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Quitting vs. Getting Fired

 
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mavsfan5



Joined: 19 Jan 2009

PostPosted: Tue Jul 14, 2009 7:04 am    Post subject: Quitting vs. Getting Fired Reply with quote

After much drama at work, I'm thinking I might get fired. If not, then I might just want to quit. All of the drama stems back to the a/c problem (http://forums.eslcafe.com/korea/viewtopic.php?t=158673) and the problems keep growing.

My first questions is this. My contract says the following:

The Employer guarantees that all the facts, fees, hours, salaries, processes of this agreement are carried out. If the Employer can not provide anything listed due to any reason the Employee will receive a one-way ticket home and all the salary guaranteed after the Employee has paid all of their bills.

Does this mean that if they are not providing with me an air conditioned apartment (which is in the contract), then I'm able to leave and they'll still have to pay my flight home and salary? Also, what does 'salary guaranteed' mean? I'm not clear about that.

Also, if they fire me, do they have to give me 20 days to work? Here is the contract part about that:

Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement, including, but not limited to frequent absences from Institute without approval of the Academic Director, or good reason thereof, or for inability to perform duties such as sicknesses, especially when it hasn�t been informed to the Academic Director before the Agreement was met. However, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty (20) working days in which to remedy the situation. Criminal or other conduct inside of outside Institute that would in the opinion of the Academic Director and owner seriously jeopardize any person or the reputation of its students, or its staff, will cause for immediate dismissal and no warning or time for remedy will be allotted.

Just for the record, I have performed my duties (minus the day I missed on Monday b/c I still didn't have a/c) and I do not have a sickness that keeps me from working. So if they want to fire me and they want me to leave now, what happens then?

I'm also a little worried because I have a trip to China planned next week. If they do buy me a plane ticket, will I be able to change the flight through the airline?

If I do decide to quit, will I be able to go to the Ministry of Labor and get backing on this? If so, what steps do I need to take?

I just really want to know what my rights are according to this contract and don't want to get screwed over when I leave Korea. Thanks for your help.
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ChinaBoy



Joined: 17 Feb 2007

PostPosted: Tue Jul 14, 2009 12:48 pm    Post subject: Reply with quote

They're definitely NOT buying you a plane ticket home. They'll fire you, steal your last paycheck, and put you out on the street. That's how hagwons work.
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JJJ



Joined: 27 Nov 2006
Location: Seoul

PostPosted: Tue Jul 14, 2009 4:51 pm    Post subject: Reply with quote

You know what, I wasn't gonna respond but then I gots ta thinkin'....yes, one way or another, u r gonna get screwed with regards to your situation. Start looking fer a back-up...now. G'luck.
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