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tmk5025
Joined: 22 Mar 2011
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 Posted: Thu May 03, 2012 5:48 am Post subject: Leaving a Job |
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I posted before about late pay. Everyone at my work is getting paid late and I mean only 20% of their pay after 10 days. I have found out that they fire people before the end of the contract, so they don't have to pay the bonus/ severance. In my contract it says if I quit that I have to give enough time to find a new teacher nothing about a time frame. I have found a new job and getting my FBI and all the stuff as we speak. If you could answer any of my questions please and thank you.
Q1. How much time do I have to give to quit?
Q2. How do I go about filing the paperwork?
Q3. Can I be blacklisted?
Q3. Do I have to hand in the ARC card and get my pension? |
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soomin
Joined: 18 Jun 2009
Location: Daegu
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| Posted: Thu May 03, 2012 6:56 am Post subject: |
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All of these depend on how you're leaving...
Are you leaving amicably? (ie, getting an LOR and transferring the visa that way), or are you going to file a complaint with the labor board to try to get permission to transfer your visa/ or do a visa run and get a completely new one.
q1. nice: give them a month (or whatever is stipulated in your contract) on the condition of an LOR
not nice: file a complaint with the labor board / do a midnight run
q2. nice: give your LOR to your new boss and he will take that and your new (signed) contract and such to immigration
not nice: hope the labor board lets you transfer it on your own / do completely new paperwork for an e-2
q3. nice: nope, although that chain (if it is a chain) might not hire you again
not nice: public school blacklists, but hagwon blacklists... only if you do a midnight run, and then there are some "rules" where you're not supposed to work within a certain area near them... but I think this is just bs... feel free to correct me if I'm wrong on this, though
q4. nice: From what I've been told, you can't get pension until you physically leave the country. So, no, it will just add up until you leave.
not nice: same as above / if you do a midnight run, you will surrender your ARC card at the airport (because you'll have to get a new one) and hope your boss cancels your visa status so you can get a new visa. You will not receive pension because you ran away from your job |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu May 03, 2012 9:23 am Post subject: Re: Leaving a Job |
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| tmk5025 wrote: |
I posted before about late pay. Everyone at my work is getting paid late and I mean only 20% of their pay after 10 days. I have found out that they fire people before the end of the contract, so they don't have to pay the bonus/ severance. In my contract it says if I quit that I have to give enough time to find a new teacher nothing about a time frame. I have found a new job and getting my FBI and all the stuff as we speak. If you could answer any of my questions please and thank you.
Q1. How much time do I have to give to quit?
Q2. How do I go about filing the paperwork?
Q3. Can I be blacklisted?
Q3. Do I have to hand in the ARC card and get my pension? |
Since you have found a new job and you're preparing the required paperwork to get a new visa, you should have few problems.
However, in the interest of making life go smoothly, you should notify your boss 2 months in advance of your desired starting date at your new job, but be prepared to be fired immediately or at any other time interval. Also be prepared for them to ask you for more time.
If your new job is in a different location, preferably in a city some distance away, you will have few problems from your old school. Since you'll have all the new documents, you can just tell them that you've decided to go home. If they think you're staying and especially if they think or find out you'll be teaching at a nearby school they may try to make trouble for you.
Only Immigration can blacklist someone, it is in fact one of their functions, but they sometimes do so based on reports from employers, including reports with less than honest information, although there are other teachers who actually deserve it.
You could save yourself a lot of trouble if you could get a letter of release and just transfer your visa. It's also possible that since you're not being paid that you could go to the labor board and report the situation and get a release. You know your boss and we don't so you have the best information about how your boss is likely to react.
In any case, if your school is paying everyone only 20% of pay and that is coming 10 days late, they are apparently in some kind of financial trouble. If this was a one time situation there could be some plausible reason and you might give them some slack, but it sounds like the school is going under.
There are quite a few schools going under these days, and according to the rumors and recent closings of branches, one of the chain schools may be on the list in the near future.
It's probably wise that you are making a quick and early exit.
