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  • kchan91
  • Adventurer

    • 69

    • January 07, 2014, 12:36:42 am
    • US
Last few weeks of contract are vacation days. So, can I go home?
« on: December 07, 2016, 01:03:29 pm »
So, the last 2 weeks of school are technically desk warming days. There are no students but all teachers are supposed to come and prep for the next year.

My co-teacher helped me arrange my paid vacation days so I don't have to come those last 2 weeks since I'm leaving Korea.

So, I'm wondering, can I get a ticket home to America those last 2 weeks without problems from immigration or the pension office? Or do I have to wait out my contract physically in Korea until the very last days?

(I don't want immigration or whoever thinking I'm running out on my contract and denying me pension, severance, or anything else like that.)


  • KoreaBoo
  • Expert Waygook

    • 572

    • May 25, 2014, 04:00:42 pm
    • Korealand
Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #1 on: December 07, 2016, 01:18:46 pm »
No.


  • andyrich007
  • Adventurer

    • 26

    • March 04, 2014, 05:43:55 pm
    • Anyang, S. Korea
Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #2 on: December 07, 2016, 01:20:08 pm »
http://www.waygook.org/index.php?topic=38180.0  - they answer your questions

Also it's all up to your school with the severance pay and stuff. Pension is different, however, you cannot get the lump sum at the airport (check their website about what can and can't do).

I am using all my vacation days in Feb. I asked my school about leaving 4 days earlier they are okay with it. Just depends on your school and their relationship with you.


  • donuts81
  • Hero of Waygookistan

    • 1364

    • October 20, 2010, 10:23:37 am
    • Korea
Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #3 on: December 07, 2016, 05:38:47 pm »
http://www.waygook.org/index.php?topic=38180.0  - they answer your questions

Also it's all up to your school with the severance pay and stuff. Pension is different, however, you cannot get the lump sum at the airport (check their website about what can and can't do).

I am using all my vacation days in Feb. I asked my school about leaving 4 days earlier they are okay with it. Just depends on your school and their relationship with you.

Technically, it doesn't. Your school might pretend they are doing you a favor but they aren't doing anything special. Koreans (and foreigners) use their vacation days to finish out their contracts all the time. 

I have no idea about pension. I don't get mine back. Immigration don't care as long as you aren't overstaying. Severance is your school, but finishing out your contract using paid vacation is legit.
"You can't hurt me now, Mr Lee. I've lost all feeling"


  • KimDuHan
  • Hero of Waygookistan

    • 1283

    • January 15, 2015, 11:48:59 am
    • Seoul
Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #4 on: December 07, 2016, 06:52:37 pm »
http://www.waygook.org/index.php?topic=38180.0  - they answer your questions

Also it's all up to your school with the severance pay and stuff. Pension is different, however, you cannot get the lump sum at the airport (check their website about what can and can't do).

I am using all my vacation days in Feb. I asked my school about leaving 4 days earlier they are okay with it. Just depends on your school and their relationship with you.

In Canada I always used my contracted vacations at the end of my contract. It's not really about relationships but more about the contract. If you have five contract holidays they either have to let you use them or pay you holiday/vacation pay if you work on your off days.


  • m.corless
  • Super Waygook

    • 260

    • August 30, 2011, 02:55:14 pm
    • Toronto, ON, Canada
Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #5 on: December 07, 2016, 11:03:09 pm »
Does your contract say anything about having to work/be in Korea on the final day of your contract in order to be eligible for things like severance, exit allowances, etc?

"Technically" as a contract worker (I'm assuming that's what you are) you are supposed to let your employer know when you are leaving/entering the country. Since your visa is tied to them, they are in a sense responsible for you during working hours, even weekends, if your salary is paid 'monthly' as opposed to 'per class'. Does your co who set this up know you are thinking of leaving the country or that you will spend the vacation days in Korea? That might change things...


  • kchan91
  • Adventurer

    • 69

    • January 07, 2014, 12:36:42 am
    • US
Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #6 on: December 08, 2016, 07:29:29 am »
Thanks for all the info.

I would tell my school my plans to leave beforehand. I have a good relationship with them, so they might be willing to let me. (If they don't let me, then of course I would just stay til my contract ends. lol)

The problem is that my (public) school doesn't know very much regarding native teacher contracts. So, even if they're cool with me leaving early, they may not be aware of any problems I may have with any other institutions (immigration, etc). I do realize that immigration may not care whether I leave or not, but I also realize that immigration is depressingly inconsistent. I don't really want to try my luck...

But someone mentioned that I may not be able to get a lump sum pension payment at the airport even if everything else was okay. I'm not really willing to risk postponing any payments after I leave...

So....I guess I've concluded that I'll stay til after my contract! Thanks, guys!   ;D


  • andyrich007
  • Adventurer

    • 26

    • March 04, 2014, 05:43:55 pm
    • Anyang, S. Korea
Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #7 on: December 08, 2016, 08:29:54 am »
Concerning Pension: http://english.nps.or.kr/jsppage/english/scheme/scheme_04.jsp

Payment at the airport is available only when the beneficiary leaves on a flight from 11:00 to 24:00, Mon to Fri. (not available on official holidays) and the former employer of the insured person makes a termination report to NPS at least one day before the departure date. The insured person has to visit one of the local offices within a month of departure and apply for a Lump-sum Refund. The insured person can choose the airport payment as the method of payment.

so if you want to take a lump-sum payment at the airport but leave early you cannot get it unless you are terminated by your employer a day before your departure.

However, you can apply for it a month in advance and have it transfer to your one-pay account or  foreign account.

Good luck with everything! ^^


Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #8 on: December 08, 2016, 08:57:14 am »
Thanks for all the info.

