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Anyway out of this? Breaking contract before it starts
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Thu Nov 03, 2011 2:36 am    Post subject: Anyway out of this? Breaking contract before it starts Reply with quote

I recently signed a contract to work at a hagwon, which will start in 2 weeks, and they have submitted my papers to immigration.

I left my last asp in August, because I was unable to get my documents on time.
I recently found out that my asp wants me back, and they have 2 openings at the beginning of December. As well as that, the person who replaced me at my old asp quit, and will leave in February. Everyone at my last asp wants me back, the co, the principal, the student's, etc.

My question are how is it possible to break a contract before it starts, without facing major ramifications? I know it seems impossible, and I could pretty much lose everything. How is it possible to get a lor after only 3 months of working? I am really skeptical about this hagwon, and I would much rather go back to the asp. I know I don't really have much of a chance, but is it possible to do this somehow?
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Fri Nov 04, 2011 12:22 am    Post subject: Reply with quote

Ttompatz, could use your help here.
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Juregen



Joined: 30 May 2006

PostPosted: Fri Nov 04, 2011 12:36 am    Post subject: Reply with quote

Pay the dmgs my friend.

Technically you can walk away, but you need to set the record straight with the people you signed a contract with.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Nov 04, 2011 1:13 am    Post subject: Re: Anyway out of this? Breaking contract before it starts Reply with quote

kingssurfer wrote:
I recently signed a contract to work at a hagwon, which will start in 2 weeks, and they have submitted my papers to immigration.

I left my last asp in August, because I was unable to get my documents on time.
I recently found out that my asp wants me back, and they have 2 openings at the beginning of December. As well as that, the person who replaced me at my old asp quit, and will leave in February. Everyone at my last asp wants me back, the co, the principal, the student's, etc.

My question are how is it possible to break a contract before it starts, without facing major ramifications? I know it seems impossible, and I could pretty much lose everything. How is it possible to get a lor after only 3 months of working? I am really skeptical about this hagwon, and I would much rather go back to the asp. I know I don't really have much of a chance, but is it possible to do this somehow?



You could just call the school and tell them. Be honest and give them a chance to replace you. They will need as much time as possible and it could hurt the school.

However, since they have submitted your papers to Immigration, you will soon have a Visa Issuance Number. If you don't take this job you will have to wait until it expires to begin again. You will have to wait - can't remember how long - 3 or 6 months? before you can get another visa.

Better to take the job you've promised to take.
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Fri Nov 04, 2011 1:57 am    Post subject: Reply with quote

Well, I am currently in country, and given the situation, I don't think they would have much trouble finding a replacement. As of right now, I do have a visa number, but no visa, and haven't started. I don't what the ramifications are. I might as well just take it, despite my doubts. You say I wouldn't be able to work until the contract is up, but since my contract hasn't started, and I have been told it is possible to get out of it, I don't know what to make of it.
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koreatimes



Joined: 07 Jun 2011

PostPosted: Fri Nov 04, 2011 3:15 am    Post subject: Reply with quote

I was in a similar situation, I was ending a contract with school 1 and things weren't working out with school 2 before the contract period started. A new visa was issued for school 2, but I went with school 3 and immigration just treated it as if I was going from 1 to 3 and put a change of location sticker in the passport and updated the ARC. The only extra thing I remember needing to do was to get another release letter from the first school.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Nov 04, 2011 11:15 am    Post subject: Reply with quote

koreatimes wrote:
I was in a similar situation, I was ending a contract with school 1 and things weren't working out with school 2 before the contract period started. A new visa was issued for school 2, but I went with school 3 and immigration just treated it as if I was going from 1 to 3 and put a change of location sticker in the passport and updated the ARC. The only extra thing I remember needing to do was to get another release letter from the first school.



In your case, you were doing a visa transfer with a release letter and no visa run.


The OP has a visa issuance number, which means he has to do a visa run to get his new visa. He apparently has no visa to transfer.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Nov 04, 2011 11:21 am    Post subject: Reply with quote

kingssurfer wrote:
Well, I am currently in country, and given the situation, I don't think they would have much trouble finding a replacement. As of right now, I do have a visa number, but no visa, and haven't started. I don't what the ramifications are. I might as well just take it, despite my doubts. You say I wouldn't be able to work until the contract is up, but since my contract hasn't started, and I have been told it is possible to get out of it, I don't know what to make of it.



