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HOW CAN I GET OUT OF MY CONTRACT?

 
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big shooter



Joined: 26 Mar 2007

PostPosted: Thu Apr 05, 2007 6:51 pm    Post subject: HOW CAN I GET OUT OF MY CONTRACT? Reply with quote

Locked up in a contract, and have a visa for the job until February....

I want out, and I know of a great job I could get starting ASAP...what are my options if I cannot get a release letter?
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ChuckECheese



Joined: 20 Jul 2006

PostPosted: Thu Apr 05, 2007 6:58 pm    Post subject: Re: HOW CAN I GET OUT OF MY CONTRACT? Reply with quote

big shooter wrote:
Locked up in a contract, and have a visa for the job until February....

I want out, and I know of a great job I could get starting ASAP...what are my options if I cannot get a release letter?


Reason?

If your only reason is just to get a better job, do a runner back home.
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big shooter



Joined: 26 Mar 2007

PostPosted: Thu Apr 05, 2007 7:20 pm    Post subject: Reply with quote

Yeah, the reason is just for a better job (more pay, less hours).

What happens with my Visa in that situation though? I cannot return to Korea until it expires? Is there a way around that?
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Adventurer



Joined: 28 Jan 2006

PostPosted: Thu Apr 05, 2007 7:45 pm    Post subject: Reply with quote

big shooter wrote:
Yeah, the reason is just for a better job (more pay, less hours).

What happens with my Visa in that situation though? I cannot return to Korea until it expires? Is there a way around that?



Basically, the general procedure is you hand in your ARC or alien card, you will have to leave the country and go to a third country and stay there for some days. However, if your boss reports that you did a runner, then you cannot take the job. They generally don't, but it can happen. If it does, then you can't work until your visa expires. I am not sure I think it is fair for you to do a runner unless the Korean boss is not good to you. You accepted the job as is, and you signed a contract. I would have done a runner with my last job, but I had several reasons to such as her taking 5 months to get me my health insurance and pension.
There are risks to doing the runner. A friend of mine did one, but she was justified in doing so. Her boss did give her a letter of release but wouldn't go to immigration, didn't honour the notice she gave.

If you give notice, would it be enough time for you take that job? I would send as a poster said a letter of notice saying you want to work somewhere else and give the boss time to find someone. Pulling a runner against an innocent Korean boss is really bad and cold.


Last edited by Adventurer on Thu Apr 05, 2007 8:01 pm; edited 1 time in total
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discostar23



Joined: 22 Feb 2004
Location: getting the hell out of dodge

PostPosted: Thu Apr 05, 2007 7:51 pm    Post subject: Reply with quote

from my understanding your present work must (legally) give you a release letter if you give them the proper notice in your contract. Write a letter to your boss and then send a copy to immigration. As long as immagration has a copy of your letter they will write a release for you. Be careful of the runner advice because your boss could screw you out of working in korea forever.
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kat2



Joined: 25 Oct 2005
Location: Busan, South Korea

PostPosted: Thu Apr 05, 2007 9:00 pm    Post subject: Reply with quote

I did this about 8 months ago. Here is the procedure:

1. Get a letter of release from your current job. Usually this entails giving the notice required in your contract, usually 30 days, and doing some big time sucking up. Your employer is NOT REQUIRED to give you a letter of release. IF they don't want to do it, there's not much you can do about it, and they know that.

2. Take the letter to immigration. Your boss must also come and cancel your visa. You will be given an exit order to leave the country within 14 days. Make sure they stamp your visa in your passport cancelled and staple in an exit order, so you konw that all the correct paper work has been done.

3. After cancelling the above visa, next day your new employer can submit paper work for your new visa.

4. Wait 5-10 working days for issuance number

5. Go on visa run

6. Start work


Now, you do hear of people who immi let slide and get a new visa without the release letter, but its not common.

