Korean Job Discussion Forums

[DWilliams]

My Scenario: So, to make a long story short: I was released from my contract after giving the proper notice asked by the contract--a semester. I asked for a Letter of Release right after giving my notice. I'd been employed by the hagwon for 3 months before requesting to break my contract, and having served 6 months now, am eligible for a visa transfer. Gratefully, I landed a public school position just a month after giving notice to this job, and I was given the LOR with no problem.

My Co-Worker's Scenario: He has fulfilled 1 year long contract with the school, and signed a 3 month contract back in November. His 3 month contract will end on Monday 2/28 (same day as me). Up until this week, he could not find another position so he told the Korean teachers that he would resign for another 3 months. The day the contract was given to him, he received a phone call from a public school for an interview. So, he told the Korean staff that he would have to think about resigning. He was offered the position with the public school, and has already signed a contract with them. After breaking the news to the hagwon Korean teachers the day he accepted the future contract, they appeared to take it in stride.

Now, 3 days later, the manager (whom he did not tell directly that he would resign the current contract) is badgering him and threatening to go to Immigration on him Monday, as well as call the cops because he is breaching a verbal agreement. (Note, he never did sign the contract--but I know written contracts mean "not so much" here.)

Does my coworker and friend have any options in this case? If he can't get a LOR, that will prevent him from getting a visa for the public school position. I know, typically, if you have completed your contract, you don't need a LOR, unfortunately, b/c of short notice of the new position, he does not have things in place for a new visa; which means the hiring manager of the future school is willing to do a visa transfer instead; which requires a LOR.

I've already suggested him threatening to go to the Labor Board, since the hagwon has not enrolled any of the teachers, past or present, in the Pension Plan. Doesn't look like he's gonna take my idea until it's too late.

Any ideas on what he can do to coerce the hagwon to give him the LOR?? Thanks, in advance.

[chachee99]

What does his ARC say?

From my understanding, he will still need to submit a criminal check and notarized degree in order to transfer his visa. The LOR is not good enough.

[seoulsucker]

[cyui]

I am NOT by any means excusing/justfying the hagown behaviors and hell..everyone knows a Public School job is a far better cry then a hagwon...BUT, just maybe your friend should give just a bit more though to the hagwons predicment now with the kids not having a teacher..

Maybe just a small thought to what they're going through instead of what he is missing out on?

Put yourself in the other person's shoes and then try to negioate a neutral point that everyone can be happy with( its not going to work when it's one way or another).

There will still be Public School Jobs in May.

[lifeinkorea]

[TheUrbanMyth]

[cyui]

IF 3 months is the negioting point then why would they expect any more?

Then it really does become thier probolem,not yours'.

This also gives them enough time to find an ample replacement.

I only say this because i have seen foreingers' get sued for uping and quiting after a verbal agreement was already made. ( or said it was)

[Skippy]

Two pieces of advice - Do not Hemm and Haww. Be decisive just what your friend did was jerk the school around. They thought they had a teacher for another 3 months.

Second piece of Advice - (sorry MODS) - Bullshit baffles brains. You friend probably does not understand the intricacies of immigration, contract and labour laws. So when somebody in a position of power says something like we will get you arrested or fined or deported because of something you do not understand. Calm think for a moment and come up with a decision. In the end the school can likely do nothing against you.

As to the paper work, well, maybe he can negotiate or apologize.

[ttompatz]

Bottom line:

IF his ARC is valid and his contract is completed he can transfer (without a LOR).

If his ARC is valid the employer can do NOTHING to him and the threats are nothing more than smoke and mirrors.

If he lets his ARC expire then he has other issues to deal with.
(like a potential overstay or requiring a new visa rather than a simple transfer).

Labor and immigration are his friends, NOT his enemies.

Tell him to tell his boss to pee up a rope and then simply move on.

.

[happiness]

yeah, i call it a bluff id follow what the arc said, and a verbal agreement means nothing (but a loss of face) because everyone here has had some kind of "verbal agreement" that gets broken becuase of "this is Korea..." Id follow the info on the ARC and let him challenge that.

or just leave the country, turn in your arc at the counter, have fun in japan, and come back and start anew

[interestedinhanguk]

Since when does one not need a LOR to transfer the visa at the end of contract? Is this new? Are there no more visa runs to Japan?

[ttompatz]

[Troglodyte]

[lifeinkorea]

[ttompatz]