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They won't let me leave - what can I do?
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Mody Ba



Joined: 22 May 2003

PostPosted: Sun May 25, 2003 3:02 pm    Post subject: Listen to Dan's Advice...Ignore SCSA Reply with quote

Dan Sebold's advice is right on the money.Ignore SCSA.The way those people treated you(all too common at some of the "schools" Rolling Eyes in Korea) ,you owe them NOTHING.Take care of yourself.Just do your homework and try to get a better job before you come back,so this does not happen to you again.Best of luck. Smile
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waterbaby



Joined: 01 Feb 2003
Location: Baking Gord a Cheescake pie

PostPosted: Sun May 25, 2003 4:23 pm    Post subject: Re: So I can't get a new job... Reply with quote

itchy wrote:
You can quit and leave whenever you like. The proper way to do it is to file 30 days notice with immigration that you are terminating your contract. You can do this without permission from your school. Once your contract is terminated, you have 5 days to leave the country. You can then come back on a new E-2 visa and work for a new school. If you just leave without filing your 30 days notice, you will not be able to work in Korea again until your current E-2 visa expires.


You need a letter of release from your original sponsor in order to obtain another E2 visa, if your current E2 hasn't expired. You can't just get another one, even if you file your notice to immigration. Wish it were that easy, folks...
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Squaffy



Joined: 25 Feb 2003
Location: All over the place

PostPosted: Sun May 25, 2003 4:34 pm    Post subject: Re: Such a derisory tone.... Reply with quote

[quote="Emma Clare"]
Quote:
Mandi100: might help your cause a bit if you could elucidate upon your circumstances a little.

Good luck, from a fellow Brit.


Was thinking the same - need any help Mandi - have a few Korean friends who could help you if need be. PM me if so.
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Anda



Joined: 16 Jan 2003
Location: South Korea

PostPosted: Sun May 25, 2003 6:45 pm    Post subject: Um Reply with quote

Um you can change jobs without a release from your boss but you have to give two months notice through immigration.
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Harvard Material



Joined: 25 Feb 2003
Location: Seoul

PostPosted: Sun May 25, 2003 7:17 pm    Post subject: Held hostage...conflicting advice. Reply with quote

Mandi100...you must contact the Labour Board in your district. 1st step. What are your reasons for leaving? Breaches of contract? Unpaid hours, no health insurance, improper tax deductions? You will need to explain that during your appointment.

Many hakwon owner's/management, obviously, don't like handing out letters of release. Acceptable reasons for quitting are few and far between, as far as the owner/management are concerned. Especially suspect hakwons.

Don't worry about the recruiting fee. Recruiter usually gets paid between a month and 3 months after you arrived for work. Don't refund that money. The airfare? I would agree to that, but it's your decision to juggle around.

If the school doesn't give you a letter of release, Immigration/Labour Board will give you basically the same thing; provided you have a legitimate reason(s) for wanting to quit. Your boss can't refuse issuing a letter of release, but they do it regardless. I've seen people pay for letter's of release! You end up spending money to secure a position at a better school, but if any reference contact is made you can bet your ass it won't be positive. Don't pay anything for it, if the institute makes you that offer.

You don't have to wait for the previous visa to expire. You have to cancel it. You can get permission to work elsewhere from the proper authorities, but it will take a bit of time, and most likely a translator. Just be sensible, patient and calm.

SCSA is on the hakwon's side exclusively. I remember him/her from the old forum. Nobody here knows why you want to quit, but it's a Labour Board/Immigration issue. That is where you get it resolved.

If the Law states 30 days written notice is required to quit, you give 30 days written notice. The Labour Code/Law is what matters, not the written contract. Your contract could state you are required to give 365 days notice. Doesn't mean you have to comply. You have to comply with the written Law, and so does the owner/management.

Go to www.hagwonreport.com for the tel: numbers and English Labour Laws/Code.

I'll pm you some more info soon. Hand in your written notice, contact the Labour Board and get this behind you.

