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GEPIK/f-2-1 question.

 
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real merry hijackers



Joined: 21 Oct 2008

PostPosted: Tue Oct 28, 2008 10:19 pm    Post subject: GEPIK/f-2-1 question. Reply with quote

i am an f-2-1 visa holder(recent) renewing a contract with gepik and had a few questions about the contract, since it's occasionally worded directly towards e-2 holders.

1."2. If Employee should decide to resign during the Term of Employment, he/she must give Employer
a sixty (60) day prior written notice of resignation stating a date of and a reason for resignation."
What is the legal amount of notice required to quit a job in Korea? If I agree to 60, must I abide by it? Is there any legal difference regarding resignation for f-2 vs e-2 (besides the visa sponsorship)?

2. "3. In all cases of Employee�s resignation without fulfilling the full year term, the airfare for his/her return trip shall be borne by Employee, and his/her E2 visa shall be cancelled." I won't be doing a visa run, and don't have an e-2, so will there be any consequences from this section?

3. "Article 17 (Security Deposit)
1.Employee shall be responsible for and protect Employer from any liability or damages arising from or in relation to any negligent, faulty, or illegal activity during the Term of Employment under this contract. Therefore, Employee shall agree in written form to provide 300,000 Korean won per month to school administration office either on or by 26th of every month for the first 3 months of employment until it amounts to a total of 900,000 Korean won....."
Paid this last contract. If I were to quit early, would there be any way(legally) for this money to be withheld, other than damage to the apartment?

Not trying to be a jerk with the school, just trying for a little clarity; rights, rules, and regulations, etc.
Any good f-2 info links would be appreciated.

Appreciatively,
rmh
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Otherside



Joined: 06 Sep 2007

PostPosted: Tue Oct 28, 2008 11:19 pm    Post subject: Reply with quote

1. The legal amount is 30 days, however if you agree to more you should(must) abide by it (both parties). That being said, there will probably be few consequences if you don't, EXCEPT you will forfeit your housing "deposit"

2. You have recently renewed, so you will be taking the 2 weeks renewal leave and round-trip ticket. If so, you'll be liable for the flight to Korea (i.e. half the round trip, as the other half should be part of the first contract). If you aren't taking advantage of the round-trip ticket and 2 weeks home leave...you should.

3. This money is basically "runner" insurance. So if you quit and DONT give the 60 days notice, you may (will) be liable to lose part of all of this deposit.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Oct 28, 2008 11:32 pm    Post subject: Reply with quote

1) If you are quitting there is NO legal requirement to give notice.
(they are required to give you 30 days notice to fire you (with a few notable exceptions)).

That being said, if you contractually agree to 60 days then you are committed to 60 days.

2) there are no consequences since there is nothing that you were reimbursed for.

3) If you give proper notice and do NOT trash the apartment (or leave bills in the school's name) or other outstanding liabilities (assault a student or damage school property) then they have no legal standing to keep it when you leave. Liability as your sponsor does not exist so no worry.

.
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real merry hijackers



Joined: 21 Oct 2008

PostPosted: Wed Oct 29, 2008 2:44 am    Post subject: Reply with quote

one more thing.....
the contract says no working 2nd job, etc without permission from principal....or something like that....don't have my contract here. i know i can teach elsewhere legally (within reason) with f2, but if it's in the contract when i sign would i be bowing out of legal work?
thanks.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Wed Oct 29, 2008 2:52 am    Post subject: Reply with quote

real merry hijackers wrote:
one more thing.....
the contract says no working 2nd job, etc without permission from principal....or something like that....don't have my contract here. i know i can teach elsewhere legally (within reason) with f2, but if it's in the contract when i sign would i be bowing out of legal work?
thanks.


If you agree in a contract not to work a 2nd job, you are bound by that. Just tell them to delete that clause.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Oct 29, 2008 5:50 am    Post subject: Reply with quote

kprrok wrote:
real merry hijackers wrote:
one more thing.....
the contract says no working 2nd job, etc without permission from principal....or something like that....don't have my contract here. i know i can teach elsewhere legally (within reason) with f2, but if it's in the contract when i sign would i be bowing out of legal work?
thanks.


If you agree in a contract not to work a 2nd job, you are bound by that. Just tell them to delete that clause.


You must also be aware that it is illegal for a civil servant (including public school teachers) to legally hold a 2nd job.

Can you do it = yes.
Can you get fired over it also = yes and not just for a visa violation (as in the case of an E2).
Would you get fired over it = ghod only knows but it is NOT an immigration issue and the worst that would happen is getting fired.

.
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