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When is breaking a contract OK?

 
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Spixe



Joined: 18 Dec 2008

PostPosted: Sun Jan 16, 2011 3:57 pm    Post subject: When is breaking a contract OK? Reply with quote

Just like topic says, I need to leave Korea due to family problems. I'm only halfway through a year long contract. I'll need every cent I can muster for the trip home, etc, but I think the contract states that they can not pay me a months salary if I break the contract, or something like that. Is there anything I can do? I know I can wait until my last paycheck and just "run" but I don't want to be a *beep* and leave them hanging, they already had that happen twice on them by two Americans, and they were scared to hire me because I'm an America, but I promised them I won't run. So is there anything I can do to not get pay taken away for breaking the contract?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Jan 16, 2011 5:15 pm    Post subject: Re: When is breaking a contract OK? Reply with quote

Spixe wrote:
Just like topic says, I need to leave Korea due to family problems. I'm only halfway through a year long contract. I'll need every cent I can muster for the trip home, etc, but I think the contract states that they can not pay me a months salary if I break the contract, or something like that. Is there anything I can do? I know I can wait until my last paycheck and just "run" but I don't want to be a *beep* and leave them hanging, they already had that happen twice on them by two Americans, and they were scared to hire me because I'm an America, but I promised them I won't run. So is there anything I can do to not get pay taken away for breaking the contract?


If you work for a public school, give proper notice and get your deposits back.

If you work for a hagwan that has illegal (under the labor standards act) penalty clauses (like withhold a month's pay for early termination of the contract) then just pull a runner. Leave at your convenience after payday.

.
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jrwhite82



Joined: 22 May 2010

PostPosted: Sun Jan 16, 2011 7:11 pm    Post subject: Reply with quote

If it is something like a family emergency I would say to give proper (30 day) written notice. Especially if the school and the owner has been kind to you.

If they are constantly screwing you over then just run after payday.
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oldfatfarang



Joined: 19 May 2005
Location: On the road to somewhere.

PostPosted: Sun Jan 16, 2011 7:41 pm    Post subject: Reply with quote

jrwhite82 wrote:

If they are constantly screwing you over then just run after payday.


This.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Sun Jan 16, 2011 7:54 pm    Post subject: Reply with quote

If you really need 1 month's salary, I wonder how you will survive back home.

Also, if you have been in Korea since 2008 (as indicated in your profile) you have some pension money collected (should have).

Check with the pension office.


Last edited by lifeinkorea on Sun Jan 16, 2011 7:57 pm; edited 1 time in total
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jrwhite82



Joined: 22 May 2010

PostPosted: Sun Jan 16, 2011 7:56 pm    Post subject: Reply with quote

Furthermore, check your contract. They are not allowed to withhold pay if you worked for it. They can only withhold pay to pay for your incoming flight ticket if it is stated in the contract. Or if it says you will pay for a recruiter to find a replacement. Try to post your contract on the review thread and explain your situation and I will review it today.
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Spixe



Joined: 18 Dec 2008

PostPosted: Sun Jan 16, 2011 7:56 pm    Post subject: running Reply with quote

This is a University. Not a hagwon. However, I'm not in a professor position either, I'm just an "english lecturer", normal e2 visa.

The boss isn't smart, but he's not mean either. They aren't really cheating us, not that I can tell. He is a tight ass though, so he's not going to be happy about it. They already had 2 americans run on them, and were very hesitant to hire another one. I promised I wouldn't run. I know it sounds weird, but I want to keep that promise, not just for my sake, but for the sake of any Americans after me, I don't want them to be discriminated against, which was already happening when I came. I've been correcting this image, but me running will only reinforce it.

But I think in the contract it does state I have to pay money, or get it deducted from paycheck, if I quit under contract. I assume a University contract is no different from a hagwon? So aside from pulling a runner, do I have any options in getting my full pay? Any excuses that could void the contract or something?
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jrwhite82



Joined: 22 May 2010

PostPosted: Sun Jan 16, 2011 8:06 pm    Post subject: Reply with quote

First things first, check your contract. What DOES it say? It doesn't matter what you THINK it says.
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Spixe



Joined: 18 Dec 2008

PostPosted: Sun Jan 16, 2011 8:30 pm    Post subject: Reply with quote

jrwhite82 wrote:
First things first, check your contract. What DOES it say? It doesn't matter what you THINK it says.


Good point, I actually just got done asking for a copy of the contract, but the normally working secretary is on vacation till Thursday, so I can't get a copy until then... Assuming it says what I think it says, and that I will be deducted for a months salary upon breaking contract, then do I have any other options besides running (or staying for the length of contract)?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Jan 16, 2011 8:46 pm    Post subject: Reply with quote

Ya, it is an illegal clause for a labor contract under the labor standards act.

Your choices are:

a) to take the time to fight it (months) - you cannot contract to break the law and punitive clauses are illegal under the labor standards act.

b) kiss the money goodbye

c) pull a runner.

Pick one.

.
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cyui



Joined: 10 Jan 2011

PostPosted: Mon Jan 17, 2011 8:55 am    Post subject: Reply with quote

Find a replacement. I am sure most people on this board would be happy to take that job.
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southernman



Joined: 15 Jan 2010
Location: On the mainland again

PostPosted: Mon Jan 17, 2011 5:53 pm    Post subject: Reply with quote

cyui wrote:
Find a replacement. I am sure most people on this board would be happy to take that job.


Why would most people want that job. Its (probably) low paying with an obviously dodgy contract. Only the very good Uni jobs pay decent money

Two people have already pulled runners from this Uni and now the Op is considering to be the 3rd.

You can have the job, I wouldn't go near it
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CentralCali



Joined: 17 May 2007

PostPosted: Mon Jan 17, 2011 6:03 pm    Post subject: Reply with quote

Right. Two Americans pulled a runner and, instead of addressing the (mis)management issues, the boss is concerned that yet another American will do so as, clearly, it's the nationality of the employee that's the problem. Rolling Eyes
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toonchoon



Joined: 06 Feb 2009
Location: Gangnam

PostPosted: Tue Jan 18, 2011 9:01 am    Post subject: Reply with quote

this is like asking "when is it appropriate to quit a job"

when you feel like you don't want to work there. you really had to ask?
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