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Breaking contract early repercussions?

 
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fieldreams



Joined: 19 Mar 2008

PostPosted: Fri Mar 21, 2008 8:54 pm    Post subject: Breaking contract early repercussions? Reply with quote

A person i know who has an F4 visa quit theiir job in less than a month. The person just emailed the hagwon that he/she was resigning without the 30 day notice to find another teacher stipulated in the contract. The person did not get any pay from them, nor does he/she want to.

The reason the person quit his/her hakwon was because it wasn't working out for him/her. Next, he/she gets a threatening letter from the hakwon saying that he/she will not be able to exit korea, will not be able to work in korea, and will report the matter to immigration,MOE,etc.

I told him/her that the hakwon is bluffing and can't do anything to you since you have an F4 visa. Just would like to get information and clarification on this matter? Thanks.
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Otherside



Joined: 06 Sep 2007

PostPosted: Fri Mar 21, 2008 9:29 pm    Post subject: Reply with quote

It certainly isn't a matter for immigration as the F4 visa status is unrelated to the school. But, the school could possibly sue for damages (breach of contract etc.). The fact that your 'friend' hasn't been paid and is not seeking to be paid would most likely not make this worthwhile.

How long was your friend there? Did the school pay any upfront expenses (airfare etc)? If not and said teacher has been there 3 or so weeks, it wouldn't really be in the hagwon's interest to demand the 30 days notice. 3 weeks for free vs. 7 weeks where they have to pay - its a no brainer.
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fieldreams



Joined: 19 Mar 2008

PostPosted: Fri Mar 21, 2008 9:37 pm    Post subject: Reply with quote

Friends been working there for 12 days since the start of the new school semester. He/she did not get any airfare, key money, officetel, etc..
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Fri Mar 21, 2008 9:41 pm    Post subject: Reply with quote

Otherside wrote:
It certainly isn't a matter for immigration as the F4 visa status is unrelated to the school. But, the school could possibly sue for damages (breach of contract etc.). The fact that your 'friend' hasn't been paid and is not seeking to be paid would most likely not make this worthwhile.

How long was your friend there? Did the school pay any upfront expenses (airfare etc)? If not and said teacher has been there 3 or so weeks, it wouldn't really be in the hagwon's interest to demand the 30 days notice. 3 weeks for free vs. 7 weeks where they have to pay - its a no brainer.


The school won't "sue." it costs about 5 million just to hire a lawyer to sue. The teacher SHOULD file with labor for the backpay.

OP- Post job related topics in the job discussion forum. You'll get slightly more intelligent answers.
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fieldreams



Joined: 19 Mar 2008

PostPosted: Fri Mar 21, 2008 9:48 pm    Post subject: Reply with quote

He/she doesn't want the money that is owed to him/her. Thanks. Will do.
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Mr. Pink



Joined: 21 Oct 2003
Location: China

PostPosted: Sat Mar 22, 2008 1:28 am    Post subject: Reply with quote

Nothing they can do...

It is pretty stupid that you have to give more notice than the amount you worked at a place.

Also, doesn't Korean law state that before a certain time you can quit/be fired with no notice? Basically it is a trial period...
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