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Provence
Joined: 18 Oct 2008
Location: South Korea
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 Posted: Sun Nov 16, 2008 7:30 am Post subject: Breaking contract early |
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I have been seriously thinking about leaving my hagwon for some time now due to many reasons. I have tried negotiating and failed every time. They refuse to let me give my notice and threaten if I leave they will not give me a letter of release. I have already gathered my necessary paperwork to re-apply for a E2 visa. But I had a few concerns before doing this. First should I let a recruiter know my situation? Also how do I explain to my prospective future hagwon or public school that I am currently in Korea? Should I make them aware of the fact I am leaving my hagwon without a letter of release?
Furthermore, I have heard several things about new laws regarding "midnight runners." I have heard that I may have to wait up to one year to re-apply for a E2 visa, is this true? I have only stayed at this hagwon for 3 months and was told that this would be a problem.
Any help or advice would be greatly appreciated. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Nov 16, 2008 8:34 am Post subject: Re: Breaking contract early |
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| Provence wrote: |
I have been seriously thinking about leaving my hagwon for some time now due to many reasons. I have tried negotiating and failed every time. They refuse to let me give my notice and threaten if I leave they will not give me a letter of release. I have already gathered my necessary paperwork to re-apply for a E2 visa. But I had a few concerns before doing this. First should I let a recruiter know my situation? Also how do I explain to my prospective future hagwon or public school that I am currently in Korea? Should I make them aware of the fact I am leaving my hagwon without a letter of release?
Furthermore, I have heard several things about new laws regarding "midnight runners." I have heard that I may have to wait up to one year to re-apply for a E2 visa, is this true? I have only stayed at this hagwon for 3 months and was told that this would be a problem.
Any help or advice would be greatly appreciated. |
Just quit or if you think you will not get paid, walk out the day after payday.
1.) go to immigration with or without your LOR (it is irrelevant).
2.) tell them you QUIT work.
3.) insist on an EXIT ORDER (usually 30 days to leave the country at your convenience).
4.) They will place the exit order into your passport. (This CANCELS your visa and you don't need your boss to do it).
5.) find a new job (ASAP).
6.) Your new boss submits the documents for a NEW VISA application.
7.) he gets the new visa confirmation number.
8.) YOU go to Japan (make sure you don't overstay your exit order) and get your new visa.
9.) you return to Korea and go to work for your new boss.
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dirkdiggler
Joined: 06 Nov 2008
Location: Far from costco
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| Posted: Sun Nov 16, 2008 3:42 pm Post subject: Re: Breaking contract early |
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| ttompatz wrote: |
| Provence wrote: |
I have been seriously thinking about leaving my hagwon for some time now due to many reasons. I have tried negotiating and failed every time. They refuse to let me give my notice and threaten if I leave they will not give me a letter of release. I have already gathered my necessary paperwork to re-apply for a E2 visa. But I had a few concerns before doing this. First should I let a recruiter know my situation? Also how do I explain to my prospective future hagwon or public school that I am currently in Korea? Should I make them aware of the fact I am leaving my hagwon without a letter of release?
Furthermore, I have heard several things about new laws regarding "midnight runners." I have heard that I may have to wait up to one year to re-apply for a E2 visa, is this true? I have only stayed at this hagwon for 3 months and was told that this would be a problem.
Any help or advice would be greatly appreciated. |
Just quit or if you think you will not get paid, walk out the day after payday.
1.) go to immigration with or without your LOR (it is irrelevant).
2.) tell them you QUIT work.
3.) insist on an EXIT ORDER (usually 30 days to leave the country at your convenience).
4.) They will place the exit order into your passport. (This CANCELS your visa and you don't need your boss to do it).
5.) find a new job (ASAP).
6.) Your new boss submits the documents for a NEW VISA application.
7.) he gets the new visa confirmation number.
8.) YOU go to Japan (make sure you don't overstay your exit order) and get your new visa.
9.) you return to Korea and go to work for your new boss.
. |
i thought you were quiting this site bumboy |
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aerialsimulacrum
Joined: 11 May 2008
Location: Space is the place
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| Posted: Sun Nov 16, 2008 4:10 pm Post subject: |
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Ttompatz, in cases where a person breaks a contract without meeting the employer's requirements for an LOR, isn't there a risk that the old employer would put a complaint in one's immigration file to prevent the applicant from getting another visa?
