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therandom9
Joined: 10 May 2010
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 Posted: Tue May 25, 2010 8:23 am Post subject: Is there a limit to how much notice a school can ask for? |
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I need to quit my current job. Not going to go into all the reasons, suffice it to say that I have things worked out alright.
My question is this: my contract requires me to give 6 weeks notice. Is that legitimate, or is there some limit on how much notice a school can require (i.e. 30 days or somesuch)? |
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Welsh Canadian
Joined: 03 Mar 2010
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| Posted: Tue May 25, 2010 8:56 am Post subject: |
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You should really follow your contract. You signed it and knew this.
But on the other hand I think it could be a month (legally).
I would wait for ttompatz to give you an answer though. He should know. |
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plynx
Joined: 03 Jun 2008
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| Posted: Tue May 25, 2010 3:56 pm Post subject: |
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| Welsh Canadian wrote: |
| I would wait for ttompatz to give you an answer though. He should know. |
according to immigration, you're not legally required to give any notice (i had this conversation with two separate immigration officers last month) - your employer, on the other hand, is required to give you 30 days notice or the equivalent of one month's salary if the contract is terminated. if, however, you violate the terms of your contract, you can be sued in civil court; the chances of this happening are quite slim, though.
how your quitting affects your subsequent employment varies depending on your former company and the immigration officials who receive your file. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue May 25, 2010 4:04 pm Post subject: Re: Is there a limit to how much notice a school can ask for |
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| therandom9 wrote: |
I need to quit my current job. Not going to go into all the reasons, suffice it to say that I have things worked out alright.
My question is this: my contract requires me to give 6 weeks notice. Is that legitimate, or is there some limit on how much notice a school can require (i.e. 30 days or somesuch)? |
LEGALLY you are not required to give notice to quit.
Contractually you have to give what you said you would give (in the contract).
It is strictly a contractual matter.
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Welsh Canadian
Joined: 03 Mar 2010
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| Posted: Tue May 25, 2010 5:26 pm Post subject: |
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| plynx wrote: |
| Welsh Canadian wrote: |
| I would wait for ttompatz to give you an answer though. He should know. |
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What was that for?
I was being sincere about ttompatz. He usualy has the answer and he was right again.
back at you |
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therandom9
Joined: 10 May 2010
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| Posted: Tue May 25, 2010 8:57 pm Post subject: |
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Thanks ttompatz, just what I needed to know.
2nd part of the question:
I don't want to leave this job unamicably. If I have to, I would end up leaving about a month's pay behind for unpaid hours worked. Would I be likely to get that back in small claims court?
Obviously my school would have a counterclaim, since I'd be leaving sooner than 6 weeks after notice, but the contract has no penalties for that (only that I have to reimburse airfare, which I am willing to do). |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue May 25, 2010 9:16 pm Post subject: |
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| therandom9 wrote: |
Thanks ttompatz, just what I needed to know.
2nd part of the question:
I don't want to leave this job unamicably. If I have to, I would end up leaving about a month's pay behind for unpaid hours worked. Would I be likely to get that back in small claims court?
Obviously my school would have a counterclaim, since I'd be leaving sooner than 6 weeks after notice, but the contract has no penalties for that (only that I have to reimburse airfare, which I am willing to do). |
No in small claims court and maybe "subject to counter claims" at a labor board tribunal.
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plynx
Joined: 03 Jun 2008
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| Posted: Tue May 25, 2010 11:41 pm Post subject: |
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| Welsh Canadian wrote: |
| plynx wrote: |
| Welsh Canadian wrote: |
| I would wait for ttompatz to give you an answer though. He should know. |
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I was being sincere about ttompatz. He usualy has the answer and he was right again.
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as was the answer i provided above his own (which states the exact same thing). there are many people who are aware of situations and the laws on this board. advising someone to wait for one poster with the answer is - in my opinion - quite stupid. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed May 26, 2010 1:07 am Post subject: |
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| plynx wrote: |
| Welsh Canadian wrote: |
| plynx wrote: |
| Welsh Canadian wrote: |
| I would wait for ttompatz to give you an answer though. He should know. |
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I was being sincere about ttompatz. He usualy has the answer and he was right again.
