“Navigating Sudden Resignation Requests: A Guide for Foreign Teachers in Korea”
SEOUL – Foreign English teachers in South Korea often face precarious employment situations, with a recent trend of schools unexpectedly asking teachers to resign. This guide aims to clarify the situation for expatriate educators facing such challenges.
Understanding ‘Recommended Resignation’
What many foreign teachers mistake for firing is often a “recommended resignation.” Simply agreeing to leave when suggested may not be considered a dismissal under Korean law. This distinction is crucial, as it affects the ability to claim compensation for unfair dismissal. It’s important to clearly express refusal to resign, allowing for potential legal action for unfair dismissal later.
The School’s Playbook
Schools typically have four options when a teacher refuses to resign:
- Formal dismissal
- Negotiating a resignation settlement
- Continuing employment
- Creating a hostile work environment
Outright dismissal is rare due to legal risks. Schools often prefer to pressure teachers into resigning voluntarily.
Your Rights and Options
- Stand your ground: Refuse to resign and continue working.
- Negotiate: Aim for a favorable resignation settlement and a release letter.
- Document everything: Keep records of any pressure or mistreatment.
Reporting excessive workloads or harassment immediately is advisable, as Korean law strongly protects against workplace bullying.
Understanding Resignation Settlements
Many foreign teachers in Korea are unaware of the possibility of negotiating a resignation settlement. This is different from the standard severance pay that teachers receive upon completing their contracts. A resignation settlement is additional compensation offered by the school in exchange for the teacher agreeing to resign voluntarily.
These settlements can include:
- Additional monetary compensation beyond the standard severance pay
- A positive letter of recommendation
- A release letter (이적동의서) allowing the teacher to change employers within Korea
- Payment for unused vacation days
- Reimbursement for flight tickets or other relocation expenses
The terms of a resignation settlement are negotiable and can vary widely depending on the situation and the teacher’s bargaining power. Teachers who stand firm and show they’re willing to continue working despite pressure are often in a stronger position to negotiate favorable terms.
It’s important to get any agreed-upon settlement in writing before resigning. Teachers should also be aware that accepting a resignation settlement may affect their ability to claim unfair dismissal later.
Mental Health Considerations
The stress of these situations can be overwhelming. Consider your mental wellbeing when deciding how to proceed. Some individuals find it difficult to continue in a hostile environment, even if it might be financially beneficial.
The ‘Salary Lupin’ Strategy
Some teachers adopt a passive resistance strategy known in Korea as becoming a “salary Lupin” (월급 루팡). This term, inspired by Maurice Leblanc’s fictional gentleman thief Arsène Lupin, implies cleverly “stealing” a salary while doing minimal work. While ethically questionable under normal circumstances, some view it as justified when facing unfair treatment.
This approach involves doing only the bare minimum required by the contract, often strictly adhering to work hours and refusing additional tasks. For example, while it may be difficult to refuse teaching a class, administrative work can be limited to contracted hours. Teachers might complete student evaluations and other paperwork only during official work time. If tasks remain unfinished at the end of a shift, they may simply state that working hours are over and leave.
However, this strategy requires careful navigation to avoid giving the school grounds for legitimate dismissal. Documenting all interactions and workload expectations becomes crucial for teachers choosing this path.
Key Takeaway
Maintaining composure is crucial. The less affected a teacher appears, the stronger their negotiating position. Schools are more likely to offer better terms in a resignation settlement if they see that their pressure tactics aren’t working.
For foreign teachers in Korea, understanding these dynamics can be key to navigating unexpected career challenges and ensuring fair treatment in the workplace. Remember, any resignation settlement is separate from the standard severance pay teachers are entitled to after completing their contract.
