Korean Job Discussion Forums

[Hootsmon]

As I mentioned in my last post (with all the details), I'm trying to get out of my current job as quickly and quietly as possible for a new job starting September 1st. Back on June 5th I gave written 60 days notice, which my manager (not director) signed and dated. I had him sign one for himself and one for me.

My contract...is missing. I don't know how or where and I feel pretty stupid about it. I had it as little as a month ago and then suddenly, gone. I have suspicions it may have been taken from my desk at work but no proof (or real reason to believe that over my own stupidity).

My current employer is still dodging me and seems unlikely to give me a letter of release. She wants me to work extra weeks into August. Plenty of people have said that if she doesn't provide the letter by the end of this week (when my 60-days is due to expire), I should just leave.

Some people have said if I leave, I can just explain my situation to immigration and get my visa cancelled and be clear to get the new working visa for my new job. What I want to know is, does anyone know of any cases where this has actually happened? Will immigration just let me cancel it, even without the hallowed Letter of Release?

I'll have been at my job 10 months, so it's not like I've just stepped off the plane. I've done everything legally, and in the terms of the contract, though it may be a little tricky to prove if I can't get a replacement copy (asked for one, waiting to see if it ever comes from head office).

So yeah...now that I'm approaching D-Day (when I will call my director and tell her she has to provide the letter of release in advance or I won't work a day into August...and wait for the explosion on the end of the phone) I'm getting quite worried about what might happen if she continues to refuse me.

Advice very much appreciated from one stressed out laddie.

[citizen erased]

Personally, I don't think a letter of release serves any real purpose unless you want to transfer to another school using the same visa.

If you quit/get fired immigration must be called and the work visa must be cancelled. Once this happens, I'm suggesting you can get another visa and work anywhere you want.

I was at immigration yesterday (my current situation is vaguely similar) and the very nice woman told me I needed a letter of release. I think she basically has to say this because she works at immigration.

[Katchafire]

Can you mention that you spoke with a 'friend who did the same thing' ... and that they unfortunately had to take their letter of notice to the labour board (is that what it's called?) ... who got involved .... suck in some air, shake your head, look very sorry and explain that you dont want to 'have' to do the same. Perhaps that might put some motivation into your Boss.
From what you've posted, it seems you have done everything legally - and they can't hold their 'need' for you over the law.

Otherwise, it IS only 8 more weeks until your 1 year is over, you'd get your severance (hopefully) .. and you can use this time to keep looking for jobs.

Good luck.

[yingwenlaoshi]

I didn't need a letter of release. That's for my current job I started June 30th. I only worked at my previous job from March until sometime mid May.

[Hootsmon]

Yingwenlaoshi - Don't suppose you could give me one or two other details as to how it went? Was it similar to my situation? Did you quit rather than get fired or the hagwon go under? How did you get everything cancelled - just turn up at immigration and speak to them? Anything you can tell me would be great for settling the nerves.

Gordana - if I was trying to get out just for the sake to go home, I would just hang about and collect but the new job starts September 1st and I very much want to work there. This is the perfect job for me (location, hours, etc) so if I don't get this job, I can't imagine wanting to stay in Korea much longer for anything else.

Citizen Erased - That sounds good but what about all the stories of people doing a runner and being unable to get a new E-2 visa until their old one expired? That's what I'm worried about...my employer somehow convincing Kimmi (through her superior Koreaness, I would assume) that I didn't do everything legally and above board, giving me a black spot and the inability to start my new job, which is even more important to me than getting the money I'm owed. That's a fight for another day. That's what I'm hoping for - confirmation that I can just cancel my visa, without a letter of release, and get a new one a few weeks later.

What's the deal with immi saying you need a letter, though? You trying to stay on the same visa?

Thanks to everyone who gave me an answer so far... the more opinions I hear, the better I feel.

[citizen erased]

I just met another teacher at the school, who was supposed to give me a letter of release. I come out, meet the guy, he buys me a beer. Then he gives me the piece of paper he's got in his hand. And what is it.... a bill for 500K won for unpaid utilities.


Seriously, I don't know how some of the people on here have lasted in Korea so long.

[semi-fly]

[ChinaBoy]

[Hootsmon]

So far, not so good.

Had a Korean speaker call immigration on my behalf. What Kimmi said is that, even though they think my employer is very bad, there's nothing they can do without the Letter of Release. They recommend I negotiate. The only good news what that to change my visa only takes a day...very small silver lining indeed.

The only think my Korean speaker didn't ask was about the legal aspects of cancelling my visa by leaving the country and coming back. Seeing as I've followed the contract and done nothing illegal, I'm hoping that will be the way I can get the new job without a letter of release.

It's not looking good...I really want to be finished on Friday, as I should be, but I may have to hang around a couple of weeks more...

Any other ideas?

[Whistleblower]

Print out a letter of release and demand the boss to sign it, otherwise steal his dojang and use it to sign the letter of release. I think playing hard ball is the best way.

Was your boss receptive to negotiating with the letter of release? How did he take it? You could always call the Labor Board or your future employer and ask them to speak to your boss on behalf of you so that he sorts himself out.

[Hootsmon]

I've been carrying the letter of release with me to work every day (on memory stick) so that if my employer ever turns up (she's usually away somewhere else - the head office is a seperate place) and can make such a demand. As she's never about, I'll have to make the demand over the phone.

