Korean Job Discussion Forums

[gochubandit]

so i broke contract and left before the prescribed 30 day written formal notice.

now the school's withholding my last month's pay (a sort of a*shol* tax, i guess u could say), saying that it's a penalty for every day i was SUPPOSED to teach, but didn't. which would be cool, but this isn't just pennies. it's to the tune of about 2 mil.

now a few things that are bothering me:

1) this penalty wasn't stated in the contract.
2) don't think they can legally hold this from me. so i do want what's due to me.
3) but not quite sure how to approach the situ. should i retain an attorney?

[peppermint]

Dude, you screwed them, they screwed you back, let it go.

[Grotto]

You left before payday

What were you thinking?

Attorney would cost 10x more than anything you 'might' collect.

If you really wanted to pursue this go to the labour board and they 'may' rule in your favour.....or not....at lest its cheaper than an attorney.

[Zack_in_Korea]

same happened to me... i never got money back. it got a bit ugly..

[rapier]

You shouldv'e stayed clear, and served your 30 days notice.

For those who are clearly in the right, and are being blatantly denied their rightful money though,- I've always had an infallible way of getting whats due to me...and its worked for others too. A pretty simple option actually: PM me if you're in this situation.

[BigBuds]

[Ya-ta Boy]

Not only are you out the W2 million, you cannot work legally in Korea until the term of your contract finishes unless you can get a Letter of Release and it ain't at all likely that they will give you one. People do work illegally, but if there is a problem at work they have no protection at all and if caught will be fined and deported.

[Big Mac]

I think if I was going to pull a runner, I'd wait until the day after pay day. Too bad you missed runner 101 class.

[mindmetoo]

[gochubandit]

ahh... the moral majority.

[ontheway]

The basic deal is this:

If you break your contract, the employer is entitled to whatever penalties are stated in the contract and damages (if any). The employer is required to mitigate his damages, that is, to take action to reduce his damages if possible.

Your employer was able to replace you right away and cover your classes, so his damages should be minimal. You should be able to collect most of your pay minus whatever (as above).

Hope the labor board can help.

This is Korea though, the employer and labor board are Korean and you broke the contract, so sympathies may lie with your employer.

[Grotto]

[ontheway]

Penalty clauses are perfectly legal and accepted. One penalty is repaying airline fees when you work less than six months, or not receiving your return ticket if you quit after 6 months. Other penalties can be included if worded correctly. These would include the cost of securing a new teacher.

Second. The employer can withhold the employee's money and he only has to prove the employee owes for damages if the employee sues him or goes after him with the labor board (where he can make his case). If you don't pursue your money the employer can keep it.

[Pak Yu Man]

You could have done 2 things. Gave your notice and worked your 30 days. Or you could have did a runner after they paid you.

You did neither, thatwas pretty stupid.

You got screwed cause you did some screwing of your own. Tough shiat...get over it and kiss your 2 mil bye bye.

[gochubandit]