Immigration will often do things that seem to violate their own policies, so you should ask them.

However, under rules in the recent past, once you have a visa issuance number, you have to go on a visa run to get your visa. You cannot get a new VIN until the one you have expires. You don't have to wait until the contract expires, just the VIN. Maybe it can be cancelled somehow, maybe by your new school.
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Sat Nov 05, 2011 10:56 pm    Post subject: Reply with quote

I am going to find out the difference between a vin and an actual working visa. Would I need an lor to get out of vin?
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koreatimes



Joined: 07 Jun 2011

PostPosted: Sun Nov 06, 2011 12:03 am    Post subject: Reply with quote

Quote:
The OP has a visa issuance number, which means he has to do a visa run to get his new visa. He apparently has no visa to transfer.


Then, it seems like it would be easier. I already know the difference in my situation compared to the OP.

Quote:
Would I need an lor to get out of vin?


lor from whom?
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Sun Nov 06, 2011 12:23 am    Post subject: Reply with quote

An lor from the new school.
Does having a VIN mean they own me now, or do they not own me until I get an actual working visa?

There are some things about this new school that I have a bad feeling about
( 2 people not lasting their contracts, and only one ft liking it)

Yes, I would probably have to pay the recruiters, and realtor�s fee, but I just don't have a good feeling about this place. Something seems fishy.

Most places that I interviewed with needed some time to think before they got back to me, but this place was very quick to hire me. It makes me think they are hiding something.
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koreatimes



Joined: 07 Jun 2011

PostPosted: Sun Nov 06, 2011 12:41 am    Post subject: Reply with quote

You need to get your passport back and go with the school you want to work at to immigration.

If immigration sees there is an employer wanting you, then they are more likely to ok it. If you wait too long, then there might not be much they will do.
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Sun Nov 06, 2011 12:49 am    Post subject: Reply with quote

kingssurfer wrote:

There are some things about this new school that I have a bad feeling about
...Something seems fishy.
...It makes me think they are hiding something.

You really want to go back to your old job so you're concocting flimsy blame towards the school that hired you & that you willingly signed on with. Good luck whatever but your argument against the new school reads like transparently weak self-justification.
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Sun Nov 06, 2011 4:04 am    Post subject: Reply with quote

Quote:
You really want to go back to your old job so you're concocting flimsy blame towards the school that hired you & that you willingly signed on with. Good luck whatever but your argument against the new school reads like transparently weak self-justification.


You can believe whatever you want. Would you rather work for a school where 2 people didn't last, and they were not honest with you about it until after you signed the contract, or a school where everyone from the bottom to the top wants you back?

Why did I sign the contract? I didn't know this was going to happen, and there is no way I could have known. Yes, I did get conned by the new school, and I only have myself to blame for that. With that being said, I had no idea I would be wanted back two days after I signed the contract for the new school.
Koreatimes thanks for the input.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sun Nov 06, 2011 8:20 am    Post subject: Reply with quote

Your situation is fairly unique, but, again, you have no visa to transfer. You must currently be here on a tourist visa. You will have to ask Immigration for the final answer.

It could be that you can somehow transfer this VIN back to your old after school program with a letter of release from your new school - but why would they give that to you?

It could be that if you do not take your new job, you not only have to wait for your VIN to expire, but you have to get new documents and start over again.

The fact that two teachers didn't last at the new school means little. In fact it could be a good sign. Half of the "teachers" who come to Korea, even those with some experience, education degrees, TEFLs and other paper qualifications are worthless and deserve to be fired. Eventually, some are fired, some resign, but few accept the fact that they just don't have the ability to be a teacher and never will. The only way everyone will "last" at a school is if the school doesn't care about teaching or quality.

It is unfortunate that your dream job appeared two days after you took this job, but at least it's not a lifetime commitment. Since it's not a marriage, you can quit fairly easily and transfer in a few months if it's really bad.


"It's sad to belong to someone else when the right one comes along."

http://www.youtube.com/watch?v=syU1gYgvZAs
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