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Korean Job Discussion Forums
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Fabulous
Joined: 08 Sep 2012
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 Posted: Fri Oct 05, 2012 12:26 am Post subject: Quitting job advice |
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So I just started this hagwon job a few months ago and I've decided that it really just isn't for me. My co-workers aren't super friendly, but they're tolerable. The kids are good, but I'm just simply not enjoying myself and the stress-level is much higher than at my old school. I don't want to give too many details, because someone at my job may check these forums. I also might have an opportunity to get a job in Korea doing what I actually got my degree for, so I really need some advice about quitting. I know a lot of the general information, like don't give them your passport/degree/ARC card, don't do a midnight run, etc. However, some things I've had trouble getting answers for.
My questions are...
1. My contract says I have to give 2 months notice. Do I really have to do this? Will it affect my ability to get another visa? If a job opportunity comes up then I doubt a new employer will be willing to wait two months for me to start.
2. In the event my employer doesn't give me a letter of release, do I have to do a run to Japan in order to cancel my visa and start all over again?
3. In addition to question 2... Can I go down to immigration and cancel my own visa and change it into a traveler's visa or do I need to hand in my ARC and leave the country in order to cancel it? I'm a little confused on how visas are cancelled. So many websites and forums say slightly different things and I don't know what applies to myself.
4. I was already in Korea when they hired me, so I don't have to pay back any airfare. However, will they ask for the recruiter fee back? Do I have to pay it? There's nothing in my contract about that.
5. Is it really possible to be banned from teaching in Korea if you break your contract or is that just a scare tactic that schools and recruiters use?
6. Any other information would be really helpful. My job doesn't know I want to leave, so I'm still in good standing with everyone. I'm just simply not happy and this school didn't live up to my expectations despite what the foreigner before me said. I don't really mind staying for a year if it means I can stay in Korea, but if the opportunity comes for a better and happier job, then I'm definitely going to take it. I just want to be prepared, because I've heard some pretty ugly stories on forums. I also don't want to screw my school over and leave without some kind of notice. They're not bad people. |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Fri Oct 05, 2012 12:41 am Post subject: Re: Quitting job advice |
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| Fabulous wrote: |
So I just started this hagwon job a few months ago and I've decided that it really just isn't for me. My co-workers aren't super friendly, but they're tolerable. The kids are good, but I'm just simply not enjoying myself and the stress-level is much higher than at my old school. I don't want to give too many details, because someone at my job may check these forums. I also might have an opportunity to get a job in Korea doing what I actually got my degree for, so I really need some advice about quitting. I know a lot of the general information, like don't give them your passport/degree/ARC card, don't do a midnight run, etc. However, some things I've had trouble getting answers for.
My questions are...
1. My contract says I have to give 2 months notice. Do I really have to do this? Will it affect my ability to get another visa? If a job opportunity comes up then I doubt a new employer will be willing to wait two months for me to start.
2. In the event my employer doesn't give me a letter of release, do I have to do a run to Japan in order to cancel my visa and start all over again?
3. In addition to question 2... Can I go down to immigration and cancel my own visa and change it into a traveler's visa or do I need to hand in my ARC and leave the country in order to cancel it? I'm a little confused on how visas are cancelled. So many websites and forums say slightly different things and I don't know what applies to myself.
4. I was already in Korea when they hired me, so I don't have to pay back any airfare. However, will they ask for the recruiter fee back? Do I have to pay it? There's nothing in my contract about that.
5. Is it really possible to be banned from teaching in Korea if you break your contract or is that just a scare tactic that schools and recruiters use?
