Korean Job Discussion Forums

downstack · Joined: 26 Oct 2010

I'm in a situation where I'm not sure what my options are legally. I just completed a contract with my school this Friday. There were no problems with my performance and the school cannot dispute the completion of the first contract.

I have already re-signed a contract for another year, but that contract doesn't begin until March 2nd. My problem is that everyone quit the school (except for me and my husband, principal and vice principal) and everything is going down the toilet there. They haven't violated anything in the contract, just verbal agreements about working conditions (which is why I want to leave, general lack of respect), except for minor things like not providing the TV that's in the contract. What happens if I break a contract that hasn't started yet? They didn't buy a plane ticket to fly me here for this contract-- technically they flew me over for my first contract which has been completed. Can I quit on them before the new school year starts and stay in the country? They have applied for an extension on my visa for another year already, so does that mean I can't get another job for a year?

Any advice would be great. Thank you so much.

Skippy · Joined: 18 Jan 2003 Location: Daejeon

Has your extension been processed yet or have you just resigned a contract? If not been processed by immigration you have a chance to say no. But if you pull out expect to get hassles about plane tickets and severance.

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

downstack · Joined: 26 Oct 2010

The issue is not the TV, it's the change in staff, the overwhelming lack of respect and general shittiness of remaining coworkers. Obviously those aren't things that can be argued legally. It's not so bad I can't work through it but if it's possible to back out with minimal consequences that would be preferable.

We went to immigration to give fingerprints though I'm not sure what the process was. Probably to renew the visa, although our passports do not actually have new visas in them and our ARC card has not been replaced yet. What does that mean exactly?

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

Son Deureo! · Joined: 30 Apr 2003

When you extend your visa, Immi doesn't replace your ARC, they just write your new expiration date on the back of it and make a note in their system when you apply for your extension.

downstack · Joined: 26 Oct 2010

YTMND, I hope you're trolling. You are either willfully misunderstanding my post or unable to read an entire paragraph without forgetting the beginning.

To clarify, I am not upset about not getting a TV. That was stated clearly. Not getting a TV is the only breach of contract, and I am hoping it is enough to break my contract. That is what I'm trying to figure out.

Also, the school flew me here under the first contract. That contract is over. That contract included a plane ticket home. If I leave during my second contract at the same school, I want to ensure that I can still get a flight home per the first contract.

Son Deureo, my visa has definitely been extended if that is the case. How does this affect my ability to get a new job?

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

CentralCali · Joined: 17 May 2007

ssavage4 · Joined: 04 Feb 2012

I feel for you that you feel stuck in a job that you no longer want because of changes in the working environment that were unforeseen.
But... you just said that the only breach of contract was the lack of a tv, and were wondering if that was enough to break your contract.
I'm going to take a wild guess and say no. How do you think you would explain resigning the contract after going an entire year without the tv, that you now think is issue enough to try to break the contract over?
It is a rather weak argument.
With all of the BS that happens in Korea, I don't think you've got much to stand on with that one. If you complained I wouldn't even be half surprised if the school just made the poor office manager bring in his tv from home for you.
I don't know about your other options, hopefully someone else is able to clarify that for you, but I don't think breaking the contract for the lack of a tv is a plausible one.
Best of luck with the situation.

ontheway · Posted: Sat Feb 25, 2012 12:12 pm Post subject:

When you went to Immigration, you extended your contract. Immigration may have made a notation on the back of your ARC indicating the new dates.

You are now working on a continuation of your first contract, unless you signed a completely different new contract, meaning you should receive your return airfare and severance according to your contract and law whenever you do leave.

According to your post there is no material breach of contract and you have no grounds to void the contract. Not providing a TV is a very minor issue of very little monetary consequence. If that is your only complaint I'm sure your boss will get you some cheap used TV set if you press the issue - fifty bucks or less - spread over two years it is not material.

Having already renewed and obtained your new E2 visa, your only valid option is to quit according to the terms of your contract.

Most contracts have terms that allow either the employer or the employee to end the contract by giving proper notice.

You can be fired for any reason if your employer follows this contract provision - there is no such thing as "improper dismissal" and no warnings necessary. No legal recourse for the employee beyond the required 30 days legal notice after 6 months of employment.

Likewise, this will allow you to give proper notice and terminate the contract legally and properly - which you'll need to do if you have any trouble collecting your severance and airfare - you don't want to have any counter claims based on your own serious breach of contract. Check your contract and follow its terms to quit when you are ready.

downstack · Joined: 26 Oct 2010

My contract states that I can quit with 30 days notice as long as I pay the realtor's fee. If I follow the guidelines of the contract does that mean I can immediately start another job after those 30 days? That is definitely doable. Like I said the job is not so terrible I can't stick through it, and I'm willing to work with the school. I just would prefer not to spend a whole year there. Thanks for the information!

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards

You may want to read up on the labor standards act and take note of the laws in regards to penalties imposed against an employee for non-performance of a LABOR contract.

This is NOT the Litigious States of America.

You are free to leave at your convenience (although giving notice is a nice thing to do) and you cannot (contrary to the opinion of another on this forum) be found liable for civil damages due to quitting (there has NEVER been a documented case in Korea - EVER) and in fact the labor laws protect you from any penalty for non-performance of a labor contract (specifically defined term under labor law) and they are differentiated from other contracts in that regard.

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