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morrisonhotel
Joined: 18 Jul 2009
Location: Gyeonggi-do
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 Posted: Tue Sep 06, 2011 4:28 am Post subject: Friend being screwed over.... |
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| Posting for a friend. Background info - she's been at a hagwon for nearly three years. She has 51 days on her contract remaining. The contract stipulates that both parties have to give 60 days notice before termination of the contract. The hagwon is now trying to fire her for a totally nonsensical BS reason. What are her options? I realise that 30 days is the legal standard (with certain exceptions), but what difference does 60 days written in to the contract make? She has her severance for the last two years already so there's no issue there except for this year's. |
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morrisonhotel
Joined: 18 Jul 2009
Location: Gyeonggi-do
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| Posted: Tue Sep 06, 2011 4:08 pm Post subject: |
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| Bump. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Tue Sep 06, 2011 4:41 pm Post subject: |
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From my understanding of the KLSA (and my experiences at the labor board).
A contract can give you MORE than the standards set by the KLSA but can not give you less. The KLSA is the minimum required.
However since I am not a lawyer nor do I think anyone else on this board is, her best bet would be to talk to the folks at the labor board. It would seem she has a case,,,but they would have the final word on that. |
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morrisonhotel
Joined: 18 Jul 2009
Location: Gyeonggi-do
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| Posted: Tue Sep 06, 2011 7:09 pm Post subject: |
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| I figured as much. Thanks. |
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cincynate
Joined: 07 Jul 2009
Location: Jeju-do, South Korea
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| Posted: Tue Sep 06, 2011 9:22 pm Post subject: |
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| He violated the contract, and therefore must fulfil its terms (pay her for the last two months and severance and airfare. She needs to go to the labor board. |
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CPJ
Joined: 30 Dec 2008
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| Posted: Thu Sep 08, 2011 9:06 am Post subject: |
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Why does it matter?
If the school wanted her to stay, they would have offered her a new contract regardless of how many days were left.
Chances are the school got tired of her and wanted someone new. 3 years at the same school is hard to do. I know I always want to change, if only to get a new group of students.
It's probably a good thing for both parties.
And it's not like she isn't going to get severance or anything like that. Take the money and find a new job. |
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