Job Discussion Forums

nighthawk · Joined: 12 Feb 2003 Posts: 60 Location: USA

I�m an American working in South Korea. I�ve got some problems with my employer, and I�m thinking about going elsewhere in Asia. I just want to understand my options. In South Korea you get a work visa that lasts 1 year. One of the things that really irks me about South Korea is that if you want to quit your job and get another in SK, then you have to get a letter of release from your 1st employer in order to work legally or you have to leave the country and wait until your 1-year work visa expires before you can reenter. Well, as I�m sure you can imagine, there are a lot of employers that don�t provide these letters of releases like they should, so the teacher either has to put up with his employer�s b.s., try to fight the system legally, which is often futile, or pack his bags and leave the country. Is a letter of release required to change jobs in Hong Kong? Can a teacher just quit a bad employer and start working for a better one? Do you have to leave the country? Basically what I'm asking is what happens if you find out that your employer is a scumbag and you want out? What are your options then?

Also, how common is it to work in Hong Kong illegally? How much do you get fined if you get caught working illegally? How long do they prohibit you from reentering the country if you get caught working illegally? Thanks in advance for the help.

Freddie_Unbelievable · Joined: 06 Jun 2003 Posts: 288

nighthawk,

If you are caught working illegally in Hong Kong you face up to 2 years imprisioment and a $10,000 US fine. But, there is not 'private' work available like there is in S. Korea.

No, there is no need for a 'letter of release' like there is in the land of kimchi.

prplfairy · Joined: 06 Jun 2003 Posts: 102

$10,000 US and 2 years imprisionment? What is this, Midnight Express? I don't doubt that maybe the letter of the law, but has anyone ever even heard from a friend of a friend of a friend of any teachers being imprisoned or fined anything near 10K US in HK? I've been trying for a while to get info on one single first hand case of a teacher being caught working illegally in Hong Kong. I know several people who have been working illegally for years here with absolutely no problems. None. Why is it that the some posters, see my smashing of Roger and co in previous postings, want to propogate this idea that teachers are getting busted and that working illegally on the side or with the wrong visa is some kind of cloak and dagger adventure? I hate to tell the NETs this but its pretty common.

Freddie_Unbelievable · Joined: 06 Jun 2003 Posts: 288

You are correct purple lady. But, that is the max. fine that could be given. Have you checked the small print on your visa lately?

I'm sure if your caught, there will be lawyer fees, a small fine and deportation.

So, why not just get a visa and be a lawabiding citizen of HK!

prplfairy · Joined: 06 Jun 2003 Posts: 102

Fred,

I'm all for getting the visa and I have one. I'm just saying that there are certain situations where working outside the strict letter of the law is not such a terrible thing. If, for example, you are here and have to wait the 6 plus weeks to get your first visa and you need cash then working is not such a terrible thing. Or if you have a visa but are between employers. Or if you have a dependent visa issued after July '03 but can't get a work visa but can get a job. The point is that of course it is better to have a visa but to tell people that they will be be fined 10K and locked up is misleading. Could you get caught? Yes. How? No on has answered that question even though I've posted it several times over the last few months. I don't think illegal work is anyone's first choice but if push comes to shove then I see no reason to stand on formalities when the risk is low and the reward is big.

Freddie_Unbelievable · Joined: 06 Jun 2003 Posts: 288

'but to tell people that they will be be fined 10K and locked up is misleading"

No, you are misleading the readers. It is morally wrong and you become criminally liable if you try to cheat the fine Government of Hong Kong!

Why are you trying to advocate crime and corruption?

Do you think it is OK to swipe a crust of bread if you are hungry, too?

Ger · Joined: 25 Feb 2004 Posts: 334

I think your employer has to provide a letter of release to the Immigration department direct.

Once I was employed by a HK fellow who had an agency and sent people out to schools to teach phonics and literacy skills. Well for me it was legal with an employment visa, but the employer breached the contract by not paying me the minimum salary agreed to in the contract, instead he started to pay by the hour which worked out at less than the minimum agreed to. Anyway, the employer turned out to be troublesome, he wrongly accused me of this, that and the other - the only mistake I had made was to trust him enough to allow him to be my sponsorer. Anyway, this employer beep wouldn't give immigration a letter of release for me and I had to work on the mainland for a year, then I came back into HK under a new employer.

So I think it is pretty much similar in HK as you described it there in SK. The only difference here seems to be that you can give a month's Written notice to your employer to shorten your employment period if you are not happy in the job or find a better paying position with more responsibility and satisfaction.

In your situation, if I were you, I would write out a letter of reference for myself, together with a letter giving a month's notice , hand them to your SK employer and get him to sign and stamp them. Then leave on the scheduled date, with a clear conscience, and more importantly with a letter of reference since you WILL need that here in HK for immigration and your employer sponsorer to see.