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The best way to go to a new school?

 
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picadelli22



Joined: 03 Jul 2010
Location: South Korea

PostPosted: Mon Jul 05, 2010 9:35 am    Post subject: The best way to go to a new school? Reply with quote

I have been in Korea for just over 3 months and so far I have had to really haggle with my Hagwon boss to get heath insurance and a pension. I just got them today actually but am still arguing with my boss about my vacation days. She believes that I am not entitle to the 10 vacation days that are in my contract and stipulated by Korean Labor Law.

I live in a tiny apartment with blood on the walls from all the mosquitoes that have been killed by the previous teacher and weren't cleaned off (how hard is it to at least put some paint over it). I have also talked to my boss about this and she said she would handle it but never has. I have to pay for little things like apartment maintenance fee, and a put some money in a pool each month that all the teachers put money into for food in the staff room. I just feel like I am getting screwed over little by little and it just keeps getting worse. I recently discussed my contract with my boss and she admitted she doesn't know anything the contents of the contract because she just signed it and she told me she never even read it.

My friend introduced me to a public school recently and they are interested in me but before they can proceed with the hiring process they need my boss to sign a transfer release form and she won't do it. I told my boss that I would stay until the new job starts in October giving her 3 months to find a new teacher and it would give me half a year of employment at the hagwon. She said she would absolutely not sign it and that I will have to stay for one year.

To make a long story short I am going back to USA on July 28th for my sisters wedding and I was wondering if it would be best to just not return to Korea. My question is would it be okay to apply for the public school position from USA since I need to gather much of the needed documents from the USA anyway and would my visa just be canceled by my employer so could I immediately get a new visa to enter Korea again or would I have to wait until my 1 visa expires to get a new visa?

Should I just tell my boss that if she won't sign the transfer release for I will not return to Korea after my sisters wedding?
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Mon Jul 05, 2010 2:00 pm    Post subject: Reply with quote

Keep your plans very close to your chest. It is a bit like playing chess. I would advise that you are actually entitled 15 days paid annual leave per year as stipulated in the Labor Law for Korea.

Don't over-react nor tell your boss too much. Formulate your own plans. You could even get a public school job, get all the paperwork sorted, perhaps get the flight paid for from America, and get the future employer to battle with your current boss.
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chickenpie



Joined: 24 Dec 2008

PostPosted: Mon Jul 05, 2010 4:22 pm    Post subject: Reply with quote

Whistleblower wrote:
Keep your plans very close to your chest. It is a bit like playing chess. I would advise that you are actually entitled 15 days paid annual leave per year as stipulated in the Labor Law for Korea.



Could you find that link, that was certainly the case last year but it seems to have changed.


I'm sure that it was when you worked over a year your were entitled to 15 days off but now it was 10 days and one day for every year you have worked up to 20 maximum....... That is Article 59

They also took the 5 sick day out as well, they have to be negotiated........


Please prove me wrong.


EDIT Just found this up to date standards act and your are right whistle blower.....

http://wiki.galbijim.com/Labor_Standards_Act#Article_59_.28Annual_Paid_Leave.29


Last edited by chickenpie on Mon Jul 05, 2010 4:43 pm; edited 2 times in total
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chickenpie



Joined: 24 Dec 2008

PostPosted: Mon Jul 05, 2010 4:23 pm    Post subject: Re: The best way to go to a new school? Reply with quote

picadelli22 wrote:
I have been in Korea for just over 3 months and so far I have had to really haggle with my Hagwon boss to get heath insurance and a pension. I just got them today actually but am still arguing with my boss about my vacation days. She believes that I am not entitle to the 10 vacation days that are in my contract and stipulated by Korean Labor Law.

I live in a tiny apartment with blood on the walls from all the mosquitoes that have been killed by the previous teacher and weren't cleaned off (how hard is it to at least put some paint over it). I have also talked to my boss about this and she said she would handle it but never has. I have to pay for little things like apartment maintenance fee, and a put some money in a pool each month that all the teachers put money into for food in the staff room. I just feel like I am getting screwed over little by little and it just keeps getting worse. I recently discussed my contract with my boss and she admitted she doesn't know anything the contents of the contract because she just signed it and she told me she never even read it.

My friend introduced me to a public school recently and they are interested in me but before they can proceed with the hiring process they need my boss to sign a transfer release form and she won't do it. I told my boss that I would stay until the new job starts in October giving her 3 months to find a new teacher and it would give me half a year of employment at the hagwon. She said she would absolutely not sign it and that I will have to stay for one year.

