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no letter of release offered, despite honoring contract

 
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elizabethbennet



Joined: 18 Aug 2009

PostPosted: Thu Oct 22, 2009 8:23 am    Post subject: no letter of release offered, despite honoring contract Reply with quote

My husband and I decided to give notice at our institute. We've been there for less than a month, but the conditions were already so bad that we wanted to find a new job. We gave notice yesterday and then today were told that we'd need to be out of our apartment by the 31st (macabre, no?) and we won't be getting a letter of release.

My question is - Can our workplace do this? We made it clear that we would stay and work out the time until they found new employees. We haven't violated our contract.

And - Do we need a letter of release to get a new job or will we be able to do a visa run to Japan if we get our contract terminated and find a new job?

We were hoping to hang out in Busan for the thirty days we get in country after our contract is terminated, in hopes of finding a job for one of us at least.

Our employer is pretty firm on the no letter of release thing. She's claiming it's because we're "unreliable employees" but considering I've never worked harder at a job in my life and my students seem very happy with me, we think it's actually because we questioned her contract and hence, her honor.

Basically, though, has anyone been in a similar situation? What do you do without the letter of release? And, while we're at it, has anyone got a new job? As long as I know what I'm getting into, I'd work pretty much any other job at this point.
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SSA



Joined: 20 Apr 2009

PostPosted: Thu Oct 22, 2009 3:17 pm    Post subject: quit Reply with quote

Im sure you will get much more useful responses than mine.

Firstly as you have only been there a month I don't think your boss is required to give you a letter of release. Also once your notice period is up I don't think you have 30 days in order to leave the country I think it is less and you must still go to immigration.
I don't know about the visa run to Japan part. You might need new documents from home and apply for a new visa from scratch. Also if one of you is working only you will need to organize the other with some kind of spousal visa.

Like I said you will get much more useful responses from others on here but this gives you a bump.
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cdninkorea



Joined: 27 Jan 2006
Location: Seoul

PostPosted: Thu Oct 22, 2009 3:24 pm    Post subject: Reply with quote

From what I understand, they can't fire you for quitting. I'm not sure though; I suggest calling the Labor Board (sorry, don't have their number, but Google it). You're in Busan but a friend of mine said the Seoul Global Center is quite helpful; you could call them too (again, Google).
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tired of LA



Joined: 06 Nov 2006
Location: Seoul

PostPosted: Thu Oct 22, 2009 7:56 pm    Post subject: Reply with quote

Employers are not required to give you a letter of release. I have heard of some people threatening to leave on the spot, leaving the school without a teacher, if they weren't given one; so you can try that if you want. However, I'm pretty sure a LOR would be useless anyways, since you can't transfer your visa. I'm almost positive that you must complete 9 months of your contract to transfer your visa with a LOR. You just need to cancel your visa, and start the process all over again, which means all new documents.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu Oct 22, 2009 9:07 pm    Post subject: Reply with quote

korean immigration will often overlook the 9 month requirement if youre transferring to a public school so it might help to get that letter if you plan to switch to the public system---- but after only one month, I'm not sure they would. as has been said before, they have absolutely no obligation to provide an LOR if they dont feel like it.
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Teddycakes21



Joined: 18 Oct 2009

PostPosted: Fri Oct 23, 2009 12:03 am    Post subject: Reply with quote

OculisOrbis wrote:
korean immigration will often overlook the 9 month requirement if youre transferring to a public school so it might help to get that letter if you plan to switch to the public system---- but after only one month, I'm not sure they would. as has been said before, they have absolutely no obligation to provide an LOR if they dont feel like it.


I've heard of some people getting a release letter upon the signing of a contract, just in case something goes haywire, they will have an option to find something else. Is this common?
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Fri Oct 23, 2009 12:08 am    Post subject: Reply with quote

not a bad idea, but i doubt it would instill confidence in an employer since it gives the appearance that youre already planning your getaway - which is prob why its not a common practice.
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Easter Clark



Joined: 18 Nov 2007
Location: Hiding from Yie Eun-woong

PostPosted: Fri Oct 23, 2009 12:37 am    Post subject: Reply with quote

This thread may offer some insight:

http://forums.eslcafe.com/korea/viewtopic.php?t=138394&highlight=

I had a hard time securing a LOR from my PS (thought I did in the end). ttompatz's advice in that thread may apply to your situation.