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as was the answer i provided above his own (which states the exact same thing). there are many people who are aware of situations and the laws on this board. advising someone to wait for one poster with the answer is - in my opinion - quite stupid. |
In reference to your post, you were correct but the relevant authority is the Korean Labor Standards Act (and Ministry of Labor < http://www.molab.go.kr > not the immigration act (even though it was an immigration officer who gave you the information.
<smile - not meaning to be confrontational - just setting the record straight and for your future information in case you ever need to know where to find it>
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Welsh Canadian
Joined: 03 Mar 2010
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| Posted: Wed May 26, 2010 4:57 am Post subject: |
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| plynx wrote: |
| Welsh Canadian wrote: |
| plynx wrote: |
| Welsh Canadian wrote: |
| I would wait for ttompatz to give you an answer though. He should know. |
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I was being sincere about ttompatz. He usualy has the answer and he was right again.
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as was the answer i provided above his own (which states the exact same thing). there are many people who are aware of situations and the laws on this board. advising someone to wait for one poster with the answer is - in my opinion - quite stupid. |
Well if the person cant wait they could always pm ttompatz.
Anyway ttompatz was right. You were slightly wrong. |
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plynx
Joined: 03 Jun 2008
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| Posted: Wed May 26, 2010 1:56 pm Post subject: |
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| ttompatz wrote: |
In reference to your post, you were correct but the relevant authority is the Korean Labor Standards Act (and Ministry of Labor < http://www.molab.go.kr > not the immigration act (even though it was an immigration officer who gave you the information.
<smile - not meaning to be confrontational - just setting the record straight and for your future information in case you ever need to know where to find it>
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not offended by your post at all. you're always quite helpful. however, i never stated that the information i gathered was from the immigration act. i knew it was from the labor standards act and i know where to find relevant instructions concerning personal/professional situations that need to be handled; i simply passed on that it was verified by an immigration officer, something i try to do before i make any moves legally (even though they are a bit flighty with their standards and answers), particularly when quitting or changing a position.
regardless, i wanted the OP to know that there are many people on this board who would like to help someone out who may be in the same situation they have faced.
thanks for the link. |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Wed May 26, 2010 2:11 pm Post subject: |
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I usually wait for them to contact me and ask why I am not at work. I inform them that I quit. If they are still on the phone and haven't hung up, I give them a couple reasons why I am no longer their slave to try to help them out.
I am not one of those people who stay at a job I don't like, nor do I sue an employer who is abusing me to try to get them to treat me "nicer". I am not into that battered wife syndrome type of behavior.
Eventually, you get an employer who does treat you nicely, and it all works out for the better. Late payment, being overworked, making unrealistic demands, etc... are all things you should bring up with your employer. However, if you tell them you will leave if they don't improve the working conditions, then they will plan your exit to their time and convenience.
There's really no reason to let them use you and then throw you out like tomorrow's trash. |
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kiwipenny
Joined: 22 Mar 2010
Location: South Korea
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| Posted: Wed May 26, 2010 4:51 pm Post subject: no notice needed |
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You don't have to give any notice...
I have quit on the spot before... I had actually worked over the contract and did an extra month but wanted to quit and find a new job.. boss got angry as he didn't want me to quit... and then said he was firing me and I should finish at the end of the week instead of a month later as I had stated on my resignation... I just walked out of his office that night and didn't teach any classes and went to the Labor Board the next day... the labor board will back you on this and will make sure you get the pay owed to you~ (especially if you have good reason to quit) |
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therandom9
Joined: 10 May 2010
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| Posted: Wed May 26, 2010 8:46 pm Post subject: |
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Thanks guys. Kiwipenny, your situation sounds very similar to mine, so it's good to hear that the Labor Board might back me if it comes to collecting a month+ of back pay.
I'm not trying to claim the moral high ground as my boss is not a jerk, I just think that 6 weeks is unreasonable (this is NOT a clause that is easy to negotiate at the start of a contract  ), and he's also starting to pressure me in other ways as the deadline comes up, so I need some ammo. |
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