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dodgy hogwan activity-getting out of contract

 
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ddseoul2003



Joined: 24 Nov 2003

PostPosted: Fri Nov 28, 2003 8:46 pm    Post subject: dodgy hogwan activity-getting out of contract Reply with quote

In need of advice:

I am 4 1/2 months into a contract. Boss has been manipulative and flatout lied regarding many issues here too numerous to list. Basically, I need to know what resources are available to me (i.e. no-fee legal advice in English, courses of action I may take). I have not reached 6 months yet and I know the rules change after the 6 month mark.

I have a vacation in early December. Upon returning, I am giving my 30 days notice, which will take me to exactly the 6 month period of the contract. Depending on how "the boss" reacts, I will either leave the country or stay on and do everything as legally as possible (this is still Korea, though). I don't want to lose money (time lapse between payday and end of pay period) and would like to leave the option of returning someday. As for now, I want out...out of the hogwan and out of Korea.

I appeal to the esl board. In your experience, if you complete half the contract is the boss entitled to demand the visa run money to be reimbursed? Does this absolve him of paying ANY airfare expenses, including the severance that is forfeited by leaving? Is it better to quit and cut my losses or try to do things legally (knowing full well that honesty is left to the whims of "the boss" and the (in)competence of Korean officialdom). Exactly what rights, if any, do we have here re: these issues? In my 6 month sojourn here I have come to the conclusion that foreigner rights don't amount to a hell of a lot.

Also, can you apply for the return of your pension money if you leave Korea without giving notice?

Your time and input is much appreciated.

Note: I have checked the EFL Law website, but it is confusing and there is just some general info....no telephone listing either.


Last edited by ddseoul2003 on Fri Nov 28, 2003 9:00 pm; edited 2 times in total
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Fri Nov 28, 2003 8:53 pm    Post subject: Reply with quote

Check out www.EFL-Law.com for some information. There is a message board there with legal advice and other legal issues.

I think you might be better asking your question to them.

I hope this helps out.

Cheers.
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ulsanchris



Joined: 19 Jun 2003
Location: take a wild guess

PostPosted: Fri Nov 28, 2003 9:45 pm    Post subject: Reply with quote

I would start keeping a log of all the abuses your boss has commited. In some contracts if you finish you contract you are obliged to pay back half of the airfare. Its sucks to have to pay back your airfare, but the it is the right thing to do. The boss pays out the airfare in the expectation that you will be there for the full year.
give your boss the 30 days notice. give it to him at night after work. That way if he starts to give you any hassles then you can go down the the labour board the next morning first thing and tell them what's up. They should keep him honest then. YOu want to time it so you can get to them before he does. Make sure that they know your side of the story first.
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phaedrus



Joined: 13 Nov 2003
Location: I'm comin' to get ya.

PostPosted: Fri Nov 28, 2003 10:23 pm    Post subject: Reply with quote

prairie boy is right. post this question on the koreabridge forums under EFL-Law

If you quit give your thirty days notice but assume he may not pay you your final pay- don't work too hard. It will be very difficult to get this money if he doesn't want to pay up. Try to get your ticket home though and have this fee deducted from your final pay. You shouldn't have to pay for your way over if you give proper notice of quitting.......unless your contract says otherwise.

As long as you give notice in writing, and then file the same paper in writing of thirty days notice with immigration and the labor board it should be smooth sailing and you will have no trouble returning to Korea in the future to work. Outline in the letters to immigration and labour board why you are quitting and how these issues violate your contract.
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