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bgotseoul
Joined: 11 Nov 2016
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Posted: Thu Feb 01, 2018 8:37 am Post subject: Renewed contract but want to cancel before it starts |
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Currently on an E-2 and I have one month left on my current contract.
I was undecided whether or not I was staying in Korea or with the same school.
My school assured me that they would pay me everything they owed me before the new contract began if I renewed(severance month, the month they held initially, and the deposit for the appartmemt) so I renewed for another year.
I was really counting on this money and would have had it if I left the country or changed schools.
Now my school is telling me that they will not give me my severance, deposit or month back-pay until the second contract is completed.
There is no mention of this in either of the contracts I signed (it says I get severance with completion of the individual contract)
I’m pretty upset because being loyal and staying with the school has now put me in a harder financial position than had I taken other offers. I am also worried conditions will drastically change during the second contract and they would almost prefer me to leave all that money on the table than stay.
What are my options now considering my new contract only starts in a month? I have already been to immigration and renewed.
Do i need to get a release letter ? Can I void a contract that hasn’t started yet if things that were promised aren’t delivered ?
Thanks for any advice or help! |
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CentralCali
Joined: 17 May 2007
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Posted: Thu Feb 01, 2018 9:08 pm Post subject: |
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Huh? You don't get severance until you leave the job. This works out in your favor as the severance will be based on your salary when you leave. You don't get a security deposit back until you vacate an apartment. There is no mystery regarding those.
I don't understand what you mean by "the month they held initially". |
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nicwr2002
Joined: 17 Aug 2011
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Posted: Tue Feb 06, 2018 2:14 am Post subject: |
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If that is the hagwon's apartment, then they are holding your pay illegally. They cannot withhold your pay for unforeseen damages.
However, you are screwed now since you already signed and updated your ARC card. It isn't easy to just get a release letter. The school doesn't have to give you one either.
FOY, severance can't be paid out until you stop working at the company. They pulled a fast one of you. In saying that though, they will have to pay you based on a pro-rated rate now. So, if you do end up quitting early, they will have to pay 1 year of severance plus how every many months you worked in your second contract. |
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Hotpants
Joined: 27 Jan 2006
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Posted: Tue Feb 06, 2018 3:05 am Post subject: |
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If you've renewed your ARC, then you'll have to get a LOR to move to another job. If you're generally okay with the school, then why not stay there for the time being for continuity purposes?
I'm not sure, either, what the month's back pay that they've withheld - that sounds shady, and I'd probably pursue getting that back at this point. As with just about everything, it's always best to get things in writing, so that when moments like this come up, you have proof of what was said to you. Maybe if you can find previous teachers who have received severance upon departure, you can at least have peace of mind that you'll get that when you do leave. |
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