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No letter of release: The nightmare begins
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PeterDragon



Joined: 15 Feb 2007

PostPosted: Mon Jul 02, 2007 3:53 am    Post subject: No letter of release: The nightmare begins Reply with quote

My school just reneged on their promise to give me a letter of release tomorrow. I am supposed to start my new job in two days. They say they are refusing to give me a letter of release on the grounds that I was a poor employee, and on the grounds that they feel that my contract says I am not allowed to leave the contract early for any reason. They still haven't given me my last paycheck. The English language version of my contract says I am allowed to leave the contract early as ong as I pay them back for airfare, which I have already agreed to do. (Like I had a choice, but still...) My recruiter said he'll go to bat for me tomorrow if they don't relent. In the meanwhile, is there any kind of hotline I can call? My main leverage is their refusal to give me health insurance for the last three months.
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xtchr



Joined: 23 Nov 2004

PostPosted: Mon Jul 02, 2007 4:03 am    Post subject: Reply with quote

Not sure; maybe the Labour Board. Phone 1350, ext 7 for an English speaker.

Good luck with your situation.
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dmbfan



Joined: 09 Mar 2006

PostPosted: Mon Jul 02, 2007 4:53 am    Post subject: Reply with quote

Quote:
My school just reneged on their promise to give me a letter of release tomorrow. I am supposed to start my new job in two days. They say they are refusing to give me a letter of release on the grounds that I was a poor employee, and on the grounds that they feel that my contract says I am not allowed to leave the contract early for any reason. They still haven't given me my last paycheck. The English language version of my contract says I am allowed to leave the contract early as ong as I pay them back for airfare, which I have already agreed to do. (Like I had a choice, but still...) My recruiter said he'll go to bat for me tomorrow if they don't relent. In the meanwhile, is there any kind of hotline I can call? My main leverage is their refusal to give me health insurance for the last three months.


Yikes Shocked

Well, you need your pay. So, don't go anywhere until you receive it. Also, did you get anything in writing in regards to the L.O.R.?

Not allowed to leave the contract for ANY reason? I would have laughed in their faces.

Keep you cool (trust me on this one) and be preapred to go to the Labor Board. Does the school pay into National Pension? If not, you have something in your favor.

Good luck.

dmbfan
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Mon Jul 02, 2007 5:45 am    Post subject: Reply with quote

Sounds like they'll try to make you buy your way out. Letter of release, or last paycheck. you might have to choose. Maybe the director or whoever at the new job could step in on your behalf?


good luck
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garykasparov



Joined: 27 May 2007

PostPosted: Mon Jul 02, 2007 6:12 am    Post subject: Re: No letter of release: The nightmare begins Reply with quote

PeterDragon wrote:
My school just reneged on their promise to give me a letter of release tomorrow. I am supposed to start my new job in two days. They say they are refusing to give me a letter of release on the grounds that I was a poor employee, and on the grounds that they feel that my contract says I am not allowed to leave the contract early for any reason. They still haven't given me my last paycheck. The English language version of my contract says I am allowed to leave the contract early as ong as I pay them back for airfare, which I have already agreed to do. (Like I had a choice, but still...) My recruiter said he'll go to bat for me tomorrow if they don't relent. In the meanwhile, is there any kind of hotline I can call? My main leverage is their refusal to give me health insurance for the last three months.


Your school is not required to provide you with a letter of release. If you don't have your letter of release you can't get a new job. Your employer is making things difficult for right now. As far as your last paycheck, call 1350 and wait until you hear the directions in English. The Labor Office will force your employer to give you your pay. You will have to prove your employer DID NOT pay you. BEFORE you walk into the Labor Office make sure you have the proof. Bring your paystubs, payslips, bankbook, labor contract, alien registration card, and passport. All your hagwon owner has to do is say, "I paid him and I have witnesses."
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Tony_Balony



Joined: 12 Apr 2007

PostPosted: Mon Jul 02, 2007 6:39 am    Post subject: Reply with quote

I wish I were you. Korea is lame. Go to Vietnam.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Mon Jul 02, 2007 6:51 am    Post subject: Reply with quote

What's this letter of release BS? That's the lamest thing I've ever heard. To me, it sounds like a formality. Like proof that you don't work there anymore. I don't see why it's up to the employer to ensure you don't work until your contract would've been up.

