Korean Job Discussion Forums

ihmlaiwtd · Joined: 14 Mar 2012

Is this legal? I've read conflicting things on this and other sites. I've read it's no necessary. I've read a LOR is necessary. I've read he can refuse and that's that. Nothing I can do. I've read it is illegal for him to refuse to issue a LOR and I should contact the Labor Board.

Does anyone have a clear answer or a link the relevant bits of the law in English?

This is mid-contract, by the way.

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

They don't have to, but there easier ways I understand to get around this. Depending on your situation, you might not need one. Worry more about your situation than one piece of ammo your school can use against you.

What is your situations? Details.

ihmlaiwtd · Joined: 14 Mar 2012

My situation is the classic bad hagwon job: a psychopath director who refuses to honor the contract's clearly stated working hours, constantly lies to all the teachers, etc. A bad school with high teacher turnover. I want out. Told him so a month ago. He promised me a Letter of Release. I promised to stay on until the end of August, giving him time to find a new teacher and me a new job.

He's now refusing me the Letter of Release and I'm thinking of pulling the nuclear option and simply walking out today.

The point is I tried being professional and reasonable, but I now realize I am dealing with a psychopathic reptile and reasonable negotiating is pointless.

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

http://stopteachinginkorea.blogspot.dk/2012/06/d10-visa-teacher-protection.html

"The new D10 is a "job hunting" visa. It permits teachers who stay in country after finishing or resigning from a job to transfer to another school without haviing to request new documents and reapply for a work visa."

Gorf · Joined: 25 Jun 2011

Use all your ammo on him, threaten to walk out due to breach of contract and leave the school to be reamed by parents and the other teachers, whatever. If none of it sticks, just switch to a D-10 visa and find a new job. Good luck, man.

zombiedog · Joined: 03 Oct 2011

how do you "just switch to a d10"? You just go down to immigration and say "I'd like to get on a D10."?

I wonder because I've never heard a straight answer on this.

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

Skippy · Joined: 18 Jan 2003 Location: Daejeon

Mr Lee's Monkey · Joined: 24 Oct 2007

Hey Skippy,
Who gave you this information?

Skippy · Joined: 18 Jan 2003 Location: Daejeon

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

Certificate of employment = employer is legally obligated to provide it during and up to 3 years after cessation of employment.

Written termination of employment = employer is legally obligated to provide it IF you are terminated for managerial reasons. They are not obligated to provide it if you quit.

LOR (letter of release) = employer is NOT legally obligated to provide it
BUT
They ARE legally obligated to notify immigration of your change of status (termination of employment and sponsorship) within 14 days of your termination.

You do need proof of termination (either employer confirmation or labor board confirmation (in the case of a labor dispute with labor board case pending)) to be able to transfer to a new employer or switch to a D10.

IF you don't want that particular hassle then your remaining option is to: i) order new documents
ii) leave Korea and hand in your ARC on the way out to cancel your status of sojourn (leaving you free and clear of past employers).
iii) return and start the search for a new job.
iv) begin the visa application process from scratch with a new employer.
v) get a new visa confirmation number
vi) do a visa run to Japan (new employer's expense) and get a new E2.
OR
Change countries. There are no shortage of jobs in EFL for anyone who qualified for an E2 in Korea and if you look for them you can find jobs with comparable SAVINGS and similar or better benefits in other countries in Asia.

.