OK, so it’s my own stupid fault for signing it but how was I supposed to know the school was this dodgy after all I found the job through a reputable company  – Thanks for that i-2-i!

Anyway just to give those of you who want to marvel at my naivety in taking this job the information below should provide you with some entertainment. But first some background as to how I came to discover this. Recently I have been thinking about leaving my job but discovered that some people have been locked up for doing the midnight run. Knowing that my contract was laden with clauses about paying back money etc.. when I leave I decided to post on a message board that offers advice on points of EFL law. The gem below is what I discovered (the Quote’s are from the original message I posted):

Quote: the contract states that if I leave for personal reasons I will only receive 70 per cent of my salary for my remaining time in Korea. Can they legally do this?

Absolutely NOT.

Quote: The contract then goes on to say that I must work until a replacement is in position.

Wrong again. Once you give your 30 days notice, for example (your contract may stipulate more than 30), and the 30 days have passed… you leave. Simple as that and they can’t stop you. If you resign, you should be giving Immigration a copy of your resignation letter ASAP anyway, as a precaution in preventing the boss ffrom claiming you did a runner. Plus, you need to get an exit order from them.

Quote: The contract also says that if the school wishes to dismiss me for breaking my contract of if I wish to leave because the school had broken their part of the contract either party is only required to give two weeks notice.

If the contract states you must give 2 weeks notice, then give 2 weeks. However, the Labor Standards Act stipulates that companies must give a MINIMUM of 30 days notice or 30 days pay in lieu. The clause in your contract says they only need 2 weeks notice is void. They must give 30 days.

Quote: How would I stand legally as giving this as my reason for leaving? And thus only two weeks notice?

Lie. Family emergency.

Quote: Lastly under the termination of contract clause the contract says that I have to pay “up to” 1 million won for the cost of replacing me plus I will “forfeit any accumulated but unpaid salary” and that the school will receive its reimbursement for the costs by keeping any earned but unpaid salary.

No, no, no, no. This is SO wrong that only a call from Labor will get the boss straightened out on these points. Penalty clauses are unenforceable and breach Labor laws. They can’t penalize you 1 million won, they can’t penalize you by only paying 70% of your salary, they can’t take away any unpaid salary to date. Make sure you call Labor before you resign and get them on your side FIRST.

Quote: This is very ambiguously worded and doesn’t make a lot of sense! Does this mean that if I have worked eight months I have to give one months notice of how I intend to pay the bills and I don’t have to pay the million won?

Sounds to me like if both conditions were met (worked 8 months, give one months notice) then the penalties are waived, except for the replacement costs (which they still can’t do…. call Labor)

And the moral of the story: NEVER get a job through i-2-i and thoroughly check out any contract before you sign it.

* Posted by j150vsc on 09/04/2007.