Read 1508 times

How to Quit?
« on: February 17, 2014, 11:14:07 am »
Hello everyone. I have stumbled across an excellent opportunity in mid-April (not a teaching job in Korea) that I cannot pass up, and I am going to have to quit my hagwon and break the contract early. The opportunity will involve me staying in Korea as a tourist for a couple of months (after a visa run), so I don't want to end up as a criminal in Korea from this.

They have always paid me on time, and even though I have felt incredibly isolated and lonely at the job, I feel like they deserve some sort of notice. At the beginning of March I will have been here for 6 months, so that's when I was thinking of giving them a 30 day notice.

However in my contract it states that if I want to break the contract early, I have to work until a replacement teacher is hired and will only be paid 70% of my salary during that time. Can the school keep me here longer than 30 days? I am paranoid about posting my contract on here, but if someone needs to see it they can PM me (no new accounts like this one though!).

  • Porksta
  • Veteran

    • 117

    • October 08, 2011, 09:31:27 pm
Re: How to Quit?
« Reply #1 on: February 18, 2014, 10:59:24 pm »
I am pretty sure that would be illegal withholding of pay.  Don't give notice - collect your last check and bounce.  However, I don't know if you can work at another school without an LOR if your visa has not expired yet.  You may want to check on that.

Re: How to Quit?
« Reply #2 on: February 18, 2014, 11:13:41 pm »
Hahahaha that is a clause I haven't seen yet. I am not a lawyer, but they can't force you to work. What are they going to do? Chain you to the desk? Everything I have read says you can legally quit whenever you like without notice. If you don't mind the (probably illegal) 30% cut then give them notice. I would just quit the day after payday as long as you don't need anything from them.

Re: How to Quit?
« Reply #3 on: February 18, 2014, 11:29:30 pm »
Give notice and then only do 70% of your normal work load. ;D

  • bosox1001
  • Waygookin

    • 24

    • June 07, 2013, 09:13:29 am
    • Boston/Daegu
Re: How to Quit?
« Reply #4 on: February 24, 2014, 02:54:23 pm »
The only thing to check with is look in your contract to see if there are any things you would have to repay them for if you break the contract early (such as airfare). If you've been here 6 months, for the public school system that is long enough that you don't need to repay anything back though, so you're probably fine--if they even did give you any payments up front for things other than monthly income.

They can't force you to stay at the job or in the country if you break the contract. That clause only means in order to break the contract without causing any possible future problems about returning to Korea, and especially to work here, you need to follow those steps. Otherwise, you could leave tonight without notice and there is nothing they can legally do to you, unless it states you need to repay them money and then I'm not even really totally sure how that would work.

Only other thing to keep in mind, and I'm EPIK so I don't know for sure about Hagwons, but find out the stipulations of your visa. I think that's what you meant when you said staying as a tourist, but still. It's likely you have an E2, which is specifically a foreign English teacher. And I believe your employer is probably sponsoring that. So while no one could hold you in the country, if you do break your contract, your visa may no longer be valid and you'd actually be forced to leave if that were the case, because you'd need to get new official permission to stay in the country and they may not grant you that if you broke your visa.
« Last Edit: February 24, 2014, 02:57:15 pm by bosox1001 »

  • CDW
  • Hero of Waygookistan

    • 1783

    • June 15, 2011, 01:22:09 pm
    • Banned
Re: How to Quit?
« Reply #5 on: February 24, 2014, 09:00:32 pm »
Article 98:
"If a punitive reduction in wages for a worker is stipulated in the rules of employment, the reduction amount for each infraction shall not exceed half of one day’s average wages, and the total amount of reduction shall not exceed one-tenth of the total amount of wages at each time of wages payment."

Re: How to Quit?
« Reply #6 on: February 25, 2014, 09:08:56 am »
That clause is BS...totally pathetic and laughable. ;D. As someone else said, just get your last pay and GTFO. Oh, and you aren't a criminal because you broke a contract. It is a civic matter. You can quit your job anytime you want.