Korean Job Discussion Forums

snowy32 · Joined: 03 Dec 2005 Location: NZ

If there is no mention of 30days notice of dismissal in my contract am I stuffed? In my contract it says I can be fired immediately if my technique goes against my hagwons idea of what is acceptable. Or is this 30day dismissal part of the labour laws here?
I read on another site that after working somewhere for over 6 months they have to give you 30days notice.

poet13 · Posted: Mon Feb 26, 2007 9:17 pm Post subject:

Not completely sure, but I think that there are certain clauses that even if not in a contract, are part of labor law....like pension, and health. it's required even if it's not in the contract. On the other hand, sometimes there are clauses in a contract which are illegal, and can't lawfully be held against a teacher, such as 5% tax.

I think that firing you because of technique is just an illegal escape clause.
If they don't like your technique, then it's their responsibility to tell you or show you waht technique they would like you to employ.

Hope that helps.

willneverteachagain · Joined: 17 Dec 2006

its 30 days or payment in lieu of notice

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

alabamaman · Joined: 25 Apr 2006

http://english.molab.go.kr/download/_20051220144304549.pdf

http://wiki.galbijim.com/Labor_Standards_Act#Article_32_.28Advance_Notice_of_Dismissal.29

Article 32 (Advance Notice of Dismissal)

(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose.

Article 35 (Exception of Advance Notice of Dismissal)

The provisions of Article 32 shall not apply to workers who fall within each of the following subparagraphs:

1. a worker who has been employed on a daily basis for less than three consecutive months;

2. a worker who has been employed for a fixed period not exceeding two months;

3. a worker who has been employed as a monthly-paid worker for less than six months ;

4. a worker who has been employed for seasonal work for a fixed period not exceeding six months; and

5. a worker in a probationary period