To make a long story short I am going back to USA on July 28th for my sisters wedding and I was wondering if it would be best to just not return to Korea. My question is would it be okay to apply for the public school position from USA since I need to gather much of the needed documents from the USA anyway and would my visa just be canceled by my employer so could I immediately get a new visa to enter Korea again or would I have to wait until my 1 visa expires to get a new visa?

Should I just tell my boss that if she won't sign the transfer release for I will not return to Korea after my sisters wedding?


maybe contact immigration about the letter of release, not sure were you stand on that.
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chickenpie



Joined: 24 Dec 2008

PostPosted: Mon Jul 05, 2010 4:48 pm    Post subject: Reply with quote

Just found this about your letter of release!!!!!

http://wiki.galbijim.com/Letter_of_Release

If you are in a difficult situation and your employer has violated your contract and you want to leave, however they will not give you the LOR, then you can contact your local Labor Board and ask them to facilitate. If the employer has legitimately violated the contract and labor laws and will still not issue a LOR, despite the Labor Board's requests on your behalf, then the Labor Board can attest to this with Immigration and free you from the contract and visa without your employer's involvement.


Looks like it's time to call the labor board.
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picadelli22



Joined: 03 Jul 2010
Location: South Korea

PostPosted: Mon Jul 05, 2010 7:44 pm    Post subject: hmm Reply with quote

I contacted the labor board and it seems as though they can't call immigration to facilitate anything to do with the letter of release because the labor board has no legal right to do so even if my employer has broken the law in my contract.

In short, I was told that the letter of release is just a reference letter for the new employer and nothing more than that.

One of the reasons why my future employer wants the letter of release is because they told me they just don't want any problems or legal conflict. So I'm pretty sure they just want to stay out of the issue as much as possible.
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picadelli22



Joined: 03 Jul 2010
Location: South Korea

PostPosted: Mon Jul 05, 2010 8:17 pm    Post subject: Reply with quote

I just contacted immigration. They were extremely helpful and told me that when I leave Korea to go to my sisters wedding I should just turn in my alien registration card and that will cancel my visa status. Then when I am in While I'm in the US I can apply for a new visa with the new school.

It seems pretty simple. I hope the information the the immigration officer told me is true.
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chickenpie



Joined: 24 Dec 2008

PostPosted: Mon Jul 05, 2010 8:19 pm    Post subject: Reply with quote

That sounds good..........

Found this thread from a while ago, might help http://forums.eslcafe.com/korea/viewtopic.php?t=20222

Good luck.
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chickenpie



Joined: 24 Dec 2008

PostPosted: Mon Jul 05, 2010 8:21 pm    Post subject: Reply with quote

picadelli22 wrote:
I just contacted immigration. They were extremely helpful and told me that when I leave Korea to go to my sisters wedding I should just turn in my alien registration card and that will cancel my visa status. Then when I am in While I'm in the US I can apply for a new visa with the new school.

It seems pretty simple. I hope the information the the immigration officer told me is true.


Don't tell your boss you're not coming back!! She has treated you badly time to return the favor.

Make sure you get your new school to know about what is going on and make it as easily as possible to get back to the job you want.
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picadelli22



Joined: 03 Jul 2010
Location: South Korea

PostPosted: Tue Jul 06, 2010 5:44 am    Post subject: Reply with quote

It turns out that my boss surrendered today and has agreed to sign the letter of release. My girlfriend sent a letter to the head of the Hagwon Company that I am working for and told him about my situation.

One of the top managers of the well known Hagwon company came to my school today. I think he convinced my boss to sign the letter of release. I had a conference with my boss at the end of the day today and my boss was crying because her schools reputation is in jeopardy because of me. Well I told her that if she would follow the law and also follow my contract then the whole situation would have been avoided. Once again I referenced things in my contract that she had never addressed and she was completely clueless about any specifics in my contract. She should have read it before signing it. I have little pity for her and her schools reputation.

I'll will be happy when I have cut all ties with the school. Without my girlfriends help I think things would have been much more difficult so thanks to her and thanks for those that replied to my post.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Tue Jul 06, 2010 6:28 pm    Post subject: Reply with quote

This is why we need visa ownership. If the Japanese give their teachers a 3 year visa which makes it easy to have labor mobility, then there's no reason why Korea can't do the same for us. Let's lobby ATEK, Korean government, etc to take up this cause. It would be so nice to switch jobs at will when there's too much abuse.
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