When I last spoke to my boss, she was absolutely fine about the idea of giving me the letter but only after the replacement arrives and I finish. I suggested the idea of giving me the letter post-dated but I think she's against that incase the new guy is delayed. That's my worry...that even if she promises to give it to me on a certain date, she'll keep changing the date.

Spoke to immigration again and it sounds like I really need the letter from my president. Or my manager (could come down, as a representative, with me to Kimmi and break the working visa. Sadly, my manage has a spine that's only ever used as a footrest for my boss, so no chance he'd take the initiative to help me.

I think a call to the Labor Board may be in order. First, when I speak to the boss (should be tomorrow) I'll use it as a threat. I'm sure she's got a whole bunch of skeletons in the closet (what hagwon owner doesn't) and probably wouldn't want Labor Board getting involved.

However, don't really want it to come to that. No guarantee that it'll all work out. If I have to hang around an extra couple of weeks, I can do that. I just want some kind of guarantee that it will be no more than a couple of weeks, such as a post-dated letter.

Cheers for your advice Whistleblower...sadly, I'm not sure the dojang is here in the school. Probably at head office, otherwise there's a bunch of chances I could probably use just to work my own magic on it...

[marlow]

[Hootsmon]

Marlow - exactly...

Well, here's the latest...I'm not blogging here, there may be some interesting information amongst all the moaning if anyone is in the same boat as my.

My manager sent me a message today saying they want me to work until August 21st. This is riduclous...three weeks after I should have finished and only a week before I'm due to start my new work. Perhaps not enough time. Plus I really don't want to do it. I had a Korean speaking supporter of mine call them up and give them my ultimatum. If I don't have a letter of release by tomorrow, I'm not going to be here on Monday.

So looks like I may be trying to cancel my visa and get a new one with no letter of release. Now, seemingly the first part isn't much of a problem. You just have to leave the country. The problem is that the employer can call up immigration and report me as doing a runner, even though I gave notice. My Korean representative spoke to both immigration and the Labor Board a bunch of times. Both agree that what she's doing is totally illegal but nobody can guarantee anything.

So, the best thing to do is gather proof. I have my signed, dated letter of resignation from June 5th, 60 days ago (come this Sunday). The Korean teacher at my school, who hates the management as much as I have come to, will also write a letter in Korean stating that I've been a good worker my entire time and that I gave proper notice. Hopefully, in the face of this, even if my employer decides to try and take revenge on me, I can defend it.

Also, it is your employer's duty to provide the letter of release after you finish, provided you followed the contract. So, Labor Board have confirmed that if I make a proper request, they'll investigate it. The Korean teacher has told me she thinks the company has loads of dirty little secrets they wouldn't want getting out (what hagwon doesn't?) so I'm hoping the threat of the Labor Board will be enough to scare my employer into not being a total bitch...or at least, not more of one.

At the moment both my manager and director aren't speaking to me. They're away from the school (at some training thing) today and tomorrow...so, if I don't have my letter of release signed by the end of tomorrow, I guess I'm done here. I never even got to give my ultimatum in person (a lovely, Korean letter giving every demand, negotiation and plan of action in detail) because neither of them have even bothered to come meet me. The arrogance is insulting. My employer thinks just because she says so, I'll ignore the contract and the law and keep slaving away for her...did I mention I teach 13 classes a day right now over 9 and a half hours? That isn't really relevent but, as well as countless lies over the year about another foreign teacher coming, I want to make it clear this isn't their only bit of bad behaviour.

So, what does it all mean? I'm trying to get my head around everything but lets see. If I get the letter of release by tomorrow, I'll say I can hang around until the 14th, but no longer. That would be enough time to organise my new visa. If I don't get the letter, I'm making a visit to immigration first thing Monday, probably immediately followed by a trip to the Labor Board. Then the real fun begins, eh? I have proof I gave enough notice so at the very worst should be able to cancel my visa, get an exit order and arrange my new visa to be processed and go to Japan.

Here's hoping it works out...

[Geoff1111]

I quit my job and managed to get another job without a letter of release.

Basically, you have to leave the country for a long enough time so
that the immigration authorities feel satisfied that you are not taking
advantage of your previous employer.

I left my job at a hogwan and toured SouthEast Asia for around two months. My new employer had to strongly advocate for me to
immigration that everything is okay.

It seems that it is up to the discretion of the individual immigration
agent that reviews your application for a new visa. One officer might say
no and another might say yes.

[PigeonFart]

You said that you "teach 13 classes a day" for "over 9 and a half hours" which you said was not really "relevent."

Yes, it may be irrelevant to the matter at hand (getting an L.O.R., and new visa) however it really does show that you've been a good employee and that they have happily been exploiting your good nature. That's an extraordinary amount of work you've been doing.....not mentioning the lack of break time, and extra preparation time that would go along with that schedule.

There comes a time when in life when you should stop being so honorable. Follow through with what you're going to do...tell the Kuntz your leaving when you said you would....don't be kind and work and extra day, let alone 2 weeks!

Sure, i have not given you much practical advice here like the others did....i don't know much about these things. But your post reminded me of a little boy or girl being bullied in the school yard and being too nice to fight back, while a silent observer watches from the shadows knowing that the bully can be quickly put in his place if only the victim would have the courage to fight back.

Your post made me angry that your good nature is being exploited, so i hope you get some of my anger and it helps you put up a fight! They deserve a good kick in the you know what. May the warrior spirit of Sun Tzu be with you!

It's unfortuante that it had to end like this with your school....but that's just all too common in Korea. Keep us informed.