I work for an adult hogwan chain and am thinking of leaving early to go to a public school job. The millions of won I'd have to pay in exchange for getting the LOR, plus the visa issues, make me worried. |
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Easter Clark
Joined: 18 Nov 2007
Location: Hiding from Yie Eun-woong
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| Posted: Sun Nov 16, 2008 4:38 pm Post subject: |
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| aerialsimulacrum wrote: |
| The millions of won I'd have to pay in exchange for getting the LOR, plus the visa issues, make me worried. |
 Come again? |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Sun Nov 16, 2008 5:24 pm Post subject: |
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| aerialsimulacrum wrote: |
Ttompatz, in cases where a person breaks a contract without meeting the employer's requirements for an LOR, isn't there a risk that the old employer would put a complaint in one's immigration file to prevent the applicant from getting another visa?
I work for an adult hogwan chain and am thinking of leaving early to go to a public school job. The millions of won I'd have to pay in exchange for getting the LOR, plus the visa issues, make me worried. |
Complaints don't automatically prevent you from getting another visa, you can always file an appeal and many bosses don't want to bother showing up. Plus most hakwons are breaking the law either in regards to health insurance or paying pension or both, so if worst comes to worst, you can always trade your silence on those issues (or others) for a LOR. |
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Provence
Joined: 18 Oct 2008
Location: South Korea
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| Posted: Sun Nov 16, 2008 5:38 pm Post subject: |
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| I am going to quit but just wanted to clear some things up first. People are telling me different things. For example, someone recently told me that if I leave early I will have to wait 1 year to re-apply for an E-2 visa. Also I want to leave the area, possibly go to Seoul or near Seoul. So I would need another recruiter since I don�t have any contacts in that area. I wasn�t sure if I should tell the recruiter my situation or even tell my future school. I would think they would be curious why I am currently in Korea. I assume it looks bad that I am breaking contract early, or do most hagwons and public schools understand? |
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aerialsimulacrum
Joined: 11 May 2008
Location: Space is the place
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| Posted: Sun Nov 16, 2008 6:26 pm Post subject: |
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| Easter Clark wrote: |
| aerialsimulacrum wrote: |
| The millions of won I'd have to pay in exchange for getting the LOR, plus the visa issues, make me worried. |
Come again? |
Our employee handbook specifies that the reimbursed incoming airfare, visa costs, "recruiting fees", and apartment key money ("apartment vacancy fees") must be refunded in full before an LOR will be supplied. This amounts to several million won.
| TheUrbanMyth wrote: |
| Plus most hakwons are breaking the law either in regards to health insurance or paying pension or both, so if worst comes to worst, you can always trade your silence on those issues (or others) for a LOR. |
I'm thinking of nailing them on not giving me a copy of the Labor Standards Act. |
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Easter Clark
Joined: 18 Nov 2007
Location: Hiding from Yie Eun-woong
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| Posted: Sun Nov 16, 2008 6:30 pm Post subject: |
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| aerialsimulacrum wrote: |
| Easter Clark wrote: |
| aerialsimulacrum wrote: |
| The millions of won I'd have to pay in exchange for getting the LOR, plus the visa issues, make me worried. |
Come again? |
Our employee handbook specifies that the reimbursed incoming airfare, visa costs, "recruiting fees", and apartment key money ("apartment vacancy fees") must be refunded in full before an LOR will be supplied. This amounts to several million won.
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Surely the airfare is only before the sixth-month mark, right? As for key money, are you saying you have to repay the 10-30 million won your employer put down on your apartment? Or just pay one month's rent and utility bills? Which company do you work for? |
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aerialsimulacrum
Joined: 11 May 2008
Location: Space is the place
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| Posted: Sun Nov 16, 2008 6:43 pm Post subject: |
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| Easter Clark wrote: |
| Surely the airfare is only before the sixth-month mark, right? As for key money, are you saying you have to repay the 10-30 million won your employer put down on your apartment? Or just pay one month's rent and utility bills? Which company do you work for? |
Yes, but I have been here only about two months. The work contract says that up to a certain amount of key money will be paid, but in practice what they are willing to pay is far lower and those are the apartments they offer teachers. I doubt it is just one month's rent and bills, as that would be nowhere near enough money for them to strip me of before letting me go. |
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Provence
Joined: 18 Oct 2008
Location: South Korea
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| Posted: Mon Nov 17, 2008 6:19 pm Post subject: |
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| Can anyone recommend a good recruiter that I can work with that would understand my situation? |
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bassexpander
Joined: 13 Sep 2007
Location: Someplace you'd rather be.