I would tell my school my plans to leave beforehand. I have a good relationship with them, so they might be willing to let me. (If they don't let me, then of course I would just stay til my contract ends. lol)

The problem is that my (public) school doesn't know very much regarding native teacher contracts. So, even if they're cool with me leaving early, they may not be aware of any problems I may have with any other institutions (immigration, etc). I do realize that immigration may not care whether I leave or not, but I also realize that immigration is depressingly inconsistent. I don't really want to try my luck...

But someone mentioned that I may not be able to get a lump sum pension payment at the airport even if everything else was okay. I'm not really willing to risk postponing any payments after I leave...

So....I guess I've concluded that I'll stay til after my contract! Thanks, guys!   ;D

If you do end up taking the lump sum at the airport, be sure to look into the fees that the airport charges. I think I've read that they take something like 7% of your pension as a service charge or something. Just something to take into account. :azn:


  • donuts81
  • Hero of Waygookistan

    • 1364

    • October 20, 2010, 10:23:37 am
    • Korea
Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #9 on: December 08, 2016, 03:54:59 pm »
Does your contract say anything about having to work/be in Korea on the final day of your contract in order to be eligible for things like severance, exit allowances, etc?
It wouldn't really matter if it did. There are lots of things in our contracts that are complete BS which completely fall apart once you challenge them.


Quote
"Technically" as a contract worker (I'm assuming that's what you are) you are supposed to let your employer know when you are leaving/entering the country. Since your visa is tied to them, they are in a sense responsible for you during working hours, even weekends, if your salary is paid 'monthly' as opposed to 'per class'. Does your co who set this up know you are thinking of leaving the country or that you will spend the vacation days in Korea? That might change things...

Well, "Technically" we aren't contract workers even when our contract states that we are. Contract workers under Korean law aren't tied to one workplace for their salary (or visa) and set their own work hours. I know it's what almost every hagwon contract says, but, "Technically" it's not correct. I assume that schools do it for tax/salary purposes (if you have over a set number of workers you have different legal requirements) and that the government ignores the situation until they want to bust them for something else and gets them for both.

Quote
you are supposed to let your employer know when you are leaving/entering the country. Since your visa is tied to them, they are in a sense responsible for you during working hours, even weekends,
Yeah, that's a myth....or perhaps an overstatement of the facts. You don't have to tell them anything about your personal time and they can't stop you from doing anything if you do.
"You can't hurt me now, Mr Lee. I've lost all feeling"


  • draco888
  • Super Waygook

    • 328

    • August 11, 2013, 09:11:35 pm
Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #10 on: December 08, 2016, 07:40:05 pm »
Does your contract say anything about having to work/be in Korea on the final day of your contract in order to be eligible for things like severance, exit allowances, etc?





Well, "Technically" we aren't contract workers even when our contract states that we are. Contract workers under Korean law aren't tied to one workplace for their salary (or visa) and set their own work hours. I know it's what almost every hagwon contract says, but, "Technically" it's not correct. I assume that schools do it for tax/salary purposes (if you have over a set number of workers you have different legal requirements) and that the government ignores the situation until they want to bust them for something else and gets them for both.


How sure are you about this? That we are not contract workers.


  • m.corless
  • Super Waygook

    • 260

    • August 30, 2011, 02:55:14 pm
    • Toronto, ON, Canada
Re: Last few weeks of contract are vacation days. So, can I go home?
« Reply #11 on: December 09, 2016, 06:25:05 am »
Does your contract say anything about having to work/be in Korea on the final day of your contract in order to be eligible for things like severance, exit allowances, etc?
It wouldn't really matter if it did. There are lots of things in our contracts that are complete BS which completely fall apart once you challenge them.


Quote
"Technically" as a contract worker (I'm assuming that's what you are) you are supposed to let your employer know when you are leaving/entering the country. Since your visa is tied to them, they are in a sense responsible for you during working hours, even weekends, if your salary is paid 'monthly' as opposed to 'per class'. Does your co who set this up know you are thinking of leaving the country or that you will spend the vacation days in Korea? That might change things...

Well, "Technically" we aren't contract workers even when our contract states that we are. Contract workers under Korean law aren't tied to one workplace for their salary (or visa) and set their own work hours. I know it's what almost every hagwon contract says, but, "Technically" it's not correct. I assume that schools do it for tax/salary purposes (if you have over a set number of workers you have different legal requirements) and that the government ignores the situation until they want to bust them for something else and gets them for both.

Quote
you are supposed to let your employer know when you are leaving/entering the country. Since your visa is tied to them, they are in a sense responsible for you during working hours, even weekends,
Yeah, that's a myth....or perhaps an overstatement of the facts. You don't have to tell them anything about your personal time and they can't stop you from doing anything if you do.

Not so much about challenging things in the contract, but actual labor laws that would have superiority over any contract clause. If you would like to quote a Korean labor law that states employees do not need to work the final day in their contract to be eligible for severance or flight reimbursement, please do.

I would not and am not speaking about hagwon contracts in a general sense ever as they vary too greatly between employers. I'm comfortable with the definition of "contract worker" in this case being "one who is employed under a contracted period of time" but if you are using a different definition that could be the disagreement. If your E2 visa is sponsored by your employer, then things are a little bit different than if you were just employed continually, temporarily under different contracts. Salaries paid out by an office of education (most PUBLIC schools) are paid out monthly, not per class or hourly. Therefore, your salary is calculated for all days in a month and can be prorated as such. If you aren't in the country and still being paid, is it against labor laws to have your pay prorated for time? I'm not sure, that's why I said technically. Please point to labor laws that state employers cannot prorate salary based on an employee's presence in the country during regular work days. Not 100% certain, but I doubt that the laws make a distinction for "personal time" as you call it outside of contracted vacation days.