It would seem that it's up to immigration to decide whether you can start another job or not. Not your boss.

I think many of you are under the wrong impression about this letter of release nonsense. I know it's some sort of rule, but...

Your employer didn't pay your health insurance the last 3 months. Did they cancel it? Did they do your pension properly? Did you check that? Seems to me that you could go to the labor board and state your reasons. Do the same with immigration. Tell both why you left and that you haven't been paid for your last month yet. Tell immi that you'd like to start your new job asap. No reason why you should have to jump through hoops.
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newintown



Joined: 01 Jan 2007

PostPosted: Mon Jul 02, 2007 6:59 am    Post subject: Reply with quote

yingwenlaoshi wrote:
What's this letter of release BS? That's the lamest thing I've ever heard. To me, it sounds like a formality. Like proof that you don't work there anymore. I don't see why it's up to the employer to ensure you don't work until your contract would've been up.

It would seem that it's up to immigration to decide whether you can start another job or not. Not your boss.

I think many of you are under the wrong impression about this letter of release nonsense. I know it's some sort of rule, but...

Your employer didn't pay your health insurance the last 3 months. Did they cancel it? Did they do your pension properly? Did you check that? Seems to me that you could go to the labor board and state your reasons. Do the same with immigration. Tell both why you left and that you haven't been paid for your last month yet. Tell immi that you'd like to start your new job asap. No reason why you should have to jump through hoops.


totally agree with you, but i suppose the release letter is insurance for schools that teachers don't jump ship as soon as something better comes along. i absolutely HATE my current position, and stand a good chance of getting a much better job in the next few months. however, i'm 100% sure my school are going to make it as difficult as possible for me to leave. from day one the have messed me about. pay 3.5% tax, no pension, and they have made random deductions from my pay as & when they choose.
what i'm trying to work out is how i can best negotiate getting out of their evil grasp so i can put it all behind me.

OP, i really hope things work out - let us know.

does anyone know if theres a way around the release letter?
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Mon Jul 02, 2007 7:06 am    Post subject: Reply with quote

newintown wrote:
yingwenlaoshi wrote:
What's this letter of release BS? That's the lamest thing I've ever heard. To me, it sounds like a formality. Like proof that you don't work there anymore. I don't see why it's up to the employer to ensure you don't work until your contract would've been up.

It would seem that it's up to immigration to decide whether you can start another job or not. Not your boss.

I think many of you are under the wrong impression about this letter of release nonsense. I know it's some sort of rule, but...

Your employer didn't pay your health insurance the last 3 months. Did they cancel it? Did they do your pension properly? Did you check that? Seems to me that you could go to the labor board and state your reasons. Do the same with immigration. Tell both why you left and that you haven't been paid for your last month yet. Tell immi that you'd like to start your new job asap. No reason why you should have to jump through hoops.


totally agree with you, but i suppose the release letter is insurance for schools that teachers don't jump ship as soon as something better comes along. i absolutely HATE my current position, and stand a good chance of getting a much better job in the next few months. however, i'm 100% sure my school are going to make it as difficult as possible for me to leave. from day one the have messed me about. pay 3.5% tax, no pension, and they have made random deductions from my pay as & when they choose.
what i'm trying to work out is how i can best negotiate getting out of their evil grasp so i can put it all behind me.

OP, i really hope things work out - let us know.

does anyone know if theres a way around the release letter?


There is no reason why you should have to put up with that *beep*. A letter of release is not something that can be used to keep you there or from finding another job. Period. I don't care what anyone else says about it.

