I have been working at a middle school through BMOE since March, 2009. I was recently offered a university position here in Busan, which put me in a tricky situation. Long story short, I accepted the university position and gave BMOE and my school the 30 days notice required to terminate my contract early.
. . .
So, yeah, everything was looking good. That is until someone at BMOE took it upon themselves to contact the Director at the university and to tell them that they should not hire me because I was 'breaking a contract' with BMOE! The university subsequently contacted me and withdrew their offer of employment. So now, I have given my notice to terminate my contract for a job that I am no longer being offered.
Wonderful! Thanks a lot, BMOE. You've been very helpful!
On the one hand, the teacher followed the contract and gave the proper amount of notice for ending it early. The EPIK contract, adopted by districts in many parts of the country but not necessarily by the Busan Metropolitan Office of Education, says in Article 6 Section 2:
그러나 만약 피고용자가 불가피하게 고용기간 중도에 사직할 경우에는 최소한 30일 전에 사직하고자
하는 일자와 사유를 서면으로 고용자에게 통보하여야 한다.
This contract is binding unless the Employee gives thirty (30) days written notice of termination (stating a planned date of resignation and reason(s) therefore) to the principal of the Employee's main school as well as the Superintendent of the Office of Education.
On the other hand, how ethical is it to end a one-year contract nine months early in order to take another job?
We've all heard about contract funny business by schools and employers, and know from both experience and guidebooks that contracts in Korea aren't treated the same way they are in the west. That said, contracts in Korea aren't as meaningless as they are in, say, the NFL, and we don't read about employers terminating contracts one-quarter of the way in because they found someone better, or cheaper.
22 comments:
Good points. I had almost an identical situation. Working on an EPIK contract, offered a better uni job. But I said no. Honoring my contract will score me more points with the karmic gods. Also, the Uni was impressed that I was honoring my contracts and have tentatively offered me a position for February when my curent contract is up.
Of course it's ethical; it's as ethical as anything else specifically provided for in the contract.
Do you feel guilty accepting the specified salary? No? Then you shouldn't feel guilty about exercising your right to leave. You aren't a slave.
The same thing happened with my friend in 2005 when he worked for Incheon.
The school contacted all of the universities that he applied for and told them that they couldn't have him.
As for me. I'm losing my job of the last 5 years because the new principal wants to replace me with a gyopo.
There have been major budget cuts in the English program in all public schools and I've been told by every recruiter so far that it will be a problem to find a job in a public school now because no schools want to pay the high salary level of a level S teacher.
My friend, who has been a teacher for SMOE for the last 20 years told me that the board of education is phasing out native teachers over the next 3 years, seemingly starting with the most “qualified”. .
I've been looking for public school jobs for the last 1 and half months now and I've not even managed to get an interview.
If you get a good uni job then I'd say take it. There seems to be much less security working for public schools at the moment.
By definition, in this case, terminating the contract following the procedure set up by it, is ethical.
What else is there to argue?
Just handed in my notice on Monday. I should have been, but wasn't, prepared for the hoohah and shaking of heads and what not that came from the principal. "Impossible" she said in between sucking air in between her teeth, but by Tuesday morning my co-teacher said it was fine and I would get a release.
I have to agree, Public schools are not what they used to be in terms of perceived security and pay. To offer someone with 5 years experience the same amount of $$ as someone fresh off the plane really leaves me with doubts as to whether Korea wants English taught or not.
The status quo keeps things in (relative) check. So long as there's no reason to look for something new, or for the employer to complain to the point of looking for someone new, life goes on.
I'd say take the new job - contracts are meant to be honored until terminated, which the person did. As for the school that called the new school? SHAME - but why did you tell them where you're going? That's none of their frackin' business.
I don't quite understand how it could be considered unethical to quit a job early as long as you follow the terms of a contract, including giving proper notice.
At my last job I was two months into my third two-year contract when I gave notice. The purpose of the contract was not to lock either the employer or me into a specific period for employment, but rather to lay out the obligations of both the employer and employee. The Korean government also requires a contract in order to issue a work visa.
I understand that teachers have an obligation to their students but they also have an obligation to ensuring their own happiness and prosperity.
What the aforementioned teacher's former boss did WAS unethical and underhanded. In many countries it would also be illegal.
Damn, two Brians again.
Interesting points by everyone here, and on the Dave's thread. I'm still not sure where I stand. I can understand employers being upset when teachers leave early, but as long as they follow the contract by giving proper notice, I guess it's okay.
I like the idea of visa portability, where the E-2 isn't tied to a single employer. Maybe a possible solution is to not have contracts for a fixed term, like most jobs back home. That would require a level of trust, though, that I don't think is appropriate for the English education racket in Korea.
This is a good discussion. I'm not sure how I feel either, about wanting to fulfill contracts. It would be nice from the teacher's point of view to have flexibility in changing schools, but having teachers come and go all the time is probably a major pain in the ass for the school, since the school has to decide what to do with the apartment that is left behind. In most cases the school would probably just keep paying rent on it, but the principal would probably resent having to pay rent on an unoccupied place. Also if said teacher was involved in any kind of after school classes, the school would have to call the parents of the students in those classes and offer alternatives or refund the money.
Also if the school gets a new person the school has to prepare for that. All that said, though, people should have the right to get out of bad situations, or just work jobs that they might find more interesting.
I think similarly to Brian#2. If you are required to sign a contract to work in the country, and the length is always for 12 months, you're setting yourself up to break a contract.