Good luck. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu May 03, 2012 9:43 am Post subject: |
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If you can get a letter of release, or if you can change to a D10 visa, and transfer your visa to your new school you will not have to leave Korea. You can keep your ARC and you cannot get a pension refund.
If you can't transfer to a new school directly or to a D10 visa you will have to leave Korea and turn in your ARC to cancel your visa on the way out. Then you can use all your new paperwork to get a new visa for your new job. You may be able to begin this paperwork before you go.
You do not have to file for a pension refund at this time. You can wait until you've finished this job and any subsequent job and file at that time. If your current boss isn't paying you or your coworkers, it is very unlikely that he is current on making pension payments. So, you would have to wait until he catches up on the payments. You should check with the pension office to find out if you were actually registered, what salary you were registered at and how far behind on the payments your boss is. Follow up after you start your new job to make sure all payments are made by your old boss. |
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tophatcat
Joined: 09 Aug 2006
Location: under the hat
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| Posted: Thu May 03, 2012 4:33 pm Post subject: |
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| soomin wrote: |
All of these depend on how you're leaving...
Are you leaving amicably? (ie, getting an LOR and transferring the visa that way), or are you going to file a complaint with the labor board to try to get permission to transfer your visa/ or do a visa run and get a completely new one.
q1. nice: give them a month (or whatever is stipulated in your contract) on the condition of an LOR
not nice: file a complaint with the labor board / do a midnight run
q2. nice: give your LOR to your new boss and he will take that and your new (signed) contract and such to immigration
not nice: hope the labor board lets you transfer it on your own / do completely new paperwork for an e-2
q3. nice: nope, although that chain (if it is a chain) might not hire you again
not nice: public school blacklists, but hagwon blacklists... only if you do a midnight run, and then there are some "rules" where you're not supposed to work within a certain area near them... but I think this is just bs... feel free to correct me if I'm wrong on this, though
q4. nice: From what I've been told, you can't get pension until you physically leave the country. So, no, it will just add up until you leave.
not nice: same as above / if you do a midnight run, you will surrender your ARC card at the airport (because you'll have to get a new one) and hope your boss cancels your visa status so you can get a new visa. You will not receive pension because you ran away from your job |
q4
You can get your pension once you leave the country, considering your from a pension partcipating country.
Turn in your ARC at the airport and have the visa cancelled on the spot (you don't have to hope your boss cancels your visa, it's out of his hands at this point).
As long as you and your boss have actually been contributing to pension, it's yours (running away from the job does not mean you cannot receive your pension). |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu May 03, 2012 4:39 pm Post subject: |
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[quote="tophatcat"]
| soomin wrote: |
q4
You can get your pension once you leave the country, considering your from a pension partcipating country.
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Of the Big Seven only Americans ,Canadians and Australians get it in a lump sum when they leave.
Brits, Kiwis and Irish don't...it's credited to their pension accounts back home.
South Africans neither pay nor get anything. |
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tophatcat
Joined: 09 Aug 2006
Location: under the hat
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| Posted: Thu May 03, 2012 5:06 pm Post subject: |
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[quote="TheUrbanMyth"]
| tophatcat wrote: |
| soomin wrote: |
q4
You can get your pension once you leave the country, considering your from a pension partcipating country.
. |
Of the Big Seven only Americans ,Canadians and Australians get it in a lump sum when they leave.
Brits, Kiwis and Irish don't...it's credited to their pension accounts back home.
South Africans neither pay nor get anything. |
Correct!
I should have worded it in more detail. It's yours in one form or another if contributions have been made.
Thanks UM |
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soomin
Joined: 18 Jun 2009
Location: Daegu
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| Posted: Thu May 03, 2012 8:43 pm Post subject: |
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| tophatcat wrote: |
q4
You can get your pension once you leave the country, considering your from a pension partcipating country.
Turn in your ARC at the airport and have the visa cancelled on the spot (you don't have to hope your boss cancels your visa, it's out of his hands at this point).
As long as you and your boss have actually been contributing to pension, it's yours (running away from the job does not mean you cannot receive your pension). |
Ooh~ good to know! Thanks, tophatcat ^.^ |
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