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| Posted: Mon Nov 17, 2008 6:28 pm Post subject: |
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Try www.korvia.com
Not sure what can be done in your situation, but I can say that the letter of release issue isn't quite the worry that it once was. From what I've been reading on here, it isn't necessary any more. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Nov 17, 2008 7:41 pm Post subject: |
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| bassexpander wrote: |
Try www.korvia.com
Not sure what can be done in your situation, but I can say that the letter of release issue isn't quite the worry that it once was. From what I've been reading on here, it isn't necessary any more. |
The LOR is ONLY required if you plan to transfer to a new job and keep the same visa.
If you plan to get a new visa (with all that it entails) then you do NOT need a LOR.
In regards to "aerialsimulacrum's" situation, it is a contractual matter.
Be advised that "penalty clauses" in an employment contract are NOT enforceable under Korean labor law BUT repayment of unearned benefits is NOT considered a penalty.
ergo:
They CAN take back the airfare and any settlement allowance they provided you with (assuming it is allowed for in the contract and under the terms of the contract).
They CANNOT legally make you pay for the recruiter or housing costs/deposts, etc.
When it comes to immigration, he who files the complaint first usually has the best ground. You quit and got your exit order because the employer did not provide legally required benefits (like pension, medical, pay overtime, etc). This will usually nullify any claim/complaint the employer may bring forward against you at immigration.
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aerialsimulacrum
Joined: 11 May 2008
Location: Space is the place
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| Posted: Mon Nov 17, 2008 11:49 pm Post subject: |
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| ttompatz wrote: |
In regards to "aerialsimulacrum's" situation, it is a contractual matter.
Be advised that "penalty clauses" in an employment contract are NOT enforceable under Korean labor law BUT repayment of unearned benefits is NOT considered a penalty.
ergo:
They CAN take back the airfare and any settlement allowance they provided you with (assuming it is allowed for in the contract and under the terms of the contract).
They CANNOT legally make you pay for the recruiter or housing costs/deposts, etc.
When it comes to immigration, he who files the complaint first usually has the best ground. You quit and got your exit order because the employer did not provide legally required benefits (like pension, medical, pay overtime, etc). This will usually nullify any claim/complaint the employer may bring forward against you at immigration.
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When I go to immigration and announce that I quit, would it be a good idea to give them a copy of the page in my hagwon's employee handbook which lists their demands required for a letter of release? It's the stuff I mentioned: housing costs and visa related costs. Do you know if that would that be a good enough excuse for me to not have an LOR if I want to stay on the same visa?
Also, do you know if they are less demanding about the LOR and visa run when it comes to someone who is transfering to a public school job? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Nov 18, 2008 2:14 am Post subject: |
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| aerialsimulacrum wrote: |
| ttompatz wrote: |
In regards to "aerialsimulacrum's" situation, it is a contractual matter.
Be advised that "penalty clauses" in an employment contract are NOT enforceable under Korean labor law BUT repayment of unearned benefits is NOT considered a penalty.
ergo:
They CAN take back the airfare and any settlement allowance they provided you with (assuming it is allowed for in the contract and under the terms of the contract).
They CANNOT legally make you pay for the recruiter or housing costs/deposts, etc.
When it comes to immigration, he who files the complaint first usually has the best ground. You quit and got your exit order because the employer did not provide legally required benefits (like pension, medical, pay overtime, etc). This will usually nullify any claim/complaint the employer may bring forward against you at immigration.
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When I go to immigration and announce that I quit, would it be a good idea to give them a copy of the page in my hagwon's employee handbook which lists their demands required for a letter of release? It's the stuff I mentioned: housing costs and visa related costs. Do you know if that would that be a good enough excuse for me to not have an LOR if I want to stay on the same visa?
Also, do you know if they are less demanding about the LOR and visa run when it comes to someone who is transfering to a public school job? |
Labor issues like those ... immigration doesn't care - you contractually agreed to them so you have to fight it out with the labor office.
Immigration will cancel your visa but you WILL be required to apply for a new visa and do a visa run (that your new school will pay for).
Transfer without a LOR WON'T happen.
Take the exit order, apply for a new visa, spend a night in Japan and get on with it. |
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