Have you approached them about their evilness? I'd be screaming in their ears. Fk them.
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newintown



Joined: 01 Jan 2007

PostPosted: Mon Jul 02, 2007 7:31 am    Post subject: Reply with quote

i've sought clarification on this a few times. even posted on esl law but didn't get the answer i was hoping for as i posted as they changed onto a new forum?

i am pretty certain the release letter is essential. its the greatest thorn in my side at the moment.
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PeterDragon



Joined: 15 Feb 2007

PostPosted: Mon Jul 02, 2007 10:14 am    Post subject: Reply with quote

I have not had health insurance for three months because I have been here for three months. They have refused to give it to me at all. I can prove that with my two pay stubs, which show no insurance deduction. My recruiter is willing to corroborate to the immigration board that I wanted insurance and was refused it.

My recruiter, a Korean citizen who has been working"the business" in Seoul for about a decade told me earlier this evening that a letter of release may only be withheld if the school is choosing to press criminal charges or sue me in civil court--- otherwise I am legally permitted to be released, and immi will allow me to work elsewhere.

He told me to relay that information to my supervisor. I did. She shouted to me that "Contract ends when WE say it ends!" And then said snidely "Can you just quit whenever you want in America with no consequence? I don't think so!" I told her I'd go to immigration tomorrow if she didn't give me the LOR, and that I'd mention the lack of health insurance. She replied that they didn't give me health insurance because they were "unsatisfied" with my job performance. She said she'd "love to" go to immi with me tomorrow and tell have them "sort it out". I told her I was up for it to. WHile this was happening, the actual owner of the Hgwon began to get worried and made a phone call.

2 hours later the owner (not the director) called me and told me that if I am willing to come into work tomorrow and copy, coallate and assemble the worksheets my replacement teacher will be using this month, she will write me a letter of release on the spot. She also told me I am "stupid" "the worst employee I've ever HAD!!!" and that it is an "injustice" that I now get to go to a better job at a public school. She added that I will most certainly fail at my new job, as I am "completely incompetent". But she has promised me a letter of release and my paycheck, minus 680,000 KRW for my flight. My recruiter says to call him tomorrow if there is any trouble, and he will talk to them or show up at the school in person if need be.

On an unrelated note, many of my students today took me aside to wish me the best of luck and told me they will miss me. A few of them even asked me to keep in touch.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Mon Jul 02, 2007 10:46 am    Post subject: Reply with quote

Thas light! Yew bad!! No heals insulance fo yew!! Yew bad emproyee!!
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oxfordstu



Joined: 28 Aug 2004
Location: Bangkok

PostPosted: Mon Jul 02, 2007 5:03 pm    Post subject: Reply with quote

PeterDragon wrote:
And then said snidely "Can you just quit whenever you want in America with no consequence? I don't think so!"


Haha -- he's obviously never been to America, because that's exactly what you can do. I've had many MANY jobs in America, and there were never any consequences when I quit.

Good on you for going to a public school - it is sooooo much better; it will be like heaven for you. Why anyone would work at a hagwon is beyond me.
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newintown



Joined: 01 Jan 2007

PostPosted: Mon Jul 02, 2007 5:18 pm    Post subject: Reply with quote

is there a way around LOR? could i/prospective employer pay off present employer for one?
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PeterDragon



Joined: 15 Feb 2007

PostPosted: Mon Jul 02, 2007 6:31 pm    Post subject: Reply with quote

Newintown--- From what I've been told in this situation, there can be a way around an LOR--- an employer needs actual legal grounds to not release you. You can appeal their decision to immigration. All contracts are legally required to have a clause that allows you to leave your contract early in exchange for certain concessions. Usually those concessions are a refund of your plane ticket in part or whole if you've been there less than six months, and perhaps the return of a housing deposit. (In my case all I need is the plane ticket.) Often times a recruiter can convince your new employer to buy out your contract--- especially if they don't have to fly you here anyway. It's best to negotiate something tricky like that through a recruiter though. But yes, legally you CAN quit. If you decide to go this route, PM me, I can refer you to some VERY good recruiters and tell you your most likely options for a new empoyer.

"Haha -- he's obviously never been to America" She. My boss is a woman. And for the last three months, anytime I do or say something she disagrees with, she snidely asserts that I should ALREADY see things from her point of view since knows for a fact that in America, things work EXACTLY THE SAME as Korea. And no, she's never been there.
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