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dmbfan
Joined: 09 Mar 2006
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 Posted: Sat Feb 14, 2009 12:24 am Post subject: Questions regarding schools under the GEPIK umbrella. |
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1. Some contracts are stating while the teacher has to give 60 days notice to leave the school, the school only has to give 15 days to the teacher?
Is this legal? Does it depend on the length of employment?
2. If a school or representative of the school provides confirmation, in writing (by email........yet, with the address and dates provided), to reimburse airfare, is it binding?
I'm curious about this because, I did have a meeting with my principle with a translater and I discussed, point by point the concerns that I had and what has been going on.
Coincidentally, he claims he did not know about the true nature of the situation (which is possible considering the mental midget I have for a co-teacher) and was unaware of the flight reimbursement problem.
I asked what we could do to work this out and he suggested to just give me a letter of release, with my last day (though, I never mentioned saying anything about me submiting a resignation notice), being the end of February.....(not being fired, but mutual agreement of sort).
Now.........this was Tuesday. I requested to have what he said, in writing. We shook on it and all seemed well.
Yesterday, I found out that they wanted me to submit a resignation notice (by the GEPIK format......kissing ass) yet, my last day would be the end of this month. I mentioned that if I were to submit a resignation notice I would state the real reasons why (focusing on the air ticket fiasco, with a copy of the email promising me I would receive it, stapled to the back) and provide my two months notice......as per the contract.
By the end of the day, I STILL had not received anything from them in writing (last day notice, letter of release guaranteement, etc............we spoke about this and I was told it would be done).
So, I'm kind of confused as to what I should do. Actually, if they just moved from the ESL Monkey Cookie Cutter, Mickey Mouse Barn into teaching 3rd and 4th graders, it would be awsome (we have a 6th grade foreign teacher, but that is all he does) because I did that the last two weeks and it went...GREAT.
But, they won't do that....I know it.
So, should just say "phuck it" and not wait for their notice and just give my 60 days notice and get a little more money before I leave?
Or, should I wait until they give me proper notice....BUT.....make sure it coincides with the contract, stating "15 days" notice? They could give me the notice on Wednesday, stating the last day of February is my last.......but it is not 15 days.
Any thoughts?
Honestly, I am quite bitter about this. It tried to let it go and just move on. But, I don't want them to get away with any more then they have, without putting up some sort of fight.
Should I just put in my 60 days notice and see what happens? Can they orverride that by saying "No, we are giving YOU notice".
Or, should just wait and see what happens.
dmbfan |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Sat Feb 14, 2009 2:38 am Post subject: |
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It's been my experience, from listening to others, that MOST public schools will "bark" but won't "bite." In other words, they'll say ONE THING but will eventually follow the contract. Public schools FEAR labor boards and civil courts. Guess it's because of their public assets.  |
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dmbfan
Joined: 09 Mar 2006
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| Posted: Sat Feb 14, 2009 2:47 am Post subject: |
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True.
So.....what should I do?
I have a hard time trusting any Korean, especially ones that I know that have already swindled me.
dmbfan |
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ChinaBoy
Joined: 17 Feb 2007
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| Posted: Sat Feb 14, 2009 4:28 am Post subject: |
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| What are you talking about? |
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dmbfan
Joined: 09 Mar 2006
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| Posted: Sat Feb 14, 2009 4:31 am Post subject: |
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| Quote: |
| What are you talking about? |
Read the original post, please
dmbfan |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Sat Feb 14, 2009 8:15 pm Post subject: Re: Questions regarding schools under the GEPIK umbrella. |
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| dmbfan wrote: |
1. Some contracts are stating while the teacher has to give 60 days notice to leave the school, the school only has to give 15 days to the teacher?
Is this legal? Does it depend on the length of employment? |
There two seperate issues here:
1. You are bound by the contract to give the required notice (personally, I would never sign a contract that stated I had to give 60 days notice).
2. The employer is bound by the Korean Labor Standards Act to give at least 30 days notice of dismissal (or more than 30 days normal wages in liew). Therefore, the contract provision of 15 days notice of dismissal is 'null & void' because it does not meet the minimum under law. 
Get fired, make them tell you not to come to work, then start demanding at least 30 days wages. Lots of fun! |
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dmbfan
Joined: 09 Mar 2006
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| Posted: Sun Feb 15, 2009 3:31 am Post subject: |
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| Quote: |
There two seperate issues here:
1. You are bound by the contract to give the required notice (personally, I would never sign a contract that stated I had to give 60 days notice).
