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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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malori
Joined: 17 Mar 2003
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Posted: Fri Aug 15, 2003 12:44 am Post subject: Letter of Release |
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I work for a hogwon and recently gave my letter of resignation, per my contract, giving 2 months notice. I have been there for 4 months. The school does not have any clearly posted or communicated rules and regulations and I constantly kept getting told to follow rules. Coincidentally, that comes when I follow the rules or lesson plans dictated to me by the korean teachers and a parent calls to show their dissatisfaction, which I also too communicate but don't get listened to. And also coincidentaly, the school has lost about 50% of students in a very short period of time--even since prior to my arrival. I found out that the parents aren't always just calling to complain, just trying to understand (in much the same way I am). But every time I ask what the rules are, no answer is clearly given. And the rules that are clearly posted in my contract are not followed by everybody to begin with; yet, I still abide by those rules. They also keep suggesting that I have an "attitude" because I make sure that they stick to the terms in my contract. This week I brought in a witness and translator to attempt to get clearer understanding of what the rules were. The director did not say much afterwards. He merely stated that he would think about each point I made. Then, I was given a Letter of Reprimand. The Letter of Reprimand was worded to accept responsibility for ambiguous and loaded accusations (and none were relative to teaching; I have always demonstrated consistency in teaching and have generated visible positive results) . If I signed the Letter of Reprimand and Letter of Apology (showing regret for actions I didn't commit), I would in effect, be accepting responsibility for those actions . If I did not sign it, I would still be accepting responsibility and would be fired for failing to comply with the signing of the letter. I wasn't even aware of such a letter. In over 20 years of working, I have never been reprimanded in such a manner. I could only speculate that the school wanted me out because I knew too much about Korean Labor Laws, and are possibly looking for a scapegoat for the anticipated ruin of the school...should the drop rate keep occurring as it has. I was okay with losing the return airfare, security deposit, last month's rent, etc. (which I later found out, shouldn't have been included in the contract to begin with).
So, I have a few questions if anybody could help. I tried looking at the Korean government web sites and EFL-law.com; but couldn't find clear answers.
I have enough evidence to support that the school clearly violated my contract and labor laws; so will try to get a Letter of Release to try to work elsewhere in Korea; especially since I have tried to comply with the terms of my contract and chose not to do a "midnight run" since I haven't done antying to begin with. Eeek! What a nightmare!
Does anybody on this site have experience with this, or heard of anybody who has gone through this process? I will draft a Letter of Release to give to the director (in English and Korean) on Monday, and hope he will sign it; (but don't anticipate that he will) so will follow the labor department guidelines and bring it to their office which may take 3 months to make my grievances known. That's okay. I'm patient. And, if the teachers here in Korea keep opting to take the easy way out, nothing will ever get remedied.
Worst case scenario, I will do something else in the States and come back in 8 months when my visa time expires; or I will find employment in Japan. I know I have to show up at Immigration with my employer within 14 days (US citizen), and then have 14 days to leave the country. But, can I go to Japan for 1-2 days and come back as a tourist? Can I keep doing this, or is there a limit--stay 30 days, leave Korea for 1-2 days, come back, etc.? I just want to stick around to process this...more about principal at this point then anything else.
Any input would be great. Thanks. |
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kiwiboy_nz_99
Joined: 05 Jul 2003 Location: ...Enlightenment...
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Posted: Fri Aug 15, 2003 12:57 am Post subject: |
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I don't know the answer off hand but I know EFL-law has an option to email them with a specific question. They were pretty good about getting back to me. |
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waterbaby
Joined: 01 Feb 2003 Location: Baking Gord a Cheescake pie
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Posted: Fri Aug 15, 2003 1:26 am Post subject: |
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Wow! Lot of info to process there. First of all, get in touch with [email protected] Send them an email, copy what you wrote here to them and they'll give you some good, solid, free legal advice.
If you have been working for less than six months, your boss can technically fire you without notice... so just be cautious there... even if your contract states 30 days, he can fire you without notice if you've been working less than six months. So even if he fires you on Monday - you don't have 30 days salary for the forthcoming month coming to you ... unless he doesn't know this loophole! Shhhh... I'd be surprised if there are any hakwon owners well versed in the law as it relates to us foreign teachers & our places of employment!
So you don't have to worry about what to write & include, here's a copy of the std letter of release on the EFL-Law website:
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Letter of Consent to Release Foreign English Teacher
Name of Teacher:
Nationality:
Passport No.:
Address:
Telephone No.:
The above-person has been working at our school/academy from __________ to _______________ in the position of Foreign English teacher. We hereby give our consent to the transfer of said person to work for another English school/academy.
Dated: _____, 2003
Name of English Academy
Address of School
_______________________________
Representative
/SEAL/
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Does Immigration know that you resigned? You don't always need a letter of release if Immigration are satisfied that your employer has been a *beep*. And you say you have proof of contract violations - that's good.
