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crazy_bagman
Joined: 07 Jan 2009 Location: Donducheon
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Posted: Tue Feb 15, 2011 10:55 pm Post subject: Conflict with getting Letter of Release / need advice! |
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Okay, this one is a little complicated.
I came to Korea last October with a contract from a 2pm-9pm hagwon teaching elementary. When I arrived I had very light hours because students were leaving and there few classes. The current school couldn't afford to keep me at full time so the director pulled a back door deal with a kindergarten hagwon to have me work part time at 2 schools.
I'm asking for a letter of release to obtain a new job, which I found an after school job in central seoul. But the kindergarten hagwon, which I am not contracted to, doesn't want me to go until July or August, and I know if I'm that far into my contract I will try to finish my 1 year contract and want my severence and airfare, but which they can not afford and fear they will try someting shadey to deny me.
I'm wondering what my legal rights are.
Right now I live in Yongin and I hate it and I want this after school job in Seoul. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Feb 15, 2011 11:58 pm Post subject: Re: Conflict with getting Letter of Release / need advice! |
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crazy_bagman wrote: |
Okay, this one is a little complicated.
I came to Korea last October with a contract from a 2pm-9pm hagwon teaching elementary. When I arrived I had very light hours because students were leaving and there few classes. The current school couldn't afford to keep me at full time so the director pulled a back door deal with a kindergarten hagwon to have me work part time at 2 schools.
I'm asking for a letter of release to obtain a new job, which I found an after school job in central seoul. But the kindergarten hagwon, which I am not contracted to, doesn't want me to go until July or August, and I know if I'm that far into my contract I will try to finish my 1 year contract and want my severence and airfare, but which they can not afford and fear they will try someting shadey to deny me.
I'm wondering what my legal rights are.
Right now I live in Yongin and I hate it and I want this after school job in Seoul. |
You have no legal rights but they also can't force you to work at the kindy. I hope you have a new set of documents (if not, then get them at your earliest convenience).
Your options are:
i) Quit and pray for a LOR to transfer to a new school.
They are not however obligated to give you one and you can't transfer before the end of your contract without either the LOR or a valid claim against your employer at the labor board.
ii) Leave Korean and hand in your ARC on the way out (canceling your visa).
Return (same day is OK), apply for a new visa confirmation number (through your new employer) and do a visa run to Japan to get your new visa. (this will require a complete set of new documents (degree copy with apostille and CRC with apostille).
iii) pick a new country.
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Njord

Joined: 12 Jan 2006 Location: South Korea
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Posted: Wed Feb 16, 2011 7:51 am Post subject: |
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iv) Bribe them into giving you the LoR. |
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Troglodyte

Joined: 06 Dec 2009
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Posted: Thu Feb 17, 2011 7:00 am Post subject: |
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The LoR is useless to you if you haven't been here for 6 months.
If you're planning on sticking it out until you get to the 6 month mark, then make a deal with your school. You'll continue to work with them and the kindy hogwon for 2 more months IF you get a LOR. The LOR can have a date on it for mid-April. If you really want to get tough about it, say that you refuse to work at the kindy unless you get the LOR. You aren't legally allowed to work there, so you are making a compromise, you want something in exchange. If you DO decide to play that card, be ready for the possibility that your boss will fire you on the spot. If you haven't reached 6 months yet, your boss CAN fire you without reason or advanced notice. It happens quite often. So get your documents and life in order in case it happens. |
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