Korean Job Discussion Forums

the eye · Joined: 29 Jan 2004

If I try to deliberately get fired to get out of my contract, what repercussions can i expect? I want to get a new job in the same city. I have worked 3 years in Korea without any problems...until this year.
My director has broken the contract, but still refuses to give me a release.
I have tried to do it the honorable way, but it is not getting me anywhere.

Please only reply if you have recent experience in this type of situiation.

Homer · Guest

When you say you tried the honorable way the eye...what does that include?

Did you try the labor board and immigration?
(just curious here)

the eye · Joined: 29 Jan 2004

Homer...

Yes, i have visited both immigration and the ministry of labor. The immigration department says its an issue between myself and the owner and they are not going to mediate.
The ministry of labor admits they have a contract violation regarding my living conditions. However, they say that if the owner doesn't want to give release, there is nothing they can do.

I know what you are going to say, it doesn't sound right to me either.

I've lived and worked in Daegu for three years now with no problems. The fourth is proving to be a bitch.

sadsac · Joined: 22 Dec 2003 Location: Gwangwang

Give your 30 days notice as per the legal requirement. After 30 days pack up and leave, LOR or not, you have been honourable and done it by the book. Smile

Homer · Guest

Indeed sadsac.

The eye,

Thank you for giving more detail on your situation.
Sounds bad indeed.

However perhaps you could push a little more at the Labor board (sometimes they need nudging).

If you give notice to your employer with valid reason (this is your case) then by law he has to give you a LOR. There might be some resistance there but you need to stick to your guns and perhaps get some help.

Did you tell your boss that you will involve the labor board if he does not comply?
Did you even give him a 30 day notice yet?

Hope it all works out man.

rapier · Joined: 16 Feb 2003

Homer · Guest

Good point Rapier.

the eye · Joined: 29 Jan 2004

Thanks Homer, Sadsac, Rapier.....

I have also given my notice. They accepted it and said they no longer wanted to work with me because i was 'so rude' to them regarding this issue.
However, they said the only way i can quit is by going back to my home country....and surely they will make my return impossible.
They are obviously effected from losing face, and the prospect of finding someone who will work for them.

If I give notice, can the labour board force a release?
If I try to get fired, can they block me from getting rehired in my city.
My former employer is welcoming me back if i can get out of this one.

peppermint · Posted: Wed Apr 14, 2004 6:54 am Post subject:

I was informed very recently that the labor board can't force a letter of release- ever. Their best advice was to leave the country and return on a tourist visa.

Did I mention how many times they refered to my "owners" when dealing with them? Thankfully not the ones at the English hotline- just the ones in my city. Does "Employer" translate as "owner " in Korean?

the eye · Joined: 29 Jan 2004

i think i have another way out....

i still have not applied for my ARC. To do this, i need mu origional degree. What if i miraculously can't find it???

My VISA will be cancelled....no?

I'm grasping at straws now....

some waygug-in · Joined: 25 Jan 2003

What? If you don't have your ARC, you still aren't legal. At least that's what I've read on here.

I believe you are free and clear to walk.

Please correct me if I'm wrong here. Confused

Cheers

Gord · Joined: 25 Feb 2003

Derrek · Joined: 15 Jan 2003

We still don't know (unless I missed it) how long this person has worked at this school. Legally, they have 3 months to get the ARC card.

The problem we have here is that if they are under 3 months, will the 30 days of notice prove to put them over the 3 month mark?

Another thing --- you should PM Wylde (or is it Wylie?). I think he was the one who said he's gotten jobs approved through immigrations without a letter of release.

own_king · Joined: 17 Apr 2004 Location: here

OK, Eye, I might be a bit late on this issue, but I figured I'd kick in my two cents anyway. I think giving 30 days notice is a terrible idea. It sounds like your employer is a real shady character. Giving 30 days notice would most likely result in 30 days of bullshit, bad treatment, and probably not getting paid in the end, let alone a letter of release. I've been lucky to avoid any serious money problems in the places I have worked, but you might be wise to just take your next pay and bolt before he has a chance to screw you over further. Your only problem is if you want to stay in Korea and work after this. Then you can gamble and give notice and hope he gives you a letter of release. But even if he does decide to break character and be on the up and up and pay you, I am sure he will try to screw you out of airfare and maybe even recruitment cost or any other parts of your contract he can drag into it. Even after all this there is no saying that you will get a letter of release, you might end up sitting in the immigration or labour board office, being told in broken english, that the issue is "impossible". I can not count the number of times I've been told this over very simple matters, like deviating from a set menu in a kimbap restaurant Laughing

In the mean time, your employer will have probably called immgration and told them you broke your contract and to cancel your visa. You will be lucky to not get deported with no money before the Labour Board lifts a finger to help the waygook. Just my opinion, take it for what it's worth.

aussie col · Joined: 31 Jan 2004

Take a breath man.