Korean Job Discussion Forums

[mitchkramer]

Hi Everyone,

My girlfriend and I are at the end of our rope with the current school we're working at. Looking for information regarding breaking one's contract. Hers is up in July, so it's not as big a deal, but mine still has 5 months on it. I know I have to give 60 days notice, and then travel home to do the visa application stuff, but is there anything else we've missed? Do I need to pay out the remaining months?

We're not looking to leave Korea, just examining other options and avenues.

Thanks a lot.

[OculisOrbis]

there's no law saying that employees have to give notice - you can leave whenever you'd like.

giving notice here is generally just an invitation to be bent over and violated on you last pay.

but its up to you.

[TheChickenLover]

Get paid, go home. Don't even say anything if you have the feeling they will try to 'penalize' you. You have been here more than6 months and don't require you to pay airfare.

Many many schools will try to penalize you for their 'difficulties' in finding a replacement, while they completely ignore the fact that if they made their workplace more accomodating and friendly, people would WANT to stay there to complete their contract.

Sadly, this is not the case.

You can leave any time. There is no process, nor law forbidding you. Just pack up your stuff, put it in a taxi and go to the airport and leave. Don't even think twice about it.

Chicken

[Hamlet]

First, it's important to understand what the other posters have said--that you have no legal obligation to do anything. You CAN just leave.

That being said, what are you so fed up with? Is it the kids? Coworkers? City you live in?...or is your boss screwing you around, not paying you and the like.

If your boss is screwing you around, just leave. It's his or her fault for treating you that way.

If you're just sick of the general conditions, though, and don't think your boss is the vindictive type, at least consider giving notice. If you just walk out, it will leave your employer in a pretty bad position. ...and then think about how they're going to treat your replacement!

If you do leave notice, don't mention the bad conditions at the school. Insulting the school's conditions will be taken by your boss as a direct insult. Just say that living away from home is too difficult and you are going home.

Whatever you decide to do, good luck!

[mitchkramer]

Thanks so much guys.... quick question regarding the notice thing...... I was told that if I don't give 60 days, I'm not eligible to return to Korea to work..... is this true?? Like I said, my girlfriend and I plan to come back, but we're simply looking for a school where the conditions aren't as bad, and our boss isn't breathing down our necks everyday..... quite frankly, we're sick of seeing our colleagues treated the way they have been...

thanks again for all your help.

[relaxed111]

My understanding is this...
If you break and run, you can not enter Korea (as a worker again) until the contract has expired. You can come back as a tourist no problem within the contract period.
If you want to come back or change jobs, you have to get permission from your present boss, and this goes to immigration. And, allows another visa to be issued.

[mitchkramer]

okay, so my understanding is this: give 60 days notice, find another job while i'm still here in korea, and then head home and wait for another visa to be issued to me.

do i have to wait until my previous contract is finished to re-enter, since it isn't technically finished until november? or can i simply come back once i arrive back home, assuming i've given my boss 60 days notice?

again, i really appreciate this everyone.....

[mitchkramer]

okay, so my understanding is this: find another job while i'm still here in korea, and then head home and wait for another visa to be issued to me.

do i have to wait until my previous contract is finished to re-enter, since it isn't technically finished until november? or can i simply come back once i arrive back home?

again, i really appreciate this everyone.....

[mitchkramer]

okay, so my understanding is this: find another job while i'm still here in korea, and then head home and wait for another visa to be issued to me.

do i have to wait until my previous contract is finished to re-enter, since it isn't technically finished until november? or can i simply come back once i arrive back home?

again, i really appreciate this everyone.....

[mitchkramer]

okay, so my understanding is this: find another job while i'm still here in korea, and then head home and wait for another visa to be issued to me.

do i have to wait until my previous contract is finished to re-enter, since it isn't technically finished until november? or can i simply come back once i arrive back home?

again, i really appreciate this everyone.....

[relaxed111]

Sorry I am not sure from your answer, but do you want to go home and if so for how long.

My answer is based for you staying here and switching jobs within your existing contract dates.
Thus
If you want another job, within your existing contract period you have to give notice and get persmission from your employer.
If this happens, then all you do is a visa run. With the new company. You do not have to leave the country long term, like going home and back.

But, if your boss does not give you permission...then it is stay as a tourist until you can apply again, or go home...or go to Thailand and get lost for the same time...I like the Thailand idea best.

[Otherside]

Mitch, are you working at a public school or a Hagwon?

[mitchkramer]

hakwon..... as it stands at the moment, i would give 60 days notice, and i would look for jobs during that time...... because my gf's contract is up in july, she would likely fly home and see family, and then return for september or so, when my 60 days would be completed, and when we would hypothetically begin our new jobs together.....

as i've stated, it is HIGHLY unlikely that my boss would transfer my visa, but as i've read, she has to give me a letter of release if I give her 60 days notice. in that event, i could simply fly to japan and renew my contract? is that correct?

[ihaveseoul2]

mitch.

I am in somewhat the same position as you and even though second-hand I can report what I heard from immigration. Call to verify though!!

If you decide to leave the country without informing immigration/employer then you will have to wait until your current contract ends before you can come back and then you will have to go through all of the hoops (Criminal Check/Health etc) to get the new visa. But, if you so choose you may do that route.

Should you file notice to terminate/break contract (as I did today) then the ball is in the employer's court on the next step. They can either negotiate a payment you agree to or refuse. I gave them a monetary figure that is required for me to leave on pleasant terms and told them they can negotiate with me on that.

If you come to an agreement, then the employer and yourself must go to immigration together and file that the visa is no longer valid. You will receive a 30 day exit order. If a person wants a new job, they have 30 days to find one. If they get a job at a public school then they can stay in the country and avoid the visa run but a job at a hagwon requires a visa run. Assuming the job is found and the paperwork started before you leave the country. Note: If you leave the country, even for a holiday, then you must go through all the paperwork hoops.

If no agreement can be reached, then you must go to the Labor Office to file your grievance and they will determine the monetary sum you are to receive based on the situation and what is stipulated in the contract. Following that you must go to immigration by yourself with the decision to get your exit order. You can then use the 30 days to find new employment and get the process started. If things look ugly, you can seek legal counsel but they will take 30% of the money awarded and a fee to accept the case but you do not have to be in country for it to follow through. I hope it doesn't get that far.. but believe a negotiated settlement will be attainable.

The reason I am so comfortable with the risk of losing money on the regular payment side is that my hagwon was sold and the previous owner (who was decent) put in my contract that I was to receive housing OR cash-equivalent even though we had a verbal contract that I wouldn't get the money.. just the cash that was listed on the contract (that was relatively high for the job that I do). So, the new owners told me I do not have grounds to leave and want to deduct some things as per "the contract" and I gladly said they could but if they wanted to do it "by the contract" that they needed to include my housing OR cash-equivalent and they are doubling back to try and find a negotiated settlement because they know how much back-pay is owed on the housing.

FYI: Reason for leaving was that the reason I forgave the housing was for an hour reduction that has since disappeared under new management and the new manager is a dictator who has not only loaded me with an untenable schedule but frequently swears at us in the office and makes it unbearable. I have been here 4 and a half years. This is the first time I've decided to leave a job.. and I think I know what bad is. It's damn uncomfortable.

[ontheway]