2. The employer is bound by the Korean Labor Standards Act to give at least 30 days notice of dismissal (or more than 30 days normal wages in liew). Therefore, the contract provision of 15 days notice of dismissal is 'null & void' because it does not meet the minimum under law. |
Right.....BUT, #2 only applys if one has been at the school for a certain period of time, right?
dmbfan |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Sun Feb 15, 2009 4:26 am Post subject: |
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| dmbfan wrote: |
| Right.....BUT, #2 only applys if one has been at the school for a certain period of time, right? |
No... there's nothing in the LSA about an elapsed period of employment required for the provision to apply. Everybody who has a job must be given at least 30 days advance notice of dismissal. |
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dmbfan
Joined: 09 Mar 2006
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| Posted: Sun Feb 15, 2009 6:21 am Post subject: |
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I could have sworn that I've seen something in the LSA mentioning that unless you have worked over three months, there is not much you can do.
dmbfan |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Sun Feb 15, 2009 2:07 pm Post subject: |
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| dmbfan wrote: |
| I could have sworn that I've seen something in the LSA mentioning that unless you have worked over three months, there is not much you can do. |
Not as far as I know... but I could be wrong. I'm just an English teacher, not a K-labor lawyer. |
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sojusucks
Joined: 31 May 2008
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| Posted: Sun Feb 15, 2009 11:24 pm Post subject: Re: Questions regarding schools under the GEPIK umbrella. |
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| dmbfan wrote: |
1. Some contracts are stating while the teacher has to give 60 days notice to leave the school, the school only has to give 15 days to the teacher?
Is this legal? Does it depend on the length of employment?
2. If a school or representative of the school provides confirmation, in writing (by email........yet, with the address and dates provided), to reimburse airfare, is it binding?
I'm curious about this because, I did have a meeting with my principle with a translater and I discussed, point by point the concerns that I had and what has been going on.
Coincidentally, he claims he did not know about the true nature of the situation (which is possible considering the mental midget I have for a co-teacher) and was unaware of the flight reimbursement problem.
I asked what we could do to work this out and he suggested to just give me a letter of release, with my last day (though, I never mentioned saying anything about me submiting a resignation notice), being the end of February.....(not being fired, but mutual agreement of sort).
Now.........this was Tuesday. I requested to have what he said, in writing. We shook on it and all seemed well.
Yesterday, I found out that they wanted me to submit a resignation notice (by the GEPIK format......kissing ass) yet, my last day would be the end of this month. I mentioned that if I were to submit a resignation notice I would state the real reasons why (focusing on the air ticket fiasco, with a copy of the email promising me I would receive it, stapled to the back) and provide my two months notice......as per the contract.
By the end of the day, I STILL had not received anything from them in writing (last day notice, letter of release guaranteement, etc............we spoke about this and I was told it would be done).
So, I'm kind of confused as to what I should do. Actually, if they just moved from the ESL Monkey Cookie Cutter, Mickey Mouse Barn into teaching 3rd and 4th graders, it would be awsome (we have a 6th grade foreign teacher, but that is all he does) because I did that the last two weeks and it went...GREAT.
But, they won't do that....I know it.
So, should just say "phuck it" and not wait for their notice and just give my 60 days notice and get a little more money before I leave?
Or, should I wait until they give me proper notice....BUT.....make sure it coincides with the contract, stating "15 days" notice? They could give me the notice on Wednesday, stating the last day of February is my last.......but it is not 15 days.
Any thoughts?
Honestly, I am quite bitter about this. It tried to let it go and just move on. But, I don't want them to get away with any more then they have, without putting up some sort of fight.
Should I just put in my 60 days notice and see what happens? Can they orverride that by saying "No, we are giving YOU notice".
Or, should just wait and see what happens.
dmbfan |
My contract says the school has to give 30 days. What out on getting screwed here. You may not be able to find a new job in 15 days, which may be what the school is counting on. This could be a bad sign.
Emails are usable in courts here from what I've heard.
Start looking for a job and don't give them a letter of resignation or anything until they give you proper notice. You can use your email as "evidence" that they will provide airfare.
Your school sounds shady. Look for a new position ASAP. |
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antoniothegreat
Joined: 28 Aug 2005
Location: Yangpyeong
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| Posted: Mon Feb 16, 2009 3:07 am Post subject: |
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is teh only problem the flight?
are you in something like epik/gepik/smoe?
if so, just go to the higher ups and make a complaint.
i read quickly, so maybe i missed something, but be careful. most contracts state that if you dont teach a full six months you are responsible for your own entry flight. so maybe they dont like you or something and are trying to get you out before 6 months to dump that part.
if you like the school and only want the flight money, dont quit. |
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