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legally required to give notice if I quit?

 
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mr. positive



Joined: 02 Jan 2008
Location: a happy place

PostPosted: Wed Jun 11, 2008 9:20 pm    Post subject: legally required to give notice if I quit? Reply with quote

I am an F-2 visa holder and I am either going to quit my job or be fired soon (see my other thread http://forums.eslcafe.com/korea/viewtopic.php?t=125524 and please post if you can help. I have one question for this thread:

1) Am I required by law to give notice if I quit my job? i.e. can they do anything to me legally if I don't show up for work the day after I receive my June paycheck?

Thanks in advance for any replies.
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Ramen



Joined: 15 Apr 2008

PostPosted: Wed Jun 11, 2008 9:36 pm    Post subject: Reply with quote

You can be sued by anyone, at any time, and for any reason.

You can quit any time you like. Don't worry be happy with your new job.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 11, 2008 9:49 pm    Post subject: Re: legally required to give notice if I quit? Reply with quote

mr. positive wrote:
I am an F-2 visa holder and I am either going to quit my job or be fired soon (see my other thread http://forums.eslcafe.com/korea/viewtopic.php?t=125524 and please post if you can help. I have one question for this thread:

1) Am I required by law to give notice if I quit my job? i.e. can they do anything to me legally if I don't show up for work the day after I receive my June paycheck?

Thanks in advance for any replies.


If you're gonna try to pick a fight (stupid idea based on your other thread) you better use the current version of the KLSA.
http://english.molab.go.kr/data/LaborStandardsAct.pdf

Under article 7 they cannot force you to work. You are free to quit at any time - the day after payday is best.

.
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mr. positive



Joined: 02 Jan 2008
Location: a happy place

PostPosted: Wed Jun 11, 2008 9:58 pm    Post subject: Reply with quote

Thanks for the updated link. Just curious what you mean by "pick a fight". I will do my job faithfully and with due diligence as long as I work there and won't do anything to intentionally escalate the situation. Can you elaborate? (I'm serious, not trying to provoke you or anything)

I have also spoken with Mr. Bong-Soo Jung and he said that a low number of students is not a justifiable reason for termination. Just his opinion, but curious what you think about that, too.
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thematrixiam



Joined: 31 Oct 2007

PostPosted: Wed Jun 11, 2008 11:48 pm    Post subject: Reply with quote

You have an F-2... you can do what you want.

You should be making twice as much as regular E-2 holders and less hours.
Find a recuiter to get you jobs. and quit any ones that give you shit. You can have a new job the next day. My buddy does this all the time. There are LOADS of jobs out there for you.

i recommend buying a scooter and not signing contracts. don't do the year stuff. just do the once a week jobs etc. they tend to pay more. then you get more variety. and you can tell them you want so much more because you have to pay to drive there. You can also choose to bill by head or the hour.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Thu Jun 12, 2008 4:47 am    Post subject: Reply with quote

thematrixiam wrote:
You have an F-2... you can do what you want.

Within the confines of contracts signed. If the contract says you must give notice, then you must give notice.
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Ramen



Joined: 15 Apr 2008

PostPosted: Thu Jun 12, 2008 4:59 am    Post subject: Reply with quote

Young FRANKenstein wrote:
thematrixiam wrote:
You have an F-2... you can do what you want.

Within the confines of contracts signed. If the contract says you must give notice, then you must give notice.


In Korea, you know that school contracts are just pieces of paper with some scribble on them, right? Razz
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Thu Jun 12, 2008 7:29 am    Post subject: Reply with quote

Ramen wrote:
Young FRANKenstein wrote:
thematrixiam wrote:
You have an F-2... you can do what you want.

Within the confines of contracts signed. If the contract says you must give notice, then you must give notice.


In Korea, you know that school contracts are just pieces of paper with some scribble on them, right? Razz

Really? Every time I've been forced to go to labor, pension or the courts to fight for what was in my contract, it was always upheld. The people who continue to think contracts in Korean are meaningless, and refuse to fight for what is theirs, are the ones who lose out in the end and perpetuate the screwings of future foreigners because the boss got away with it without a fight.
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Tathen



Joined: 10 Sep 2007

PostPosted: Thu Jun 12, 2008 10:19 am    Post subject: Reply with quote

From my knowledge....

Labor law says you cannot be forced to work, this is true. As far as that is concerned you can quit anytime.

However, civil law means you are liable for damages caused to the business if you leave without 30days notice.

Note: This is not first hand research done by me. This is information passed on to me by my Korean family, by someone who is a professor of law.

If you want to quit with 30days given, I suggest going to a lawyers office (tons of little ones around) and have them draft up an official letter informing your employer of you giving them 30days notice. The letter will have to be signed for by your boss(assuming that's who you send it to) when it is delivered to him, thus giving proof that you have officially given notice incase they try to mess with you later.

Costs around 20,000 - 40,000 won. A decent price in my opinion considering the value. Now I know most people here would simply say leave and don't look back, but personally I prefer to handle things the 100% legit way. I also have an F-2 like yourself, so remember you have family to consider. I don't play around or take any risks when it comes to my financial affairs.

Just my thoughts,

~Tathen

P.S. The little law offices offer free sit-downs and legal advice as a form of "service". Send your wife over and have her explain the situation, you may get some more important pieces of info to consider.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Thu Jun 12, 2008 5:54 pm    Post subject: Reply with quote

Tathen wrote:
If you want to quit with 30days given, I suggest going to a lawyers office (tons of little ones around) and have them draft up an official letter informing your employer of you giving them 30days notice. The letter will have to be signed for by your boss(assuming that's who you send it to) when it is delivered to him, thus giving proof that you have officially given notice incase they try to mess with you later.

Costs around 20,000 - 40,000 won. A decent price in my opinion considering the value.

Why would anyone pay to have a letter of resgination written when you could write it yourself for free? Just have the boss sign your own resignation letter if you want proof he got it.
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Tathen



Joined: 10 Sep 2007

PostPosted: Thu Jun 12, 2008 10:31 pm    Post subject: Reply with quote

Obviously to put a level of fear and surprise into him. You never know how they'll try to mess with your last paycheck. Knowing you have access to a lawyer will help prevent them from making inaccurate deductions from your final pay, or messing with the leaving date.

~Tathen
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driftingfocus



Joined: 08 Feb 2007
Location: Boston, MA

PostPosted: Thu Jun 12, 2008 10:33 pm    Post subject: Reply with quote

Tathen wrote:
Obviously to put a level of fear and surprise into him. You never know how they'll try to mess with your last paycheck. Knowing you have access to a lawyer will help prevent them from making inaccurate deductions from your final pay, or messing with the leaving date.

~Tathen


Good point!
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Jun 13, 2008 3:36 am    Post subject: Reply with quote

Tathen wrote:
Knowing you have access to a lawyer will help prevent them from making inaccurate deductions from your final pay, or messing with the leaving date.

Everyone has access to people who can provide this resignation letter "service". 법무사s are everywhere.
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Tathen



Joined: 10 Sep 2007

PostPosted: Fri Jun 13, 2008 5:21 am    Post subject: Reply with quote

Young FRANKenstein wrote:
Everyone has access to people who can provide this resignation letter "service". 법무사s are everywhere.


Yes, and thus it's a good idea to use them.

You know as well as I do that hagwon owners do the things they do to foreigners because they feel they can get away with it(due to our ignorance when it comes to Korean law, or our apparent inability to defend ourselves). A lawyer showing them you have an idea of what you're doing will likely make them use some caution. So, hopefully they won't try to get away with stealing from you if they feel they need to be cautious.

~Tathen
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