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Korean Job Discussion Forums
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discostar23
Joined: 22 Feb 2004
Location: getting the hell out of dodge
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 Posted: Wed Mar 10, 2004 11:50 pm Post subject: Leaving your contract early |
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Just wondering what happens if you want to leave your contract early because you are in a shitty school?
Can you still work in Korea? I don't want to have to leave korea but my contract is driving me into the ground.
Is there any way you can break your contract because the employer is not following it? What is the deal?
Also does it matter if you have an E2 visa?
you help would be greatly appreciated |
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just because
Joined: 01 Aug 2003
Location: Changwon - 4964
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| Posted: Wed Mar 10, 2004 11:55 pm Post subject: |
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Since you are so early into your contract then no it can't be broken. If memory serves me correctly you have to work 6 months before you can get a release letter(could be wrong).
You can't work in Korea if you break your contract as you need a sponsor, hence she is your sponsor.
Having an E2 visa(as the majority of us here do) does not matter.
Tough up boy  |
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wylde
Joined: 14 Apr 2003
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| Posted: Thu Mar 11, 2004 12:32 am Post subject: |
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| Since you are so early into your contract then no it can't be broken. If memory serves me correctly you have to work 6 months before you can get a release letter(could be wrong). |
dunno bout this.. i left with a letter of release earlier than 6 months
i'm sure you can quit anytime you want but you will probably be liable for your aeroplane ticket being that you have only worked there a short time.
it is important to get a letter of release if you want another job though. after your boss tells immigration you have ceased employment you get 2 weeks to leave and return on another e2 or a tourist visa.
if ya have a bit of cash to support you during your transition this will be easy.
in order to ensure you get a letter of release from your employer it would be a good idea to give him/her notice and stay until he/she finds a replacement teacher. this way, you should get a letter of release and also a good reference saying that you are responsible and cared about the boss and the school.
i should have first suggested that you sit down with your employer and discuss any problems.... who knows, maybe the outcome will be in your favor. at least explain that you want to leave and why, also mention you will be willing to stay until another teacher is found.
this would be the best way rather than the hassle of trying to prove the owner is breaching the contract.
good luck |
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sadsac
Joined: 22 Dec 2003
Location: Gwangwang
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| Posted: Thu Mar 11, 2004 5:28 am Post subject: |
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| What does your contract state regarding your leaving or them terminating your services. If the position is that untennable, give your notice as per your contract and then look for another job. Letter of release is still a matter of dispute with many of us on the board. I have never had one, but have never had problems securing work. Once you have completed your period of notice and leave the school, your E2 is invalid and you must get a new sponsor, ie: employer, or leave the country and come back on a tourist visa. Remember that when you leave, to hand your ARC back to immigration. It is important to check what your contract says. |
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Homer
Guest
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| Posted: Thu Mar 11, 2004 6:01 am Post subject: |
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| sadsac made some very valid points. |
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wylde
Joined: 14 Apr 2003
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| Posted: Thu Mar 11, 2004 6:16 am Post subject: |
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| Homer wrote: |
| sadsac made some very valid points. |
except this -
| sadsac wrote: |
| Once you have completed your period of notice and leave the school, your E2 is invalid and you must get a new sponsor, ie: employer, or leave the country and come back on a tourist visa. Remember that when you leave, to hand your ARC back to immigration. |
you get 2 weeks from when your boss tells immi that you have ceased employment then you must leave. if you have another sponsor in that 2 week period you can return on an e2 visa, if you dont, you must get a tourist visa to come back in.
and,
you dont have to hand in your arc card when you leave, it is requested when you hit immi with the completed paperwork from japan and for the new arc card. but, the handing in of the arc card when you leave
| Quote: |
| is still a matter of dispute with many of us on the board. |
i still have 1 somewhere, they asked where it was and i said i dont know what happened to it with all my moving around.. they said... ok |
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IconsFanatic
Joined: 19 Jan 2003
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| Posted: Thu Mar 11, 2004 8:06 am Post subject: |
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Korea isn't the only country in the world.
