Korean Job Discussion Forums

tukgong · Joined: 18 May 2011

I've searched this site but haven't found anything exactly related to this. I'm currently working at a hagwon on an E2 visa that expires mid-June. The school's ownership changed a month ago, but even before then, there have been problems with having no health insurance, rent on teachers' apartments not being paid, attempts to deny vacation, etc. I also have months' worth of overtime that the former owners claim to either not owe me or to have already paid. The new boss has no intention of paying it because it's not part of the deal he made when he bought the hagwon.

Today I got an offer for my dream job at another company. The company will sponsor my E7 visa (they currently sponsor the E7 of the guy I'm replacing). But I must quit the hagwon two weeks before the end of my contract. This would be a full month before my new boss expects me to quit, because he thinks I'll extend my current visa until the end of June, giving them more time to find a replacement. We made this arrangement verbally (nothing's in writing), but I've taken no steps to extend my visa yet.

I know that by ending the contract early I'm forfeiting my flight home, severance pay, probably some of my last wages, and possibly some of the overtime pay. It's worth it to me to take some losses, but legally, is there anything I can do to get my pay? My boss will be shocked and furious about me quitting on May 31 instead of June 30. How badly could my boss screw me over in this situation?

Do I need to make a visa run to Japan? Do I need a letter of release to switch from an E2 to an E7? If I do need one, what happens if I can't get my boss to sign it? I thought about making an offer: if he signs the letter of release I'll quit in a week, and if he doesn't sign I'll threaten to quit right then and there. But I don't know if that kind of ultimatum is really a good idea. Any input would be appreciated!

Zyzyfer · Posted: Sun May 22, 2011 10:51 pm Post subject:

http://forums.eslcafe.com/korea/viewtopic.php?t=205897

If you haven't signed anything agreeing to extend your contract then you aren't obligated to stick around. You will however annoy the hell out of the current boss. I did the exact same thing in the past, minus I completed my contract. But I had agreed to stay longer and then lined up a more preferable job, so on the night they would have me sign the official extension, I dropped this bomb in their laps.

What would be funny is if you landed the same job I did when I pulled that stunt lol. I know one guy is leaving and they're hiring right now.

Anyway, as far as all of the bonuses, you're supposed to complete at least one year to get a lot of them, and while I don't have expertise with it, I doubt you can do anything if you're not completing your contract.

A letter of release might not be necessary, but you might be looking at a trip out of Korea to cancel your visa, and then a visa run on top of it. Depends on how you decide to handle your current E-2.

edit: Just noticed that last bit. I don't think trying to stiffarm the boss will accomplish anything, personally. Whenever I've pulled stunts like this, I ate some humble pie and gave a compelling reason for my departure (dream job, can't pay X whatever bill back home or something). Unless your boss is a total jerkface, I'd consider the "dream job" angle. It's not a lie and it takes the focus off of you just a bit.

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

There is no transfer from E2 to E7 and you are unlikely to be released by your current hagwan owner. You are also unlikely to get your severance or plane ticket from the new owner.

The process is simple.

The day after payday, leave Korea. Go to anywhere that is cheap to get to and return from. Hand in your ARC on the way out. This cancels your current status of sojourn.

Return to Korea. Enter as a tourist. Have your new employer begin the visa application process. Do a visa run to obtain your new visa.

Begin work at your new employer.

Immigration won't care that you quit early (it is your right to quit if you want).

.

ssuprnova · Joined: 17 Dec 2010 Location: Saigon

Correct me if I'm wrong but once you've finished the first six months you can quit without giving any notice and your employer has to pay any outstanding wages within two weeks (minus any bonuses).

litebear · Joined: 12 Sep 2009 Location: Holland

Is there no way the new job could wait two weeks for you? That'd really make life easier! If they can't maybe your current boss would see you leaving two weeks early as a good trade. He loses you earlier than expected but he also doesn't have to pay you severance or airfare. That could be your angle when telling him

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

Highwayman · Joined: 22 May 2011

I've been asked to switch to an E7 soon too ...

I think I will just go for a holiday and get it while doing so.

tukgong · Joined: 18 May 2011

Hi guys - thanks for all the input. Today I met with my new supervisor and he understandably felt bad about me being out 3 million due to breach of contract. So he says it would work for me to work part-time at the company for the few weeks remaining until the end of my hagwon contract (on the DL of course). They'll temporarily hire another person to help cover my workload during that time. As far as I know, it wouldn't technically be illegal because I won't be paid anything until the actual start of my contract - my hours would be listed as "training time," like the several hours of unpaid training I'm putting in this week. The pay for these part-time hours, when I receive it next month, would be classified as a signing bonus or something. I figure as long as I contractually stipulate that I'll receive this "bonus," there shouldn't be a problem. Thoughts?

It also turns out to be true that I won't need a letter of release, though it looks like I'll be taking a short jaunt to Fukuoka. Since I'm not breaking contract now, I'm still entitled to my severance pay and plane ticket compensation. The other foreign teacher at our hagwon (whose contract finishes next week) just received his from the old owners, so now there's a glimmer of hope that I'll get mine too. We'll see how the ongoing battle turns out in terms of health insurance reimbursement and overtime pay.

One other question about the E7 visa: I have a hagwon-approved private student (financial executive) whom I really want to keep teaching after my contract ends. I assume tutoring even one private is illegal on my E7, even if it's specifically written into my contract with the company? Is it possible, or worth it, to get a tutoring license on an E7?

Zyzyfer · Posted: Tue May 24, 2011 4:15 pm Post subject:

Sent you a PM.

cert43 · Joined: 17 Jun 2010

Are you "bond" fortifying or getting married soon? I only ask because E-7 is strickly "out"-based ( your working for a International instution of some sort, correct)?

If you re-enter on a tourist visa, then there is a slight chance you may have to work illegally at the next job ( up to you, but not ALWAYS the best choice).