Korean Job Discussion Forums

[bibimbapus]

@ontheway: shouldn't the completed cases be public record? if so, why would confidentiality prohibit you from providing references to us of the relevant case(s)?

there's another wrinkle in this discussion, that's been overlooked: we are talking about how the law will treat a "fixed term contract", NOT an "at will contract". While most koreans are working under "at will contracts" (either party can terminate, subject to built-in statutory limitations), the statutory protections seem to say that any provision requiring more than 30 days notice would be invalid.

However, as far as I'm aware (don't take this as legal advice, just trying to advance the conversation based on my research), it is NOT clear how that protection applies to foreigners under "fixed term contracts". I was told by someone that this particular issue would be determined on a case-by-case basis. So, based on my research, from a legal standpoint, it seems a bit unclear.

Has anyone pursued this research further? Curious to hear.

[koreatimes]

[bibimbapus]

[Wildbore]

I agree with the above poster.

Especially if an employer starts playing games with your final months pay or any severances owed, you stand a better chance in court if you have honored the contract (giving notice).

[Utopian]

[northway]

So, my buddy finally called the labor board: the guy on the other end essentially laughed at him when he asked, and said "of course" you only have to give that days notice. According to the guy he spoke to, a contract cannot demand more notice than is required by labor law, which is apparently thirty days. Thus, going by what the powers that be say, my initial belief was correct: thirty days notice is the standard, and they can't demand any more than that, regardless of what the contract says.

[ontheway]

[ttompatz]

And again, I say (backed by Korean courts) that law trumps the contract and the law says in writing that it trumps any and all labor contracts and that an employee cannot be held liable for non performance of a contract

AND

to back it up (yes, put my money where my mouth is) since I cannot find, in ANY judicial district in Korea, ANY case of an employee even being sued for non performance of duty (never mind losing the case) - (yes, there have been cases of employees losing civil actions for negligence, fraud and criminal activity) ...

I state now, publicly, that I will pay ANY judgement awarded by a Korean court of competent jurisdiction to an employer against an employee (E2 teacher) for non performance of a contract because the employee quit without giving notice.

.

[jrwhite82]

[chachee99]

I agree with ttompatz. I am going through a battle now with the laborboard and the company who terminated my contract without notice after being there for 6 months. They believed that if their contract states then it overrides the law. The labourboard officer notified them of this over the phone, however, the company still believes they are in the right because their contract says different.


I am not sure how it works the other way, but the rule is that the law cannot be changed or bent because of contract negotiations. The same rule applies for contracts who have omotted items such as pension and severance. Just because it isn't stated in the contract doesn't mean you are not entitled to them.

The problem is that a dispute can take a couple months to settle. plus, everything must be done in Korean, not English. My advice to any worker in Korea who believes they are treated unfairly should make a claim against the organization at least three months before the contract expires. Especially if they plan on leaving Korea.


Also, forget about this "non perfermance of duty" BS. The employer needs to provide an obscene about of evidence against you inorder for this clause to stick. The employee would have to do something really bad, such as breaking a federal law or caught working at another institutioon without authorization.


On a personal note, I would have given the school 30 days notice, with a take it or leave it approach, just to be nice I also would not worry too much about their threats to immigration. Immigration don't have time to listen and investigate these kinds of quarrels.

[ontheway]

[english puppet]

I won't go into all of the details as I don't think it's relative to this thread but I've got my reasons.....

I'm considering leaving a public school job after I hit the 6 month mark in late February. Ideally, I'd like to give them 30 days notice in late January so when I leave after the 6 month mark I avoid being pursued by Kimi for not paying back the "entrance/flight" money. My worry is that they will not pay me for the last February check and will not refund a 500,000 Won deposit they took out of my check on the apt..

I'd even be willing to stay later while they got a replacement in. FWIW, I don't care at this point if I ever work in a Korean public school again....

Just wondering that the real financial risks are.

[tophatcat]

[TheUrbanMyth]

[chachee99]

why would any court put a contract over the law? Makes no sense. All contracts should be written within the federal laws. Let's say the contract states something is illegal then it goes to court, do you really think the plea of I know it's illegal but the employee agreed to it" will hold any grounds in a court of law? In short, invidiuals cannot make up their own laws and expect the legal system to defend them.