Good Luck!
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PatrickSiheung



Joined: 21 May 2003

PostPosted: Sun May 25, 2003 7:52 pm    Post subject: Reply with quote

Edit: delete

Last edited by PatrickSiheung on Mon May 26, 2003 7:03 pm; edited 1 time in total
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itchy



Joined: 28 Jan 2003
Location: Busan

PostPosted: Mon May 26, 2003 1:49 pm    Post subject: Reply with quote

]][][]

Last edited by itchy on Mon Jun 05, 2006 3:41 pm; edited 1 time in total
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itchy



Joined: 28 Jan 2003
Location: Busan

PostPosted: Mon May 26, 2003 1:52 pm    Post subject: Re: So I can't get a new job... Reply with quote

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Last edited by itchy on Mon Jun 05, 2006 3:42 pm; edited 1 time in total
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Aremus



Joined: 13 Apr 2003

PostPosted: Mon May 26, 2003 3:02 pm    Post subject: Reply with quote

I said I'm of the opinion that a contract should be honoured, not that upholding the contract is a legal necessity. Without getting into the nitty gritty of it, the contract between the teacher and the school does not supercede Korean labour laws, but amends them for that particular situation. This means the exact same thing for both the teacher and the employer: the terms of the contract are held 'in good faith' and while breaking the contract is not illegal, it does violate the spirit of the contract and can be seen as a violation of the labour laws. Can you go to jail? No, unless the violation also breaks criminal law in Korea. Can you be sued? Depends on the infraction, and the infraction doesn't necessarily also have to contravene labour laws. I don't know what law school you're going to Itchy, but in Canada and the US you cannot break a termination clause lightly. Mitigation circumstances are few and far between; and unless they're stipulated directly in the contract (which I've never seen) only include death of a spouse, illness which requires relocation or a mutually acceptable solution with the employer. Rather moot, as most contract jobs don't generally end with the employer trying to leave. Military positions are an exception, but I'm not familiar with that area.
This is in no way ment as an attack on you Itchy, but I hope it helps with your courses Smile
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Aremus



Joined: 13 Apr 2003

PostPosted: Mon May 26, 2003 3:13 pm    Post subject: Reply with quote

Oops, I apologize, I misread your statement and thought you were saying that an employment contract wasn't considered a legal document; ie. that it wasn't enforcable, which of course is wrong. Easily cleared up of course: Termination clauses are rarely put in most business contracts because generally the employee wants to keep his/her job, and there is no reason to force him/her to stay. When a termination clause is written into an employment contract it is always enforced, (though as I said, it does not legally supercede the labour laws of whatever country) regardless of the proffession. So singers and athletes are not exceptions, their just prominent jobs which would have a termination clause. Another, more mundane example would be a typical apartment super; generally a super will have a termination clause written into the contract because the apartment legally requires a super to operate, and you can't really stop operation. Smile Sorry again for misreading your post.
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mandi100



Joined: 24 May 2003

PostPosted: Tue May 27, 2003 7:22 pm    Post subject: Thanks! Reply with quote

Thanks to everyone for all your help,

Mandi
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itchy



Joined: 28 Jan 2003
Location: Busan

PostPosted: Wed May 28, 2003 2:38 pm    Post subject: Reply with quote

[][[]

Last edited by itchy on Mon Jun 05, 2006 3:43 pm; edited 1 time in total
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itchy



Joined: 28 Jan 2003
Location: Busan

PostPosted: Wed May 28, 2003 2:49 pm    Post subject: Reply with quote

[][]

Last edited by itchy on Mon Jun 05, 2006 3:43 pm; edited 1 time in total
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itchy



Joined: 28 Jan 2003
Location: Busan

PostPosted: Wed May 28, 2003 3:22 pm    Post subject: Reply with quote

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Last edited by itchy on Mon Jun 05, 2006 3:44 pm; edited 1 time in total
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Aremus



Joined: 13 Apr 2003

PostPosted: Thu May 29, 2003 9:19 am    Post subject: Reply with quote

Good lord! An eight year old could have figured out from the context of the sentence that I ment mitigating circumstances, not mitigation circumstances (which makes no sense.) If you don't believe in penelty clauses I have a suggestion for you: Try not paying your Visa bill for a few months and see what happens. (Don't cite Stiegler at me, this is just an example.) As to the idea that breach of trust lawsuits have never been won, that's a tad bit on the goofy side. The suggestion that an employee does not have to adhere to his/her contract because of unconscionability is rediculous. Couldn't quite figure out why you brought up the Landlord-Tenancy act, doesn't have much to do with Labour laws or contract law. From where I stand you sound like you've learned two concepts and are applying them in areas you havn't fully gotten around to understanding. I really don't want to get into a pissing contest, hence keeping the information simple and hopefully useful to the original poster.

BTW Denning's has been superceded several times, and is very outdated. Ask your prof for some help in citing newer, more current cases.
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