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  • LaChaca
  • Veteran

    • 177

    • December 28, 2015, 06:32:55 am
    • USA
Finishing Hagwon Contract on 365th Day
« on: January 02, 2017, 09:47:30 pm »
Hey guys,

I need your help with this mess.

Today, I talked to my supervisor about my last day. I told her: "My first day of teaching was February 18, 2016 so my last day should be Friday, February 17, 2017, which is 365 days from my first day of teaching. (Contract states, "First day of employment is first day of teaching). She said, "Well, the February session ends on the 28th of February but I'll check with the owner. They talked it over and concluded that it depends on my replacement's schedule that "there will be a chance that it won't work out- it depends if she can come earlier." She then added, "You should've said something sooner." I replied, "Well, I wasn't aware that I was expected to work more than 365 days."

I didn't know that a contract was contingent on a school calendar, not on the concrete 365 days. Can the school keep me there longer? If I don't stay there till the 28th of February, can they withhold my severance and flight?

The reason that I'm not going off the dates that are on my contract is that they are messed up. They say, I started on the 1st of Feb and end on the 31st. But I'm pretty sure they've forgotten that!


  • KimDuHan
  • Hero of Waygookistan

    • 1283

    • January 15, 2015, 11:48:59 am
    • Seoul
Re: Finishing Hagwon Contract on 365th Day
« Reply #1 on: January 02, 2017, 10:39:47 pm »
Hey guys,

I need your help with this mess.

Today, I talked to my supervisor about my last day. I told her: "My first day of teaching was February 18, 2016 so my last day should be Friday, February 17, 2017, which is 365 days from my first day of teaching. (Contract states, "First day of employment is first day of teaching). She said, "Well, the February session ends on the 28th of February but I'll check with the owner. They talked it over and concluded that it depends on my replacement's schedule that "there will be a chance that it won't work out- it depends if she can come earlier." She then added, "You should've said something sooner." I replied, "Well, I wasn't aware that I was expected to work more than 365 days."

I didn't know that a contract was contingent on a school calendar, not on the concrete 365 days. Can the school keep me there longer? If I don't stay there till the 28th of February, can they withhold my severance and flight?

The reason that I'm not going off the dates that are on my contract is that they are messed up. They say, I started on the 1st of Feb and end on the 31st. But I'm pretty sure they've forgotten that!


It depends on your contract dates. 365 days from start to finish according to the contract if you started work on say march 10th but the contract says march 30th was the start date then you are owed extra severance and could also have to pay taxes for the 10-30th. You also have to work 365 days from march 30th not 10th. Hagwons will try to scam you out of your extra money and not pay taxes for your initial work period.


  • LaChaca
  • Veteran

    • 177

    • December 28, 2015, 06:32:55 am
    • USA
Re: Finishing Hagwon Contract on 365th Day
« Reply #2 on: January 02, 2017, 10:48:51 pm »
Hey guys,

I need your help with this mess.

Today, I talked to my supervisor about my last day. I told her: "My first day of teaching was February 18, 2016 so my last day should be Friday, February 17, 2017, which is 365 days from my first day of teaching. (Contract states, "First day of employment is first day of teaching). She said, "Well, the February session ends on the 28th of February but I'll check with the owner. They talked it over and concluded that it depends on my replacement's schedule that "there will be a chance that it won't work out- it depends if she can come earlier." She then added, "You should've said something sooner." I replied, "Well, I wasn't aware that I was expected to work more than 365 days."

I didn't know that a contract was contingent on a school calendar, not on the concrete 365 days. Can the school keep me there longer? If I don't stay there till the 28th of February, can they withhold my severance and flight?

The reason that I'm not going off the dates that are on my contract is that they are messed up. They say, I started on the 1st of Feb and end on the 31st. But I'm pretty sure they've forgotten that!


It depends on your contract dates. 365 days from start to finish according to the contract if you started work on say march 10th but the contract says march 30th was the start date then you are owed extra severance and could also have to pay taxes for the 10-30th. You also have to work 365 days from march 30th not 10th. Hagwons will try to scam you out of your extra money and not pay taxes for your initial work period.

