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fieldreams
Joined: 19 Mar 2008
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 Posted: Fri Mar 21, 2008 9:58 pm Post subject: Breaking contract early repercussions? |
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A person i know who has an F4 visa quit their job in less than a month. Worked for 12 days, since the start of the new school semester.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. Did not receive any upfront payments/expenses-key money,airfare,officetel,etc..
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. Could possibly sue for breach of contract, but not likely. Just would like to get information and clarification on this matter? Thanks. |
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Mi Yum mi
Joined: 28 Jan 2008
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| Posted: Fri Mar 21, 2008 11:31 pm Post subject: |
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They have nothing. If the keep that person's pay then they are the ones at fault. Breach of contract...good luck suing someone for that here.
Did your "friend" have a contract? Contracts are pretty much useless with F-holders. If they didn't have a contract...they have nothing.
They should pay your friend for the time he/she worked there. He/she gave 30 days notice according to law. Tell them to take a flying fuk. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Mar 21, 2008 11:34 pm Post subject: |
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He hakwon is bluffing unless they paid for airfare over, in which case they can withhold the pay to cover it.
The visa (F4) is not tied to the employer so the employee is free to leave at a moments notice, find a new job and continue life.
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fieldreams
Joined: 19 Mar 2008
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| Posted: Fri Mar 21, 2008 11:52 pm Post subject: |
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Yes, my friend did sign a contract. Don't know all the details but in the contract it says that employee has to give 30 day notice if quiting/resigning. He/she doesn't want any payment from them for the 12 days work. Just wants to move on without the BS "you'll still have to work until we find a replacement."
So he/she emailed the hakwon and tendered his/her resignation effective that same day. |
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