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MaestroCantus

Joined: 29 Jul 2007 Location: Seoul
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Posted: Sun Oct 12, 2008 4:41 am Post subject: How long must I wait to legally certain that I can get LOR? |
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OK, I think that I'd like to find a better job ASAP.
My contract claims that I should be paid on the 1st of every month. Verbally, I accepted that my boss pay me on the 10th (a few days late is better than never!).
However, this month, he said that he could not pay me on time . . . I was supposed to be paid on October 10th.
How long must I wait to be certain that I can legally get a LOR? I really want to look for another job, but I don't want to fully apply until I'm certain that I can get out of this contract.
I read somewhere that it's 14 days after your contracted date, and then you can go somewhere to complain . . . the person said that if this issue happens again, you can get a LOR.
But, what if your boss cannot pay you when the organization on the first warning? Can I get an LOR, or must I wait for 2 months of no pay? . . . I really hate not knowing when I'll be paid.
Please, no Korea-bashing posts . . . I'll do that myself if I come to that point --- I just want legal advice. |
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kprrok
Joined: 06 Apr 2004 Location: KC
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Posted: Sun Oct 12, 2008 4:45 am Post subject: |
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Because LsOR are basically illegal in themselves, I don't think they are "legally" required to give you one.
Best bet, call immigration after you've notified the labor board about your problems. See what they say. Get everything in writing with contact info for whoever tells it to you. |
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MaestroCantus

Joined: 29 Jul 2007 Location: Seoul
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Posted: Sun Oct 12, 2008 4:51 am Post subject: |
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Are there any websites for these, or emails? Or, perhaps buildings?
My boss gets my cellphone bills, and I don't want them to know what I'm up to . . . . I've been told it's best not to say anything in advance. |
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jadarite

Joined: 01 Sep 2007 Location: Andong, Yeongyang, Seoul, now Pyeongtaek
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Posted: Sun Oct 12, 2008 4:55 am Post subject: |
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In the end, you'll need a LOR. Might as well work out a deal with your school now. You won't get anywhere without it. |
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Zaria32
Joined: 04 Dec 2007
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Posted: Sun Oct 12, 2008 5:00 am Post subject: |
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THere's no "legal," or other, requirement for a school to give you an LOR. It is entirely up to the school...they can withhold it for any reason whatsoever. Work something out... |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sun Oct 12, 2008 5:01 am Post subject: |
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There is NO legal requirement for your school to give you a LOR or release you early from your contract.
Your options are:
a) stay where you are and pray for the best.
b) find a new job, quit your old one. Go immediately to immigration and tell them you quit (and tell them it was because you were NOT PAID - it really helps if you have the paperwork from your labor office claim). INSIST on an exit order (you have 30 days to leave the country).
Have your new boss submit all the documentation to immigration for your new visa confirmation number (CRC, degree, transcripts, etc).
You will need ALL the same documentation that was required for your 1st visa.
Do your visa run. Start your new job.
c) find a new job. Go to immigration with your old boss and new job specifics and paperwork (I will post the list below). Transfer to your new job.
NOTE: this only works if you have worked more than 9 months at your current job (although there have been exceptions).
1. Change of employer / work location application
2. Passport and your Alien Registration Card
3. New contract
4. Sponsorship Certificate (from new school)
5. A copy of Certificate of School / Business Registration (from new school)
6. Processing Fee
7. Old boss (in person) to release you from your current sponsorship.
Ministry of labor website:
http://english.molab.go.kr/english/
Call 031-345-5000(English #7, use a pay phone or a friend's phone if you want.
PS: cell phone bills do NOT include local calling information on them.
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Last edited by ttompatz on Sun Oct 12, 2008 5:04 am; edited 1 time in total |
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jadarite

Joined: 01 Sep 2007 Location: Andong, Yeongyang, Seoul, now Pyeongtaek
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Posted: Sun Oct 12, 2008 5:04 am Post subject: |
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You don't need your old boss to go with you. I did this in September and a LOR was sufficient. But yes, you do need 9 months for option C. |
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MaestroCantus

Joined: 29 Jul 2007 Location: Seoul
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Posted: Sun Oct 12, 2008 5:08 am Post subject: |
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OK, I've only been here for 3 months now. I assume I'll have to reapply for a visa if I end up quitting.
What are the documents needed for that, again? I think I brought them with me, but if they require multiple copies (or a document that I did not bring), I might have to get my parents to send more from home. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sun Oct 12, 2008 5:16 am Post subject: |
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MaestroCantus wrote: |
OK, I've only been here for 3 months now. I assume I'll have to reapply for a visa if I end up quitting.
What are the documents needed for that, again? I think I brought them with me, but if they require multiple copies (or a document that I did not bring), I might have to get my parents to send more from home. |
CRC (apostilled or embassy notarized),
2 sealed transcripts,
original degree (or apostilled copy of same),
resume,
4 passport sized photos,
copy of your passport information page,
contract from new employer.
. |
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