That's an issue because my contract is from February 1, 2016 to January 31, 2017 and I only recently have found this out. Also, I think they never amended the contract at immigration. I went and got a copy from immi and it has those dates on there. 

Because of the delayed visa and training, I started teaching on February 18 so I told them that I'll work for 365 days and finish on the 365th day. They want me to work till 28 of February because that's when the February session finishes according to the school calendar. The school calendar is crazy. For example, the January session started on the 23rd of December...
« Last Edit: January 02, 2017, 10:51:14 pm by LaChaca »


  • Barn
  • Explorer

    • 5

    • July 28, 2013, 08:03:15 pm
    • Seoul
Re: Finishing Hagwon Contract on 365th Day
« Reply #3 on: January 02, 2017, 10:55:28 pm »
Most schedules are based on 20 working days which is about a month, although some will be longer or shorter depending on holidays and school vacations. February is also the end of the school year.

However, you shouldn't be forced to work extra days if you don't want to


  • KimDuHan
  • Hero of Waygookistan

    • 1283

    • January 15, 2015, 11:48:59 am
    • Seoul
Re: Finishing Hagwon Contract on 365th Day
« Reply #4 on: January 02, 2017, 10:58:13 pm »
Hey guys,

I need your help with this mess.

Today, I talked to my supervisor about my last day. I told her: "My first day of teaching was February 18, 2016 so my last day should be Friday, February 17, 2017, which is 365 days from my first day of teaching. (Contract states, "First day of employment is first day of teaching). She said, "Well, the February session ends on the 28th of February but I'll check with the owner. They talked it over and concluded that it depends on my replacement's schedule that "there will be a chance that it won't work out- it depends if she can come earlier." She then added, "You should've said something sooner." I replied, "Well, I wasn't aware that I was expected to work more than 365 days."

I didn't know that a contract was contingent on a school calendar, not on the concrete 365 days. Can the school keep me there longer? If I don't stay there till the 28th of February, can they withhold my severance and flight?

The reason that I'm not going off the dates that are on my contract is that they are messed up. They say, I started on the 1st of Feb and end on the 31st. But I'm pretty sure they've forgotten that!


It depends on your contract dates. 365 days from start to finish according to the contract if you started work on say march 10th but the contract says march 30th was the start date then you are owed extra severance and could also have to pay taxes for the 10-30th. You also have to work 365 days from march 30th not 10th. Hagwons will try to scam you out of your extra money and not pay taxes for your initial work period.

That's an issue because my contract is from February 1, 2016 to January 31, 2017 and I only recently have found this out. Also, I think they never amended the contract at immigration. I went and got a copy from immi and it has those dates on there. 

Because of the delayed visa and training, I started teaching on February 18 so I told them that I'll work for 365 days and finish on the 365th day. They want me to work till 28 of February because that's when the February session finishes according to the school calendar. The school calendar is crazy. For example, the January session started on the 23rd of December...

Technically then you only have to work til January 31st then. If it's on the immigration contract then that's your finish date! Working after that date could be illegal. Especially until February 28th. When does your alien card expire?

They can't hold back your severance or plane ticket because your contract is finished on the 31st of January!


  • LaChaca
  • Veteran

    • 177

    • December 28, 2015, 06:32:55 am
    • USA
Re: Finishing Hagwon Contract on 365th Day
« Reply #5 on: January 02, 2017, 11:02:42 pm »
Hey guys,

I need your help with this mess.

Today, I talked to my supervisor about my last day. I told her: "My first day of teaching was February 18, 2016 so my last day should be Friday, February 17, 2017, which is 365 days from my first day of teaching. (Contract states, "First day of employment is first day of teaching). She said, "Well, the February session ends on the 28th of February but I'll check with the owner. They talked it over and concluded that it depends on my replacement's schedule that "there will be a chance that it won't work out- it depends if she can come earlier." She then added, "You should've said something sooner." I replied, "Well, I wasn't aware that I was expected to work more than 365 days."

