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advice needed

 
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Treefarmer



Joined: 29 May 2007

PostPosted: Thu Jun 21, 2007 7:01 am    Post subject: advice needed Reply with quote

my girlfriend finishes her contract (with a hoagwon) in a couple of weeks, but she agreed to stay for an extra month so they could sort her replacement out, now they want her to stay for another 2 weeks

this sounds dodgy to me, but she's worried about her severance pay etc

what advice would you give?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jun 21, 2007 7:06 am    Post subject: Re: advice needed Reply with quote

Treefarmer wrote:
my girlfriend finishes her contract (with a hoagwon) in a couple of weeks, but she agreed to stay for an extra month so they could sort her replacement out, now they want her to stay for another 2 weeks

this sounds dodgy to me, but she's worried about her severance pay etc

what advice would you give?


If she is on an E2 she should MAKE DAMN SURE that her ARC was extended. She CANNOT overstay her ARC.

She is only entitled to severance for the full year worked. If the employer refuses to pay up, file a complaint with the labor board. There is no partial severance.

They CANNOT make you stay beyond your contract and they MUST pay out your severance, etc. on completion of your contract.

AND

Yes, it sounds like a dodgy employer to me.
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Treefarmer



Joined: 29 May 2007

PostPosted: Thu Jun 21, 2007 7:18 am    Post subject: Reply with quote

that's what i thought, they are being total fuckers

another question, the visa says it expires on the 28th of June, but the contract runs till the 9th, I don't think this is a problem at all, but can someone confirm this?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jun 21, 2007 7:25 am    Post subject: Reply with quote

Treefarmer wrote:
that's what i thought, they are being total *beep*

another question, the visa says it expires on the 28th of June, but the contract runs till the 9th, I don't think this is a problem at all, but can someone confirm this?


contract expires on the 9th of june or july?

If her ARC ends on the 28th of June and the contract ended on the 9th she is fine.

If her contract runs till JULY 9th she MUST get down to an immigration office and get an extension.
Failure to do so will result in a delay and fine when she tries to depart.

She will need some paperwork from her boss for a contract extension:
A copy of his Business registration
A Guarantor form signed by him and with the school's stamp.
Copy of the contract or extension with end dates clearly indicated.

Her ARC, her passport, an application and 30k won.

She can get a short extension by simply showing an exit ticket but she is NOT allowed to legally work on it.
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Treefarmer



Joined: 29 May 2007

PostPosted: Thu Jun 21, 2007 7:31 am    Post subject: Reply with quote

ttompatz wrote:
Treefarmer wrote:
that's what i thought, they are being total *beep*

another question, the visa says it expires on the 28th of June, but the contract runs till the 9th, I don't think this is a problem at all, but can someone confirm this?


contract expires on the 9th of june or july?

If her ARC ends on the 28th of June and the contract ended on the 9th she is fine.

If her contract runs till JULY 9th she MUST get down to an immigration office and get an extension.
Failure to do so will result in a delay and fine when she tries to depart.

She will need some paperwork from her boss for a contract extension:
A copy of his Business registration
A Guarantor form signed by him and with the school's stamp.
Copy of the contract or extension with end dates clearly indicated.

Her ARC, her passport, an application and 30k won.

She can get a short extension by simply showing an exit ticket but she is NOT allowed to legally work on it.


ok sorry i wasnt clear

her E2 visa says it expires on the 29th of June

but the contract doesn't expire until he 9th of july

i don't understand how this can be her fault since the visa for a 1 year contract and immigration has a copy of this, so how did they endorse it if it's going to make her illegal for 12 days????

thanks for your help by the way
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jun 21, 2007 7:40 am    Post subject: Reply with quote

Treefarmer wrote:

ok sorry i wasnt clear

her E2 visa says it expires on the 29th of June

but the contract doesn't expire until he 9th of july

i don't understand how this can be her fault since the visa for a 1 year contract and immigration has a copy of this, so how did they endorse it if it's going to make her illegal for 12 days????

thanks for your help by the way


When the visa is issued it allows a period of sojourn (period of stay within the country) of 1 calendar year from the date of entry.

I assume that for some reason the employment didn't start for a couple weeks AFTER she entered Korea so the contract end date does NOT match her entry / exit date.

If she was doing "orientation" for those 2 weeks then the employer beat her for 2 weeks of work.

She DOES need to go to immigration and get an extension
OR
she faces delays, a fine and a black mark in her immigration file (that may come back to haunt her if she seeks employment here in the future).
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Treefarmer



Joined: 29 May 2007

PostPosted: Thu Jun 21, 2007 7:47 am    Post subject: Reply with quote

ahh, we've worked it out, thanks again for all your help Smile
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