If a teacher arrives in Korea in June and signs a 12 monther, then uni's a PS are hiring in March/Sept. he'll break a contract.
You don't want to be working at the same place forever, just because your visa renewal falls at a bad hiring time.
Stafford, you are in Bucheon aren't you? is it a middle school? I'm still looking for a middle school job starting in September.
I'd also like to point out that the funding given to the schools for having a native speaker teacher has dropped from 40 million a year to 30 million a year, which is just enough to cover a level 3.
The salaries for level 3 and level 2 teachers have actually gone up in some cases of an extra 300'000 won a month, whilst the salaries of the higher level teachers have stagnated for the last 7 years at least.
My school has been spreading the official story of why I will be no longer working for them. They have been telling the teachers and students that I'm quitting of my own accord to do an MA, which I find quite insulting as I've had to cancel my MA application because I've just lost my job.
portable visas will never happen. to do so would require a decoupling from free housing and the either the abolition of the key money system or ghetto-style complexes for foreign teachers. the loss of free housing would also require a bigger pay check. none of these things are going to happen in Korea. at least not anytime soon.
You can get transferable visas these days. You just need a letter from your current employer approving the transfer.
My friend's public school have also agreed to allow him to work part time in a hakwon, which has also been signed and approved by immigration.
I guess that's as good as it gets.
Isn't that the argument FOR E-2 portability 3gyup? If I leave my position for something I can get that I perceive as better then someone else can slide into my position because they perceive it as better than their current job.
Isn't that the nature of a free-market economy?
I mean... the kid's education is somewhat at stake, but not if you leave between semesters.
Did the Dave's poster foolishly let his employers know where he was going? Even in North America where employers are a little more mature about these things, I would still NEVER give an employer information about my new position.
Live 'n' learn, I guess.
"On the other hand, how ethical is it to end a one-year contract nine months early in order to take another job? "
If the contact allows a reasonable exit, like a reasonable notice period, then it is ethical insofar as it's tit for tat. I have never known any business to consider the employee's needs if it needs to make cuts. If a business no longer needs your services, you're gone. Done. The company doesn't look back. Employees, hence, owe their company no loyalty if no loyalty is given. It's business. Pure and simple.
I believe the correct English translation of the contract clause in Korean stated above is "This contract is binding unless the Employee has an unavoidable reason or reasons(normally meaning medical or family related emergencies) to fulfill the contract and gives thirty (30) days written notice of termination (stating a planned date of resignation and reason(s) therefore) to the principal of the Employee's main school as well as the Superintendent of the Office of Education." I believe English translation of the contract clause is not correct and misleading. Normally in Korea, or any other countries in the world, when it comes to contracting, local language versions prevail because courts will have better understanding on local legalese.
From the Labor Standards Act:
Article 39 (Prohibition of Interference with Employment)
Anyone shall not prepare and use secret signs or lists, or have communication for the purpose of interfering with employment of a worker.
Sounds like someone broke that particular law. I'd make an issue of it.
There's a school I want to work at - a perfect fit - that only hires for positions that start in March. My EPIK contract runs for a year starting in August. I've tried getting a job between semesters, but they just don't have anyone bailing on them. I've asked EPIK for a six month contract, and they say no. I really don't know what my options are, aside from going home for six months, which is financial suicide for me.
Is it really unethical to inform everyone what's going on ahead of time, follow the procedures in the contract, and pay the penalty to the tune of 700,000 won? I'd really like to avoid feeling like the bad guy here, especially because they'd be able to replace me without a hiccup at my schools (being between semesters), which to me is the most important point.
It's tough, S. I was in a similar position, and wanted to sign a six-month contract from August through February in Jeollanam-do, where I had been working the past three years. I told my school and the district about my circumstances---wanted to re-sign, but needed time off for my brother's wedding so couldn't do an entire year---but was told it was "impossible." I think "impossible" just means nobody knew what to do and nobody cared enough to look into it.
But, a few people recommended I sign a one-year contract and just give notice half way through. I guess according to the terms of the contract it would have been fine, but I would have felt bad doing it.
The last time I looked at Universal Declaration of Humans denounces slavery. It also advocates free choice of employment:
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
These maybe just ideas, but we know that most governments and most people denounce slavery. To work at a place against your will, is pure and simple slavery.
The Korean labour code allows an employee to cease being an "employee" with an particular employer if that employee gives 30 days notice. That is the LAW, not just a contract stipulation. Just as an employer has a right to get rid of you for just cause, so does an employee has a right to call it quits as provided he gives proper notice. A contract is not a one way street for the benefit of the employer only. Even the Labour Law's stated purpose was to protect the BOTH and make the two parties equal. An employee is exchanging his labour for employer's money, so they are both are presumed to be equal theoretically.
What pisses me off about the case of the teacher wanting to go to a university is sheer gall the former employer. To say that one is "breaking" a contract when he is only exercising a legal right is laughable and just plain ignorant. In the States the school would have been sued for tortious interference if he had given notice to the former employer and signed a contract with the university already.
The freedom to contract is one of the fundamental human right. But a contract does not make us into indentured servants or slaves, only to be let go when the master says.
I forgot to mention that a contract does not supersedes the law. Mike Juneyoung might be correct in his translation of the contract clause, but the law does not say that anything about being allowed to end the contract relation only because of family problems or the like.
Usually a contract is to stipulate rights above those the law grants. An employer cannot give less than the law provides. What good is the law then?
It is important for us to know the law as well as our contracts, because for hell sure many employers do not.
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