I didn't know that a contract was contingent on a school calendar, not on the concrete 365 days. Can the school keep me there longer? If I don't stay there till the 28th of February, can they withhold my severance and flight?

The reason that I'm not going off the dates that are on my contract is that they are messed up. They say, I started on the 1st of Feb and end on the 31st. But I'm pretty sure they've forgotten that!


It depends on your contract dates. 365 days from start to finish according to the contract if you started work on say march 10th but the contract says march 30th was the start date then you are owed extra severance and could also have to pay taxes for the 10-30th. You also have to work 365 days from march 30th not 10th. Hagwons will try to scam you out of your extra money and not pay taxes for your initial work period.

That's an issue because my contract is from February 1, 2016 to January 31, 2017 and I only recently have found this out. Also, I think they never amended the contract at immigration. I went and got a copy from immi and it has those dates on there. 

Because of the delayed visa and training, I started teaching on February 18 so I told them that I'll work for 365 days and finish on the 365th day. They want me to work till 28 of February because that's when the February session finishes according to the school calendar. The school calendar is crazy. For example, the January session started on the 23rd of December...

Technically then you only have to work til January 31st then. If it's on the immigration contract then that's your finish date! Working after that date could be illegal. Especially until February 28th. When does your alien card expire?

They can't hold back your severance or plane ticket because your contract is finished on the 31st of January!

It expires March 11.


  • JNM
  • The Legend

    • 4251

    • January 19, 2015, 10:16:48 am
    • Seoul, South Korea
Re: Finishing Hagwon Contract on 365th Day
« Reply #6 on: January 03, 2017, 06:55:31 am »
You are allowed to work as long as your ARC is valid.

I have worked without a contract while negotiating extensions.


  • LaChaca
  • Veteran

    • 177

    • December 28, 2015, 06:32:55 am
    • USA
Re: Finishing Hagwon Contract on 365th Day
« Reply #7 on: January 03, 2017, 09:55:04 am »
I don't care about working if my ARC hasn't expired. I want to finish on the 365th day which is February 17, 2017! I want to finish! I don't want to work anymore at that place (for personal reasons).

What do I do??? Can they make me work till February 28, 2017? If I don't work till February 28, could they withhold my severance?


  • dalkyr
  • Veteran

    • 165

    • July 06, 2016, 10:15:53 am
    • USA
Re: Finishing Hagwon Contract on 365th Day
« Reply #8 on: January 03, 2017, 10:10:17 am »
I don't care about working if my ARC hasn't expired. I want to finish on the 365th day which is February 17, 2017! I want to finish! I don't want to work anymore at that place (for personal reasons).

What do I do??? Can they make me work till February 28, 2017? If I don't work till February 28, could they withhold my severance?

They can *try*. I mean, they can try anything. But they'd be wrong, and you could go to the labor board and be pretty much guaranteed victory.

Your contract ends when your contract ends. There are a LOT of hagwons that will try and pull the "end of session" BS. I can kinda see their point, as it makes their lives a bit easier, and makes things easier for the students in that they don't change teachers mid-week, but that doesn't override the law.

All that said, however, the contract dates that matter are the ones on file with immigration. So technically you could/should be finishing on the 31st of January. Any additional days are between you and them.


Re: Finishing Hagwon Contract on 365th Day
« Reply #9 on: January 03, 2017, 10:11:24 am »
I suggest you call the Labour Board and ask for advice.

I wouldn't worry about the contract dates on file with Immigration (because that would mean you finish early).  Your contract started on Feb 18 2016, and finishes on Feb 17 2017 (which is conveniently a Friday).  You are clearly right.  You need to be firm with them and say your last day is Feb 17 and you will need severance and flight money (or whatever you are due at the end of the contract) as soon as possible after that (I think the law states within two weeks).

If they want you to work longer they have to extend your contract, by mutual agreement.  They cannot make you work longer, and you are legally entitled to severance.  But they might have a hissy fit about it.

So, tell the labour board you are worried they will withhold payment as ask them what to do.  They might be useless, but at least they'll have a record of your call, so the next time you call they'll have some knowledge of what is going on.


