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release letter
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noelinkorea



Joined: 09 Apr 2003
Location: Shinchon, Seoul

PostPosted: Wed May 05, 2004 4:11 pm    Post subject: release letter Reply with quote

What can I do if my company refuses to give me a release letter? Can I still work in Korea?
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Kristsoy



Joined: 23 Mar 2004

PostPosted: Wed May 05, 2004 7:32 pm    Post subject: ummm Reply with quote

not legally you cant, it's illegal for them to refuse, they think u dont know the law
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UncleAlex



Joined: 04 Apr 2003

PostPosted: Thu May 06, 2004 12:18 am    Post subject: Release Letter Reply with quote

Unfortunately, a Letter of Release is needed to change jobs and apply for
a new E2 visa. However, this specific form of letter or document is seldom
enforced, if not never. This past year I was able to change jobs without a
Release Letter. Here's the trick: Tell your employer that you've decided to
return home after all and won't return until your current E2 visa would have
expired. But tell him or her that you would like a letter that confirms you have
both agreed to terminate the contract after you had properly submitted your
(30) day notice. Your employer's permission for you to change jobs is not
required in this case. Just make sure you have both signed the letter with
your employers red chop on it. If he asks you why you want this letter, just
tell him or her that it's for your own protection when you apply for a new job
after a year or so. You want to be sure that no false accusations are made
about you quitting without giving a proper notice. If he still refuses to sign
this form of letter, advise him that according to Korea Labor Law he must
comply with your request. You may even want to notify immigration about
your departure from the hogwan after 14 days. For if your employer fails to
notify the immigration office that you have left the school before these days
have elapsed, he can be heavily fined. Remember I changed jobs twice this
year without a Letter of Release. Good luck! Cool
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Thu May 06, 2004 5:17 am    Post subject: Reply with quote

The LOR is a defacto document. There is no law that says you have to have one. If your contract is finished and your employer refuses to give you one, then explain that to your next employer. In 3 years here, I have never had immigration ask for a copy of my LOR or any of the teachers who we employed who had come from other schools. I've never gotten one either. When you leave their employ, they have 72 hours in which to notify immigration that your emploment has ceased. Immigration cancel your E2, you then have 14 days in which to leave Korea and upon your departure you hand in your ARC and then come back as a tourist. Smile
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UncleAlex



Joined: 04 Apr 2003

PostPosted: Thu May 06, 2004 6:33 am    Post subject: Termination of Employment Reply with quote

I believe we're talking about the occasion when one leaves before the contract
expires. In this case one cannot receive a letter of approval for an E2 visa
without a letter from his previous employer confirming that both parties have
mutually terminated the contract prematurely. Of course, once someone's
contract expires after its full term has elapsed, he is free to find a new job
and apply for a new visa without any kind of letter from his previous employer.
Cool
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Thu May 06, 2004 8:11 am    Post subject: Reply with quote

Even if a person leaves before the expiration of their contract, the employer must notify immigration of that fact. The sponsorship of that person must be terminated, or the employer is responsible for that individual until such a time as they cancel their E2. If that person is caught teaching or commits any form of transgression, then the employer is liable for compensation and is in trouble with immigration. We had a teacher leave and the director failed to cancel his E2 and he was then caught teaching in another city and the director has been prosecuted and cannot employ foreign teaching staff for a year. He also received substancial fines, as did the teacher, who was also deported. Liability is now being placed on directors and owners to clean up their act. Smile
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Bunnymonster



Joined: 16 Mar 2004
Location: Tokyo

PostPosted: Sun May 09, 2004 12:00 am    Post subject: Reply with quote

So if I wanted to leave gave my notice and had my request for an E2 refused I would still have the right to turn up to work and be paid? I'm very seriously considering trying to change jobs do to enforced overtime which I foolishy left as a clause in my contract figuring it would be 'overtime' and not an increase in contracted hours (I have gained an extra 20 hours a month of overtime for the past 3 months). If I give full notice and do everything by the book can my employer basically go "you don't work for me but you can't work for anyone else?". On a related note if I get fired what happens to my E2 can I hen go and find a new job?? any help would be appreciated
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Sun May 09, 2004 8:44 am    Post subject: Reply with quote

If he terminates your contract, then he cannot stop you from getting a new job, unless he bad mouths you to your new employer. If you resign, then the same applies. You must give a minimum 30 days notice and then serve that period of notice, if he fires you in the interim, he should pay you the rest of the 30 days. Don't hold out for it though. If you don't have an E2 then you are working ilegally and then anything can happen. Smile
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kangnamdragon



Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea

PostPosted: Sun May 09, 2004 6:57 pm    Post subject: Reply with quote

efl-law.com wrote:
If the employer refuses to provide one, you must go to the Labor Office and or Immigration and explain the facts.
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the eye



Joined: 29 Jan 2004

PostPosted: Tue May 11, 2004 12:08 am    Post subject: Reply with quote

Noel...

the rules are not in your favor.
if you want to change jobs, you must get the LOR from your current director and it must bear his personal ink stamp.
if you quit, getting that LOR could be difficult and a great deal of diplomacy will be required on your part.
if you are fired, you have more leverage because your employer is required to tell the immigration office that he no longer employs you. that doesn't mean your director will notify them, however....this is korea.

i am speaking from experience, as i have recently had to bribe an employer to give me an LOR. he had broken the contract, and yet there was no way to cancel my visa his school, despite getting that LOR, or spending months in the korean legal system suing the shit. the daegu labor office told me they were powerless, and the daegu immigration office told me the only way to change jobs was to have the current director accompany me to the labor office with an LOR.

the important thing to remember, is that each district has its own set of guidelines with this LOR business. some require the director to physically go to the immigration office, and some just require an LOR. as one poster mentioned previously, the LOR itself is only a defacto document. the law regarding our contracts is largely ambiguous. the immigration system itself is a collection of morons.

in retrospect, this is the way i wish i handled my situation....considering the director had broken out contract, and refused to give me the LOR.
1. performes my duties but in quite a dry, boring fashion
2. arrive just in time for classes, and leave the school right after....in other words, just teach and get th hell out.

soon, the director would have had no choice but to fire me. in such case, i would have asked for an LOR. if he refused, i would continue to come in and work every day at the same level, until he provided one. even if he called the police, i would just tell them he must stamp a letter of release in order to fire me, and i would refuse to leave until he did so.
i am sure even the sleasiet of directors would not want the presence of police uniforms in their school. the gossip alone would be very powerful against him.
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Gord



Joined: 25 Feb 2003

PostPosted: Tue May 11, 2004 8:34 am    Post subject: Reply with quote

the eye wrote:
i would just tell them he must stamp a letter of release in order to fire me


This is untrue. A letter of release means they agree to no longer sponsor your visa AND agree that you can work elsewhere during the time you were to only be working for them.

Being fired does not automatically earn a letter of release. It simply means you are out of a job.
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freesolo



Joined: 26 Feb 2004

PostPosted: Tue May 11, 2004 6:22 pm    Post subject: sure? Reply with quote

gord, are you sure about that last bit.?

I know if I gave my owner the money back for the airline ticket I would get a LOR.

some of the other posts on here seem to think it's IMMIGRATIONS' DESCRETION on whether i get a followup visa with another school.

not busting your chops, i just don't want to screw myself and have my mates tell me i should kept my mouth closed and sucked it up.
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just because



Joined: 01 Aug 2003
Location: Changwon - 4964

PostPosted: Tue May 11, 2004 6:25 pm    Post subject: Reply with quote

Gord is right.
You have to got the LOR form even if you are fired as you still are tied to that sponsor because immigration had not recieved any formal paperwork.

I heard that if you go to a different region however it usually doesn't show up but I wouldn't bet on it.
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Gord



Joined: 25 Feb 2003

PostPosted: Tue May 11, 2004 6:37 pm    Post subject: Re: sure? Reply with quote

freesolo wrote:
gord, are you sure about that last bit.?

I know if I gave my owner the money back for the airline ticket I would get a LOR.

some of the other posts on here seem to think it's IMMIGRATIONS' DESCRETION on whether i get a followup visa with another school.

not busting your chops, i just don't want to screw myself and have my mates tell me i should kept my mouth closed and sucked it up.


If the employer does not write a letter of release, then one has to deal with Immigration and explain why they should be granted a new work visa before the previous one expired. Depending on circumstance, they may or may not agree to the request.

Showing up with proof that the school was paying late and had lied about the job requirements, then it's likely a new work visa would be granted. Showing and complaining that prep work was expected or that a far higher paying job was offered is unlikely to earn a new work visa. The contractual conditions agreed to for quitting will also fall under consideration. If the employer can show that the emoloyee created problems, then the new work visa is also unlikely to be granted.
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Bunnymonster



Joined: 16 Mar 2004
Location: Tokyo

PostPosted: Tue May 11, 2004 7:25 pm    Post subject: Reply with quote

But what about if you are fired. Can they then not release you from your E-2 as far as I can make out they can keep you in your contract if they wish but then you would be required to (and have the right to) turn up to work each day and be paid for it. Can they actually fire you and effectively ban you from working for the rest of the year??
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