Hope this helps!
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Fri Oct 23, 2009 1:21 am    Post subject: Reply with quote

cdninkorea wrote:
From what I understand, they can't fire you for quitting.

Not legally. However, the reality of a situation is likely to differ. In K-land, vindictivness knows no bounds if the resignation is attached to a real or perceived 'loss of face'. I'm speaking from personal experience - watching naive friends resign... and find themselves homeless that very day.

A couple of young, K-ops are not going to believe (or even consider) what a foreigner says when they have to deal to an older, K male.
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brandonlk



Joined: 30 Sep 2009
Location: Bundang, South Korea

PostPosted: Sun Oct 25, 2009 8:49 pm    Post subject: Re: no letter of release offered, despite honoring contract Reply with quote

elizabethbennet wrote:
My husband and I decided to give notice at our institute. We've been there for less than a month, but the conditions were already so bad that we wanted to find a new job. We gave notice yesterday and then today were told that we'd need to be out of our apartment by the 31st (macabre, no?) and we won't be getting a letter of release.

My question is - Can our workplace do this? We made it clear that we would stay and work out the time until they found new employees. We haven't violated our contract.

And - Do we need a letter of release to get a new job or will we be able to do a visa run to Japan if we get our contract terminated and find a new job?

We were hoping to hang out in Busan for the thirty days we get in country after our contract is terminated, in hopes of finding a job for one of us at least.

Our employer is pretty firm on the no letter of release thing. She's claiming it's because we're "unreliable employees" but considering I've never worked harder at a job in my life and my students seem very happy with me, we think it's actually because we questioned her contract and hence, her honor.

Basically, though, has anyone been in a similar situation? What do you do without the letter of release? And, while we're at it, has anyone got a new job? As long as I know what I'm getting into, I'd work pretty much any other job at this point.


What city is the school in? Busan or one near Busan?
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun Oct 25, 2009 9:02 pm    Post subject: Re: no letter of release offered, despite honoring contract Reply with quote

elizabethbennet wrote:
M

We were hoping to hang out in Busan for the thirty days we get in country after our contract is terminated, in hopes of finding a job for one of us at least.

.


There is no such grace period. Go to Immigration and find out when you must leave.
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calicoe



Joined: 23 Dec 2008
Location: South Korea

PostPosted: Sun Oct 25, 2009 10:34 pm    Post subject: Reply with quote

I've been following these LOR threads, because I have been looking at other jobs. Everything is fine at my PS, but I am looking at universities. However, I am not instilled by confidence at how difficult it is to secure an LOR and a good reference, even if deserving. I hate to admit it, but I am feeling slightly pressured by all of this to not resign after the 1st contract, but re-sign and then jump after a polite and/or acceptable interval.

I think they feel that they lose face if you don't resign. I'm not sure what to do. Bummer.
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Gnod



Joined: 21 Oct 2009
Location: Here

PostPosted: Mon Oct 26, 2009 4:21 am    Post subject: Reply with quote

Last year I ended a visa early, and I was only given 14 days to get out of Korea. Double check how much time will be allowed.

Also, I am not saying you are right or wrong in your choices, but you have not really "honored" the contract. You stated that you have worked for less than a month. No doubt this is leaving the people at the school feeling like you used them, and have not given them a chance to prove themselves. No matter how bad the conditions are, this is probably how things look from their perspective. That is why they will probably do everything possible to make things difficult for you.

Call or go to immigration and check your options. If the work conditions were so bad, and you have proof, go to the labor board to see if they have any suggestions.

Good luck!
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lhasa



Joined: 26 Jan 2008

PostPosted: Mon Oct 26, 2009 4:51 am    Post subject: Reply with quote

I was let go from a job after only 10 days due to financial problems....new school didn't open.

Was given a 'Letter of Release' as well as a 'Letter of Explanation'....didn't help at immigration. I didn't have an ARC so transferring was impossible.

Went to the Labor Board to see if they could help me claim salary but was told they couldn't unless I had been working there for over 6 months (varies depending on province)....hagwon owner had left country.

Anyway, LOR isn't going to help you. Cancel your current E2, find a new employer and do a visa run to Japan. Unless this was your first E2, in which case some immi officials will tell you to go back home and reapply (something to do with not receiving an ARC yet).
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