Korean Job Discussion Forums

Skippy · Joined: 18 Jan 2003 Location: Daejeon

I have a friend who runs a hagwon. The teacher he hired has decided to flake out and changed mind after 4 months and quit. This is the second school he has done this too. The teacher provided notice - I think 30 days. The employer did not fire him, he would prefer to keep him on. Plus to boot the owner is honest and fair. He provided pension, health insurance, and so on.

So what is the process for quitting with immigration. Who should inform who of what. Should quitting teacher inform immigration? Or does the boss/owner have to inform immigration? I was told the change needs to be in person or in writing to immi. Still the question is after notice is given, how long does quitting teacher have left in country. Plus will teacher need a LOR to transfer if he quit and NOT fired?

Also if anybody wants to pipe in regarding how a person should quit, give an opinion.

Plus some details about the LOR also needs to be hashed out. The boss is willing to provide but needs some assurances. The boss wants to fair but not too easy and nice to this flake of a teacher.

Well I am talking to friend tonight to get the details. More later.

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

A LOR is not a recommendation letter, it just means they can work with another school. If the teacher only worked 4 months, then you can note the start and ending dates. Then, it's up to the new school to decide if they want to hire that teacher or not.

However, the school doesn't need to do anything besides informing immigration that the teacher no longer works there. It might be a good idea to find out what this teacher intends on doing.

I don't know if this could happen, but maybe the teacher will argue later they didn't get paid and go to labor board. So, as an employer, I would want to break ties with the teacher and find out what they want to do next. Do they have another school lined up? If not, how much time do they need?

After an agreed time, go to immigration and report them not working at the school.

Troglodyte · Joined: 06 Dec 2009

No one is obligated to continue working somewhere if they don't want to. Maybe the teacher got a better offer. Maybe he wanted to change cities. It's his business. You wouldn't hold it against someone back home if they did the same thing. Why is it different here?

If he's given notice, then the school can take that to immigration to tell them that the teach will no longer be employed after the date on the resignation. The teacher will have a bit of time after that to leave the country. It's no concern of the school though.

The school also doesn't have to give the teacher a LOR (unless it says so in the contract). If they want to give the teacher a LOR, then you can find templates on this forum or other websites. It's a standard thing. If the school wants to negotiate a LOR with the teacher then that's also a possibility. Then it just comes down to what the school and teacher want from each other and what each will agree to. If the teacher has a new set of documents then the LOR is only a minor thing. Although less convenient, he can always make a visa run to Japan and come back as a tourist and get a new E2 visa.

What does his contract say about leaving? Are there any special clauses? If not, then he gave the school notice (which employees are not legally obligated to give) and that's the end of the story.

Troglodyte · Joined: 06 Dec 2009

Man, where do you come up with some of this stuff?

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

Teacher quits.

School notifies immigration of the change of employment and the effective date.

The relationship between the employer and employee ceases at that point as do their obligations as the sponsor of the E2 employee.

Immigration gives 15 day for the employee to report or leave.

IF the employee makes a report to immigration they will be given 30 days to change status (switch to a D10), transfer to a new employer or leave Korea.

IF the employee does NOT go to immigration and does not leave Korea they will, after 15 days, be in violation of the requirement to report (potential fine and note in their file) and after 30 days will be in an overstay position (consequences ranging from a warning and black mark up to arrest, detention, fines).

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