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Job and Contract Questions

 
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newinseoul



Joined: 22 Sep 2005
Location: Busan

PostPosted: Fri Feb 03, 2006 7:54 pm    Post subject: Job and Contract Questions Reply with quote

Hi,
I want to leave my current Hagwon for numerable reasons. I was checking my contract and it says that i have to give sixty days notice. I thought legally it was only 30 days notice?

I'm worried that if I give 60 days notice, they will turn around and fire me or not pay me my last two months. In the contract it states that if I stay for at least seven months they will not take my airfare to Korea. I don't want them to take my last two months pay because I will need that money.

Do they legally have to give me my papers for working elsewhere if I go along with the contract? I'm really frustrated and really could use some good advice. Thanks
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Dan The Chainsawman



Joined: 05 May 2005

PostPosted: Fri Feb 03, 2006 8:07 pm    Post subject: Reply with quote

dudette you told me all about your hogwon. If you do not plan to stay in the country give them 24 hours notice after you have left via the midnight shuttle. This place already canned how many people for being in their 11th month?

why bother with them leave em hanging high and dry and get your butt to Thailand for a good time.
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chessmaster9000



Joined: 31 Jan 2006

PostPosted: Mon Feb 20, 2006 7:47 am    Post subject: Re: Job and Contract Questions Reply with quote

***I want to leave my current Hagwon for numerable reasons. I was checking my contract and it says that i have to give sixty days notice. I thought legally it was only 30 days notice?


***I'm worried that if I give 60 days notice, they will turn around and fire me or not pay me my last two months. In the contract it states that if I stay for at least seven months they will not take my airfare to Korea. I don't want them to take my last two months pay because I will need that money.


***Do they legally have to give me my papers for working elsewhere if I go along with the contract? I am really frustrated and really could use some good advice.



EMPLOYER'S RESPONSIBILITIES UNDER THE LABOR STANDARDS ACT

Any Employer violating any of the responsibilities under the LSA may be fined up to 5 Million Won for a violation or violations concerning the same issue. If there are two separate violations on separate issues, then the fine can be imposed of up to 5 Million Won for each violation.

Termination:
Note also that an Employee cannot be fired, laid off, or suspended without a "justifiable" cause. Breach of the criminal code, and neglecting one's duties (see further below) would all constitute "justifiable" causes. The Employer can, however, dismiss workers for administrative reasons such as when there is a transfer, merger, or acquisition of the business.

Dismissal Notice:
The Employer should give at least 30 days notice of dismissal. Otherwise the Employer must pay the ordinary wages for at least thirty days.

I cannot help you on the legality of the paperwork. If you still want to work in South Korea, see if you can get your Letter of Release. Start talking to a recruiter now, or visit schools yourself. Once you have that Letter of Release, then you will be able to get a job within a week. If you get paid for 30 days, and pro rated severance, then you did fine. My friend from the UK was caught up in a sticky situation similar to yours. He walked away with pay equivelant for one month, and pro-rated severance.
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Mon Feb 20, 2006 10:14 am    Post subject: Reply with quote

Why are you leaving? How has your boss treated you and your coworkers up to this point? Are you leaving to take another job in Korea?

It will be much easier to help you if you give a bit more info about your situation.
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