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Is it legal to refuse a request for a Letter of Release?

 
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420bro



Joined: 15 Dec 2006

PostPosted: Mon Nov 23, 2009 2:27 am    Post subject: Is it legal to refuse a request for a Letter of Release? Reply with quote

I am going to call the Ministry of Labor tmw to see if I can get some answers but thought I would try here first. I work for a Univ. and I have signed a two year contract. I am half way through it now, but I am thinking of taking a job at a different University. My current contract states that a LOR will NOT be given under any circumstances. In another part of the contract it states that two months notice is required if I intend to leave the job. There is also some nonsense about monetary penalties for leaving.

Just curious if anyone knows the laws regarding this. Can an employeer refuse to grant an LOR if sufficient notice is given? And, am I really required to give 2mths notice?
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Mon Nov 23, 2009 3:05 am    Post subject: Reply with quote

Yes, they can refuse LOR. There is no law requiring them to provide one.

If you signed a contract that says you must give 2 months notice then you should give two months notice. But don't worry, they'll prob fire you shortly after you give them notice of your resignation.
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thegadfly



Joined: 01 Feb 2003

PostPosted: Mon Nov 23, 2009 3:08 am    Post subject: Reply with quote

I believe if the school fires you, the school is required to give you a letter of release -- if you quit, however, the school is not required to do so.

I know that many schools WILL give a letter of release, even if a teacher quits...it kind of depends on how one goes about quitting. On the other hand, if the contract states that no letter of release will be given, I would assume that no amount of making nicey-nice will get you one.

You can do anything you want, really -- you can honor your contracts or not honor them. You can live up to your responsibilities or shirk them. You can give the agreed-upon notice or you can pull a runner...or anything in between. However, schools can do the same....

Why wouldn't you move to the next university when you have finished your contract? Why would a different university hire someone who will break a contract as soon as something better comes along?
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Mon Nov 23, 2009 3:17 am    Post subject: Reply with quote

They NEVER have an obligation to provide a letter of release unless it is specified in the contract. If they fire you, they are required to give you 30 days notice (or more if specified in the contract) or pay in lieu of notice, cancel your visa and pay you monies owed - nothing else
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420bro



Joined: 15 Dec 2006

PostPosted: Mon Nov 23, 2009 4:33 am    Post subject: Reply with quote

not exactly what I wanted to hear but thanks anyway.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Mon Nov 23, 2009 4:55 am    Post subject: Reply with quote

Why not just wait for your Visa to expire and just not renew it? Your Visa is only valid for 1 year, yes? Your visa can expire, you can get a new one, end of problem...at least visa problems. They could always get your for those monetary penalties you signed up for.
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The_Source



Joined: 09 Oct 2008

PostPosted: Mon Nov 23, 2009 4:51 pm    Post subject: Reply with quote

kprrok wrote:
Why not just wait for your Visa to expire and just not renew it? Your Visa is only valid for 1 year, yes? Your visa can expire, you can get a new one, end of problem...at least visa problems.


Why wait? You can just take a trip abroad to get a new E-2 visa at any time. The problem is, you need to get all of your documents (such as the criminal record check) all over again. That's why it's better to get a letter of release so that you can just transfer the visa and there would be no need to get your documents again. But as a previous poster said, I agree that the employer is under no obligation to provide this.
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CentralCali



Joined: 17 May 2007

PostPosted: Mon Nov 23, 2009 4:52 pm    Post subject: Reply with quote

The LOR requirement is illegal (as in unconstitutional (Korean Constitution) in the first place!
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Manuel_the_Bandito



Joined: 12 Sep 2009

PostPosted: Tue Nov 24, 2009 2:58 am    Post subject: Reply with quote

CentralCali wrote:
The LOR requirement is illegal (as in unconstitutional (Korean Constitution) in the first place!


Oh, well then he can just explain that to Mr Kim at Immigration.
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Boodleheimer



Joined: 10 Mar 2006
Location: working undercover for the Man

PostPosted: Tue Nov 24, 2009 3:48 am    Post subject: Reply with quote

what a username.
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Nov 24, 2009 4:49 am    Post subject: Reply with quote

Manuel_the_Bandito wrote:
CentralCali wrote:
The LOR requirement is illegal (as in unconstitutional (Korean Constitution) in the first place!


Oh, well then he can just explain that to Mr Kim at Immigration.


If he has the time and the resources, he can take it to the courts. That's really the problem with the whole issue: the vast majority of us have neither the time nor the funds to fight. Now if there were some kind of association for English teachers here...
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Tue Nov 24, 2009 10:56 pm    Post subject: Reply with quote

CentralCali wrote:
Manuel_the_Bandito wrote:
CentralCali wrote:
The LOR requirement is illegal (as in unconstitutional (Korean Constitution) in the first place!


Oh, well then he can just explain that to Mr Kim at Immigration.


If he has the time and the resources, he can take it to the courts. That's really the problem with the whole issue: the vast majority of us have neither the time nor the funds to fight. Now if there were some kind of association for English teachers here...



There is...it's called ATEK. Laughing
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Kryten



Joined: 10 Nov 2008

PostPosted: Wed Nov 25, 2009 8:43 am    Post subject: Reply with quote

I'm pretty sure there's no need for a LOR anymore. I've read a bunch of people on here have gone to immigration, said they've been fired, and asked to have their visa's canceled (and received an exit order). Others have asked that it be canceled while handing over their ARC's at the airport. Then they proceeded to successfully acquire another E2 visa.
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