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erickson
Joined: 21 Jan 2009
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 Posted: Mon Apr 06, 2009 5:42 am Post subject: TERMINATION PROCEDURE |
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a) Is a verbal termination sufficient to terminate someone; or must it be in writing?
b) if the employer doesn't cancel the visa, does one need to inform immigration of employment termination anyway?
I wonder whether the E-2 visa remains valid until the employer has it cancelled???
Please someone, help because I have just received a verbal notice of termination from my hagwon owner and I'm at loss as to how to proceed.
Thank you |
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Straphanger
Joined: 09 Oct 2008
Location: Chilgok, Korea
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| Posted: Mon Apr 06, 2009 5:46 am Post subject: |
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| Can I ask under what circumstances you were terminated? If my boss let me go, he'd find me another job first. |
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polonius
Joined: 05 Jun 2004
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| Posted: Mon Apr 06, 2009 10:04 am Post subject: |
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Technically your boss needs to report to immigration within 14 days or so that he has terminated your contract. As he is your sponsor, he will want to sever ties with you. You can go to immigration and say that you have been fired, however, it would be more effective with a written notice. The easiest and simplest way is for both you and your boss to go to immigration together and cancel your visa. At which point you will get a 30 day exit order.
If he doesn't cancel your visa, he can face problems with immigration such as not being issued any more visa issuance numbers. So, it is in his interest to cancel your visa.
Suggest to your boss to go together to cancel it. If he refuses and refuses to give you written notice, go to immigration and tell them you were fired, and didn't receive written notice. At this point they will deal with the situation, as you could be roaming around Korea on a visa issued to someone, and working illegally for someone else. Immigration doesn't want this. |
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Juregen
Joined: 30 May 2006
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| Posted: Mon Apr 06, 2009 2:15 pm Post subject: |
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Are your cancellation terms negotiable?
See if your boss is not cooperative to ease your transition to another job.
I would request a cancellation of your employment in writing with a STAMP on it.
All Koreans have stamps that are more important then their signature. Ask for it. |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Fri Apr 24, 2009 2:14 am Post subject: |
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| What about the criminal record check and medical exam? Do you have to get a new one to get a new visa with another employer? |
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korea.teacher
Joined: 04 Feb 2009
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| Posted: Wed Apr 29, 2009 3:49 pm Post subject: |
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| chachee99 wrote: |
| What about the criminal record check and medical exam? Do you have to get a new one to get a new visa with another employer? |
I'm getting ready to go through the the same process and talked to Immmigration yesterday.
You don't need a crminal background check if you are hired by your future employer while you are still in Korea.
Immigrations Phone Number: 02-1345.
You only have to complete the self medical questionnaire as part of the Immigration document package necessary to apply for your new visa processing number before leaving the country on your visa run.
When you return, I'm assuming you will need a new health check up because you are starting over again. It's the standard process before getting your new Alien Registration Card. |
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Demonicat
Joined: 18 Nov 2004
Location: Suwon
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| Posted: Wed Apr 29, 2009 4:11 pm Post subject: |
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Going through this myself.
So you're saying if we get terminated, we don't have to leave the country and wait out the contract (as in, wait until the date that the contract was originally supposed to end)?
Are there any pitfalls to watch out for? Things like letters of release not being issued, or stamps not being given?
This is all massively useful information- heck, we could use a sticky "So you're being fired" |
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Juregen
Joined: 30 May 2006
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| Posted: Wed Apr 29, 2009 7:54 pm Post subject: |
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| Demonicat wrote: |
Going through this myself.
So you're saying if we get terminated, we don't have to leave the country and wait out the contract (as in, wait until the date that the contract was originally supposed to end)? |
It is a real hassle to terminate the VISA prior to its intended date.
The Owner of the hagwon has to present himself at the immigration office and give reason for the termination.
It is easier to just wait out the end date of the visa and send a fax to terminate the visa.
I don't know exactly what happens when the visa does get prematurely terminated.
| Demonicat wrote: |
Are there any pitfalls to watch out for? Things like letters of release not being issued, or stamps not being given? |
The LOR will make it easier, but not necessary, especially with E-2 visa who did not apply for re-entry, leaving the country terminates your E-2 visa immediately.
| Demonicat wrote: |
This is all massively useful information- heck, we could use a sticky "So you're being fired" |
The problem is that a lot of people actually believe that the owners of the contract "OWN" the visa, but that is only partially true.
I carry the responsibility, but I cannot discard of it in the blink of an eye.
I actually have to prove the reason behind the termination. |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Mon May 18, 2009 7:21 am Post subject: |
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| Juregen wrote: |
The LOR will make it easier, but not necessary, especially with E-2 visa who did not apply for re-entry, leaving the country terminates your E-2 visa immediately.
| Demonicat wrote: |
This is all massively useful information- heck, we could use a sticky "So you're being fired" |
The problem is that a lot of people actually believe that the owners of the contract "OWN" the visa, but that is only partially true.
I carry the responsibility, but I cannot discard of it in the blink of an eye.
I actually have to prove the reason behind the termination. |
Are you saying that if you leave the country your visa gets automatically terminated? What happens if you come back in? Won't you be red flagged because you never gave an Exit Order to immigration?
It sounds like you can just walk out, leave to Japan for a day then walk back in with a clean slate under a tourist visa and start all over again. If this is true, what happens to people who pull runners?
I agree with you on having a sticky on this subject. Man, it is so confusing. |
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