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30 days notice

 
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crazy tigger



Joined: 06 Aug 2006

PostPosted: Wed Aug 29, 2007 12:51 am    Post subject: 30 days notice Reply with quote

Sorry, I know this is in the frequently asked questions but I have done a quick search and can't find it, I'm currently using internet cafes so don't have much time.

Is the 30 day notice period for resignation and termination of contract a legal requirement? I have a contract which is 2 months for resignation and 2 weeks for contract termination but apart from that is great. I just wondered where I stood in negotitating as at the moment they won't budge!

Thanks
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Aug 29, 2007 1:04 am    Post subject: Re: 30 days notice Reply with quote

crazy tigger wrote:
Sorry, I know this is in the frequently asked questions but I have done a quick search and can't find it, I'm currently using internet cafes so don't have much time.

Is the 30 day notice period for resignation and termination of contract a legal requirement? I have a contract which is 2 months for resignation and 2 weeks for contract termination but apart from that is great. I just wondered where I stood in negotitating as at the moment they won't budge!

Thanks


Under current Korean labor law, IF you work for an employer for more than 6 months, they are required to give you 30 days notice or 30 days pay before they can terminate your employment. There are exceptions to this and they are clearly defined in articles 31,32,33, of the labor act.
http://www.molab.go.kr/download/_20051220144304549.pdf or look above in the sticky.

You do NOT legally need to give notice to quit.

You CANNOT contract away the 30 day protection from termination of employment

BUT

Having said that, you CAN contract away your right to quit without notice.

30, 45 and 60 days are common numbers in labor contracts and this is acceptable under current law.

.
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