Also, if your boss is treating you well, don't run on them. They will feel the same way that a lot of teachers feel when we say "but we do exactly as we are told and try to help the school, now they are screwing me?!?!" Just wait for your contract to finish if they are treating you alright.
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big shooter



Joined: 26 Mar 2007

PostPosted: Thu Apr 05, 2007 10:07 pm    Post subject: Reply with quote

Thanks for the info...you guys are right..I think I'm just overreacting after a bad week...I am not thrilled about my new hours, but the people here are good...I guess that counts for a lot..
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kat2



Joined: 25 Oct 2005
Location: Busan, South Korea

PostPosted: Thu Apr 05, 2007 10:09 pm    Post subject: Reply with quote

bigshooter, We've all been there. Have a great relaxing weekend! Hopefully things will be better next week.
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oskinny1



Joined: 10 Nov 2006
Location: Right behind you!

PostPosted: Thu Apr 05, 2007 10:20 pm    Post subject: Reply with quote

If you do pull a runner you are still responsible for paying the school back for your ticket, settling money and the recruiter fee (maybe on that last one). Does anyone know if the school can press charges for theft or anything if they find the runner still in the country?
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happeningthang



Joined: 26 Apr 2003

PostPosted: Fri Apr 06, 2007 9:09 pm    Post subject: Reply with quote

Big shooter aren't you the guy worrying about being ripped off for not having pension deductions for the 4-5 month perod you were working illegally?

If so I'd guess that you've only JUST got your visa, and associated papers in legal order, and now you want to do a runner?.

It sounds to me your employee's been treating you reasonably OK, and your real issue is having to hang around the office a bit longer than you were before. Don't do a runner over a bad week. If that was reason enough I'd be looking for work 11 months out of a year. Your boss hired you when you were illegal, smoothed it over with immigration, treated you pretty well (no boss has ever given me a stipend for a visa run) and now that it's all organised you want to go.

Who sounds the unreasonable one in this scenario? I'm not trying to have a go BS, but those people who pull runners for petty reasons are doing everyone a disservice. Don't be one of them.
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ChopChaeJoe



Joined: 05 Mar 2006
Location: Seoul

PostPosted: Sat Apr 07, 2007 1:34 am    Post subject: Reply with quote

I think my employer asks the title-thread question everytime i pull out the contract to enforce something the school already agreed to.

You signed it; please don't break it. usually you can give 30 days notice to quit; in my contract at least.
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Aussiekimchi



Joined: 21 Apr 2006
Location: SYDNEY

PostPosted: Tue Apr 10, 2007 8:57 am    Post subject: Reply with quote

I have experienced 2 bosses in the last month refusing to sign resignation letters, letters of release and refused obviously to go to any immi office to cancel any visas.
In all cases, the teachers had a horrible time getting new E2 visas after giving the contractually agreed notice.

There is one easy way to combat this.
Get your paperwork in order.
1. Hand in your letter of resignation and state clearly the reasons for not wanting to continue your employment. If there is no breach of contract on the employers part, simply state that you want to seek other employment for personal reasons.
2. Make sure your employer signs the letter and places the school stamp on it.
3. Photocopy the letter and give the boss the copy. You keep the original.

HOWEVER....
if your boss will not sign anything and takes your resignation as a slap in the face...politely accept this and do the following:
1. Photocopy the letter and sign both.
2. Send the letter to the school by REGISTERED MAIL. Keep your receipt.
3. Send the other copy of the letter, a photocopy of your ARC card and passport to the Immigration office by registered mail.

Bosses know that if they do not sign the letter, there is no proof it was ever given. And if there is no proof, you have just done a runner.
Immigration want to see that you did not do a runner and gave the appropriate days notice.

NB: when stating the reasons for leaving, make sure you can prove everything you claim.
If you were not paid on time, show bank records.
If you apartment is awful, take photos.
If you are not being paid for the hours you work, keep records
Ask for pension numbers and medicare numbers.

We have just found out the hardway that all subjective evidence is thrown out with Immi officers.
If your boss is an ass, just say that you are leaving for personal reasons.
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The_Conservative



Joined: 15 Mar 2007

PostPosted: Tue Apr 10, 2007 7:41 pm    Post subject: Reply with quote

discostar23 wrote:
from my understanding your present work must (legally) give you a release letter if you give them the proper notice in your contract. .


No. They don't have to give you a LOR , notice or no.
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