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kangolnoel
Joined: 28 Jun 2010
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 Posted: Tue May 07, 2013 4:52 am Post subject: MY BOSS BROKE MY CONTRACT... WHAT CAN I DO? |
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| I have been working at a hagwon for 2 years. My boss doesn't like me but I have always been on time and I have always done my job. I signed on for 6 more months after the 2 years and extended my VISA, ARC card and signed another contract for the 6 more months. Now she told me she has a replacement for me that can only come in July so she has to let me go 2 months early . but I already made plans to leave in September and am dependent on the extra savings! She did let me know 2 months in advance. Is there anything I can do? HELP HELP. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue May 07, 2013 4:58 am Post subject: Re: MY BOSS BROKE MY CONTRACT... WHAT CAN I DO? |
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| kangolnoel wrote: |
| I have been working at a hagwon for 2 years. My boss doesn't like me but I have always been on time and I have always done my job. I signed on for 6 more months after the 2 years and extended my VISA, ARC card and signed another contract for the 6 more months. Now she told me she has a replacement for me that can only come in July so she has to let me go 2 months early . but I already made plans to leave in September and am dependent on the extra savings! She did let me know 2 months in advance. Is there anything I can do? HELP HELP. |
More than 30 days notice (or pay in lieu of notice) and there isn't much you can do - at least not under labor law.
Get LOR and do a summer camp from your end date in July till the end of August when school goes back in.
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kangolnoel
Joined: 28 Jun 2010
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| Posted: Wed May 08, 2013 7:17 pm Post subject: |
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| there is really nothing I can do? Even though she broke it for her own benefit? How can I keep my E2 Visa to work at a summer camp if I am no longer her employee?? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed May 08, 2013 7:59 pm Post subject: |
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| kangolnoel wrote: |
| there is really nothing I can do? Even though she broke it for her own benefit? How can I keep my E2 Visa to work at a summer camp if I am no longer her employee?? |
Yes, there is nothing you can do. Under labor law she can release you (for managerial reasons) with 30 days notice or 30 days pay.
Transfer of sponsorship to the new employer or change to a D10 (looking for work).
transfer
passport
ARC
LOR
new contract
new employer's business registration
new employer's guarantee (sponsorship form).
application
fees
Change to D10:
passport
ARC
LOR
application
fees
plan to find new work (letter describing what you will do).
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young_clinton
Joined: 09 Sep 2009
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| Posted: Wed May 08, 2013 10:57 pm Post subject: |
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| I assume she has to give him a Letter of Release, since she is essentially firing him. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed May 08, 2013 11:54 pm Post subject: |
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| young_clinton wrote: |
| I assume she has to give him a Letter of Release, since she is essentially firing him. |
She should but is under no legal obligation to do so.
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu May 09, 2013 7:50 am Post subject: Re: MY BOSS BROKE MY CONTRACT... WHAT CAN I DO? |
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| kangolnoel wrote: |
| I have been working at a hagwon for 2 years. My boss doesn't like me but I have always been on time and I have always done my job. I signed on for 6 more months after the 2 years and extended my VISA, ARC card and signed another contract for the 6 more months. Now she told me she has a replacement for me that can only come in July so she has to let me go 2 months early . but I already made plans to leave in September and am dependent on the extra savings! She did let me know 2 months in advance. Is there anything I can do? HELP HELP. |
We haven't seen your contract, but a typical contract will have a clause that allows either party to end the contract with some period of required notice - usually 30 or 60 days. Apparently you have been given 60 days notice, more or less, so if your contract has such a clause your boss has not "broken" your contract at all. Rather, you have been dismissed according to the terms of the contract.
Likewise, you could resign by giving the required notice under the contract without "breaking the contract." You would be resigning as allowed and according to the terms of the contract.
Since you say that your boss doesn't like you, and you have apparently been aware of this for some time, you shouldn't be surprised that your boss has decided to replace you at her convenience. At any job, if you are working with a boss with hiring and firing authority and that boss dislikes or resents you for any reason, you are working on borrowed time and you should always be planning where you will go next, preferably resigning at your own earliest convenience.
For your own benefit, since you should have a reasonably good relationship with your boss after two years and as you apparently need a letter of release, you should at do your best to get along so that she will be willing to sign such a letter when you respectfully request it. |
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