  • LaChaca
  • Veteran

    • 177

    • December 28, 2015, 06:32:55 am
    • USA
Re: Finishing Hagwon Contract on 365th Day
« Reply #10 on: January 03, 2017, 10:18:05 am »
I don't care about working if my ARC hasn't expired. I want to finish on the 365th day which is February 17, 2017! I want to finish! I don't want to work anymore at that place (for personal reasons).

What do I do??? Can they make me work till February 28, 2017? If I don't work till February 28, could they withhold my severance?

They can *try*. I mean, they can try anything. But they'd be wrong, and you could go to the labor board and be pretty much guaranteed victory.

Your contract ends when your contract ends. There are a LOT of hagwons that will try and pull the "end of session" BS. I can kinda see their point, as it makes their lives a bit easier, and makes things easier for the students in that they don't change teachers mid-week, but that doesn't override the law.

All that said, however, the contract dates that matter are the ones on file with immigration. So technically you could/should be finishing on the 31st of January. Any additional days are between you and them.

I understand that the dates that matter are the ones filed with immigration. But I don't think they remember what those dates are. First, it seems as if they were never amended. They have never been brought up by them or me. And when I mentioned my last date to my supervisor, she definitely assumed I was finishing on Feb 28, 2017. Should  I bring up the contract dates at immigration?

If I resign on February 17, 2017, would they still owe me severance?


Re: Finishing Hagwon Contract on 365th Day
« Reply #11 on: January 03, 2017, 10:25:13 am »
First, you don't have to resign.  Your contract stops on the 17th.  You don't have to do anything.  You don't have to show up for work on the 20th.

You really should ask the labour board and immigration these questions.  Immigration does not care what you do, providing you are not working somewhere other than originally registered, and that you leave on or before the expiry date of the visa.

The labour board does not care if nothing actually happens.  If something does happen they will (probably) help you, but until then they can only give you advice.  You need to be firm and clear with your hagwon.  Tell them what is going to happen.  Tell them they need to pay you.  Tell them you are leaving.  Record the conversations on your phone or something.


  • LaChaca
  • Veteran

    • 177

    • December 28, 2015, 06:32:55 am
    • USA
Re: Finishing Hagwon Contract on 365th Day
« Reply #12 on: January 03, 2017, 10:33:40 am »
First, you don't have to resign.  Your contract stops on the 17th.  You don't have to do anything.  You don't have to show up for work on the 20th.

You really should ask the labour board and immigration these questions.  Immigration does not care what you do, providing you are not working somewhere other than originally registered, and that you leave on or before the expiry date of the visa.

The labour board does not care if nothing actually happens.  If something does happen they will (probably) help you, but until then they can only give you advice.  You need to be firm and clear with your hagwon.  Tell them what is going to happen.  Tell them they need to pay you.  Tell them you are leaving.  Record the conversations on your phone or something.

This is the thing, I've talked to immigration. I said, "The dates on the contract are not correct." They replied, "Ask your school. Not here." Another reason why I assume that my school never changed the dates.

I just called Labor Board. The lady said, "if you meet the requirement of severance, then you are entitled to severance. I cannot say whether you will get severance. It's a very delicate issue."

These 2 agencies haven't been very helpful.


Re: Finishing Hagwon Contract on 365th Day
« Reply #13 on: January 03, 2017, 10:46:52 am »
Ok, then you need to be more firm with the hagwon.  Tell them your contract finishes on the 17th and you are leaving Korea.  Tell them you need your severance and airfare on that day, and anything else, such as your final salary and other payments.  They actually have two weeks to do that, but it would make sense to pressure them.  Ask them if there is anything they want you to do before you leave.  Ask them if they want you to leave the apartment (assuming they are providing it) on the 17th or 18th.

You don't need to explain what you are doing next.  If they ask why you can't stay until the end of February say "It's not possible".  Tell them you planned your next move ages ago as you knew you would be finishing on Feb 17th.

It might be tough, as some hagwons are terrible like this.  Or it might be that the hagwon is trying to get you to do stuff as they think you will comply.  Or they might be just useless and cave when you tell them what is going to happen.

Good luck.