Look into Japan, Taiwan, Hong Kong, etc.... |
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Gollum
Joined: 04 Sep 2003
Location: Japan
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| Posted: Thu Mar 11, 2004 4:14 pm Post subject: |
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A letter of release is HIGHLY advisable. Don't believe me? Ask EFL Law.
You can get one at any time. You just need to get it from your employer -- be sure to get the korean ink stamp on it as well (see www.efl-law.com for a legal release).
If you are in the habit of getting a release and leaving jobs on a regular basis, then immigrations also states that they "might not" grant approval to your next E-2. Just a warning from their site.
You can take your chances without one, but given that you only have a short time to secure another job before you have to ante-up for a new tourist visa trip to japan, I'd think you'd want to be sure.
Be smart -- get a release, if possible.
I have major issues with people saying "you don't really need one." I'd call this reckless advice at best. I don't care what your own personal experience might have been -- anyone who has been here for a while knows that one immigration official might do something different than the other.
Also, I'd call the 2-week thing reckless advice as well. If you want to be sure (smart), you need to go to immigrations and get an extention, or find out what pertains to your particular situation. And whatever they say, if they don't update your ARC (alien reg. card) with a little notation on the back, be sure to get the name of the official you spoke with, what they told you, and when the date is you visited immigrations. Again, one officer may say something different than another.
This board is for informational purposes, and can be very helpful, but it is hardly a substitute for the truth. |
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wylde
Joined: 14 Apr 2003
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| Posted: Thu Mar 11, 2004 10:46 pm Post subject: |
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| Gollum wrote: |
| Also, I'd call the 2-week thing reckless advice as well. If you want to be sure (smart), you need to go to immigrations and get an extention, or find out what pertains to your particular situation. And whatever they say, if they don't update your ARC (alien reg. card) with a little notation on the back, be sure to get the name of the official you spoke with, what they told you, and when the date is you visited immigrations. Again, one officer may say something different than another. |
the 2 week thing was from personal experience and i suggested it to somebody else here on the board who also confirmed the same time period after doing their own research... this of course is only if you do leave a position before your e2 or arc expires. if i remember rightly, if you complete your contract you must leave the same day or get an extension.. i am certainly not 100% on the latter.
i have never completed a contract so my information in that area may not be accurate.
also... if you do keep favor with your employer, you can ask him/her not to call immigration for a few more weeks (with the 2 weeks only starting after that time) to give you a chance to find a suitable position before wasting money to do the japan thing. actually, it was my employers idea. i stayed 6 weeks after the last job before doing my visa run and i had no hassles.
when i came in last, after handing in my paperwork to immigration they issued me a new arc that contained new details but i have heard different stories about the arc from different people..
| Gollum wrote: |
| This board is for informational purposes, and can be very helpful, but it is hardly a substitute for the truth. |
i'll certainly agree with that. when it comes to immigration and visas it is good to gather information and then get it all confirmed from the source |
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sadsac
Joined: 22 Dec 2003
Location: Gwangwang
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| Posted: Fri Mar 12, 2004 5:18 am Post subject: |
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Wylde was quite correct in quoting the fact that you do have 14 days from when you finish your term of notice before you must leave Korea. If you are successful in securing another position within that time you still have to leave and return on a tourist visa if the blue paper for your new E2 is not issued within that 14 day period. It is illegal for you to retain your ARC, if you leave the country after completion of a term of a contract and are no longer employed by the visa sponsor. When your E2 is invalidated, so is your ARC and therefore must be handed in when you depart. If you fail to do so, it may have future repercussions. Personal experience with a previous teacher at my old school. Both the director and the teacher were in major trouble.
Wylde this was a quote from me previously:
Quote:
is still a matter of dispute with many of us on the board.
This is regarding the letter of release. I do agree with all those that post, that it is better to have one, than not to have one because every district immigration office interprets the law in their own way. It would be nice if the MOL or Immigation or some such government body could provide us with concise and reliable information regarding these matters. Who knows, maybe one day. |
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wylde
Joined: 14 Apr 2003
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| Posted: Fri Mar 12, 2004 6:05 am Post subject: |
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thanks..
i am not doubting your lack of hassle without a letter of release but.. it will certainly drop many problems if you can supply 1.
you're a good sport sadsac.. cheers bro! |
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