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  • LaChaca
  • Veteran

    • 177

    • December 28, 2015, 06:32:55 am
    • USA
How to interpret this termination clause?
« on: September 01, 2016, 09:12:16 pm »
Below is the termination clause in the contract that is in question. Is the hagwon required to give 2 warning letters to terminate an employee? If they don't, and they notify employee of termination, is the hagwon in breach of contract? Currently, a coworker was told that if she doesn't improve in a month she will be let go. But she didn't have any indication that she was doing that poorly. Previously, she was told that she needed to improve but she was never notified that she was performing so bad that our employer was contemplating of letting her go.

A. The Institute has the right to terminate the Employment for the following terms

Terms of termination ;


The Teacher fails to perform or unsatisfactorily performs any one of the duties stipulated in this agreement.

The Teacher fails to perform duties for more than three (8) consecutive days

The determination that the Teacher is prevented from or incapable of performing his/her duties for a medical reason, whether it is a physical or psychological ailment. (If requested by Institute, the Teacher must be immediately be available for a medical examination.)

Receiving two warning letters.

Criminal behavior or misconduct.

Working or Teaching outside of the Institute.

Breaches of Article 6 " Confidentiality" Defamation of Institute by falsehood

B. The Institute and the Teacher may terminate this employment with a written 90-days notice. Anything less than 90 days will be considered a breach of employment by the Institute or the Teacher unless the employment is terminated for a cause

ii. In the event of early termination of Agreement, the final payment will be given 30 days after the last day of employment.

In the event the Teacher terminates the Agreement, before the end of the contract, the airfare will be reimbursed(deducted from last month pay).

  • JNM
  • The Legend

    • 4144

    • January 19, 2015, 10:16:48 am
    • Seoul, South Korea
Re: How to interpret this termination clause?
« Reply #1 on: September 01, 2016, 09:31:04 pm »
I'm not a lawyer, but I was a shop steward.

1. Unsatisfactory performance is pretty open to interpretation.  Unfortunately, the two verbal warnings are out there, so that would be hard to argue against.

2. since there are no bounds stated in the warning letters, they could be issued the same day.

Bonus: As others stated in other threads, the airfare return clause will be quashed by the labour board if it comes to that.