Not sure about the comings and goings of an American. Only 30 day visitor visa? that's tough. But yeah, you can go to Japan and return the same day, I think as often as you need to.
Good luck and keep us posted. |
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BTM
Joined: 20 Jan 2003 Location: Back in the saddle.
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Posted: Fri Aug 15, 2003 3:23 am Post subject: |
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You made your boss lose face, he took his revenge. Same old story.
My sympathies, but trying to deal with Koreans the way you'd deal with employers back home will bring nothing but grief. Of course, you're already aware of that, and my repeating it probably does nothing but annoy, so I'll shut up now. |
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Mankind
Joined: 18 Jan 2003
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Posted: Sat Aug 16, 2003 8:17 am Post subject: |
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As per request.
Most of Waterbabies info is correct (corrections below). However, I would suggest that what you consider breaches the contract and what maybe considered that in Korea, could be different. If they promise you something like, an apartment with a great view, and give you one, looking at a wall, or a clean apartment and it's a mess, you're likely not going to get much help. Just a warning, so that you don't get totally frustrated. But if it's over work hours, or things, like that, than people should listen (although with immigration you can never tell).
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But, can I go to Japan for 1-2 days and come back as a tourist? Can I keep doing this, or is there a limit--stay 30 days |
You can actually fly over and get on the next plane back (wait till you see the strange looks the flight crew gives you). If you're American, look into a tourist visa. I think it lasts a couple months. Would give you more time to work things out if you need it.
Corrections
Waterbaby wrote:
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If you have been working for less than six months, your boss can technically fire you without notice... so just be cautious there... even if your contract states 30 days, he can fire you without notice if you've been working less than six months. So even if he fires you on Monday - you don't have 30 days salary for the forthcoming month coming to you |
What I got here, says that: An employer, shall give advanced notice to worker, of at least 30 days, prior to dismissal to protect the employee from finacial difficulties. Length of work time, does not matter.
The Exceptions to the above, are if you have been penalized by your employer first. One of the penalties is a letter of admonishment (verbal or written). There is no guide however, as to how much of an affect that this will have on payments made. But the employer must prove that the admonishment is true to use it as a defence. It is the labour board that decides this, not immigration, so you have a chance if its all B.S. The admonishment must also show that you caused grave damages or showed negligence on the job.
HAND |
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Catalina
Joined: 11 May 2003 Location: Bella Italia
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Posted: Sat Aug 16, 2003 8:53 pm Post subject: |
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Hi Malori,
Email EFL-Law with your specifics - you have some questions that you need answered.
I had problems with my employer at the four month mark and tried to get a release letter - NO GO. My problems were not severe enough to get have labour board to release me from the contract (I was told I would be teaching elementary school stuff and I am teaching kindy, also offered a uni job and wanted to take it but again, a better opportunity for wayguk was not grounds for release). Keep in mind that I was at the four month mark and did not want to be fired with no recourse so I decided to stay at the hagwon.
After this my relationship with the school was rocky. Now I have had new contractual obligation problems (they don't follow it and I do). I am 4 days away from my 6 month mark in the contract. I will be firing with both barrels (Immigration and labour board) on the 6 month + 1 mark. Complaints to the labour board and 30 day notice and signing my own release letter if necessary. I plan to leave Korea until the original work visa expires if that's what I have to do.
OK, OK but the point of my post is that in trying to get my original release letter I did have a friend translate the EFL Law site's letter into Korea. PM me and I will send it to you if you need it.
It's a total pain to learn that all the knowledge that we have for dealing with employer back home doen't do squat here. Negotiating anything here is difficult if not impossible.
Are you keeping a written record (a little diary or something) of all the issues/compalints/contract violations? If not, jot something down and keep it (and a copy) somewhere.
Best of luck. I want to know how it turns out.
Catalina |
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Mankind
Joined: 18 Jan 2003
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Posted: Tue Aug 19, 2003 1:37 am Post subject: |
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I wrote
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An employer, shall give advanced notice to worker, of at least 30 days, prior to dismissal to protect the employee from finacial difficulties. Length of work time, does not matter. |
Just confirmed this. I was wrong. They need to give you no notice before the 6 month mark. The above only works for the training program (3D).
HAND |
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Squid
Joined: 25 Jul 2003 Location: Sunny Anyang
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Posted: Tue Aug 19, 2003 4:14 am Post subject: |
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I must reiterate the words of Catalina- Keep records, that is to say keep a written record of your own, which should include the date and time of an incident and those present.
In my experience dealing with employee matters any evidence, even scribbled on a piece of scrap paper, is invaluable in allowing people whom want to help do so.
I hope your situation turns out for the best.
Squid |
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