed contracts previously).
BTW-I was surprised to learn my co- worker and I must visit immigration the day after my last day ends. I was hoping just to hand over my ARC card as I left Incheon. |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Wed Jun 01, 2011 3:19 am Post subject: |
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Let me first say to all that's reading, I am not personally against the OP's decision to leave early. I don't think it is neither good nor bad. Each person has to decide when "their time" is up. If you looked at my resume, you would see 6 month stints. I have lost out on pay and airfare as a result, as so I should.
One thing I do though is I leave schools under good or "agreed to" terms. I don't just get up and leave (never done a midnight runner), and I don't stop contacting the school. I believe in working with the school until the end (the end for me is not a fixed point in time outlined in some contract 12 months after starting work), and this means sometimes you can't use the contract as the enforcer.
You all have signed your current contract with the understanding you would put in a full year, and that is what is still expected of you as it pertains to your contract. When you make any changes, all terms INDIVIDUALLY need to be re-evaluated. Morally speaking, I think they should also be mutually talked about at least before new ACTIONS are put in place.
| Quote: |
| The difference is that the employer tends to gain by firing the employee in the 10-11th month (no severance, no flight home, no bonus). |
And the employee also gains in this case, outside the apparent possibilities where they would stay and finish the contract.
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| The OP could be going leaving early because they found a job, got accepted to graduate school, have a family emergency, etc. |
I put school options and family emergencies in two different categories. It's great a person got a better job or has the opportunity to study (which in turn furthers their career), but that was no part of the intended plan both parties agreed to when they signed a 1 year contract.
Also, if the teacher said, "I will be studying after 10 months and would still like the settlement allowance even though I will not finish 12 months", and the school was ok with that, then I would have a very different opinion on this. This is the crosshairs of the issue.
| Quote: |
| that still wouldnt give the employer the right to ignore the contract |
Actually, it's the opposite. If everything is being paid (and serviced/rendered) according to the contract, both parties are more likely to ignore the contract. It's when someone plays a wild card, we turn to the contract.
Justice seems to smear the component parts between parties, both sides not getting exactly what they originally agreed to. Attorneys will simply settle for half. I am somewhere in between where I don't fully side with judge or plaintiff/defendant, but I definitely think both clients should get more than what their attorney is willing to walk out on.
In this case, since we know the details more, justice to me would be 10/12 (5/6) of the settlement allowance. The teacher was there 10 months, they should lose 2 months worth for the 2 months they aren't going to work during since it was not a result of the school firing them or not paying them.
This is not to say they should go to the school tomorrow and say, "I read a post on ESL Cafe and think you only owe me 5/6". They should simply keep this figure in mind so that when they deal with other pay issues like bills and transportation fare they can even out the total. If the school forgets to pay the same amount as the difference (1/6) somewhere along the line, it can then be used as credit.
So, as an example the 5/6 of 300 is 250. The school then should be "theoretically" given a 50,000 won credit. Maybe one of the bills will come to 90, or transportation might be 100,000 for a month. In that case just ask for 50,000. There are many ways to apply the credit and balance things out. |
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Illysook
Joined: 30 Jun 2008
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| Posted: Wed Jun 01, 2011 7:25 am Post subject: |
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It's true. NO ONE SHOULD BOTHER WITH GEPIK ANYMORE!
My GEPIK high school is completely dragging it's feet on my severance and that deposit of 900,000 Won and now I'm in Turkey working on the CELTA course that I haven't even finished paying for. If I don't get my money by Friday, they could drop me from the course. I don't think that they will, but they could.
I can sort of understand about the severance. Legally, they may have some time, but the deposit thing really irks me. My coteacher dragged me around and made sure that my phone was completely turned off, 2 months worth of apartment bills were paid, and I don't even remember what else. All I remember was that I was feeling really poor by the time it was over. I am PO'd beyond belief! |
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