6. Any other information would be really helpful. My job doesn't know I want to leave, so I'm still in good standing with everyone. I'm just simply not happy and this school didn't live up to my expectations despite what the foreigner before me said. I don't really mind staying for a year if it means I can stay in Korea, but if the opportunity comes for a better and happier job, then I'm definitely going to take it. I just want to be prepared, because I've heard some pretty ugly stories on forums. I also don't want to screw my school over and leave without some kind of notice. They're not bad people. |
You will need that letter of release to work at a different company on an E-2 visa. Therefore, question 3 is a no unless you get that LOR. Question 2, you will have to leave the country to obtain a new visa and Japan would be the closest place to that a visa run. Question 5, yes, it is just scare tactics, there are so many people who quit and find employment elsewhere. Question 1 depends on a lot of things, first what is your relationship with your boss? Depending on the type person your boss is, even if you give a 2 months notice they will try to swindle you out of a lot of money and probably won't be paid as much. If your contract doesn't state anything about paying money back for airfare or recruiter's fees then you don't have to pay that.
Your biggest problem is that LOR, if you don't get it then you will have to re-apply with a new criminal background check, diploma and depending on what country you are from, get all new apostilles, which could take a couple of months to process. My advice is to first go ahead and gathering all your new documents and just prepare yourself for a visa run. If you don't have to then great, at least you were prepared for the worst. If you are not worried about your money situation, give them a 2 months notice so that they can find another teacher, and even try to help them find someone to replace you. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Fri Oct 05, 2012 1:27 am Post subject: Re: Quitting job advice |
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| Fabulous wrote: |
1. My contract says I have to give 2 months notice. Do I really have to do this? Will it affect my ability to get another visa? If a job opportunity comes up then I doubt a new employer will be willing to wait two months for me to start.
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The two months is not technically legal. I am certain it is 30 days by labor law. Still that does not mean you can not not just walk away (ignoring the fall out from such an action).
| Fabulous wrote: |
2. In the event my employer doesn't give me a letter of release, do I have to do a run to Japan in order to cancel my visa and start all over again?
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Pretty much to cancel the visa, you will have to leave the country. When you do hand in your ARC card. You can also give notice at immigration, but then you have 2 weeks to leave. But doing so means you will have to start any new E-2 visa with new paperwork.
| Fabulous wrote: |
3. In addition to question 2... Can I go down to immigration and cancel my own visa and change it into a traveler's visa or do I need to hand in my ARC and leave the country in order to cancel it? I'm a little confused on how visas are canceled. So many websites and forums say slightly different things and I don't know what applies to myself.
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No you can not change your E-2 to a travelers visa. Once you give notice to immigration you will be give 14 days in which to leave. Or you can just hand in ARC at airport/ferry terminal, too. A change to some other visas are possible, but you have to qualify.
| Fabulous wrote: |
4. I was already in Korea when they hired me, so I don't have to pay back any airfare. However, will they ask for the recruiter fee back? Do I have to pay it? There's nothing in my contract about that.
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In general, NO. That does not mean it will not cause problems. The school may have an expiry date with the recruiter. For example if your quit before 2 months, recruiter does not get paid. The usual way school get back the recruiters fee is well one big ass deduction in the final pay. Plus the might overcharge for it too. To me, once again to me. I feel a recruiters fee should be paid back if in the first 6 months. But it should be prorated.
You are a little lucky it is not in the contract and you could try and fight it with the labor board if they do the illegal deduction.
Still as I commented above, this does not mean the school can try and sue you for the money back.
| Fabulous wrote: |
5. Is it really possible to be banned from teaching in Korea if you break your contract or is that just a scare tactic that schools and recruiters use?
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It is a scare tactic. Yet there is some truth to it. If you leave owing lots of money ie plane ticket, bills, or apartment fees. The school could maybe later make life difficult. Also, they could lie to immigration and try to get some red flags raised on you. You molested students. You worked illegally. Immigration might care, might not.
| Fabulous wrote: |
6. Any other information would be really helpful. My job doesn't know I want to leave, so I'm still in good standing with everyone. I'm just simply not happy and this school didn't live up to my expectations despite what the foreigner before me said. I don't really mind staying for a year if it means I can stay in Korea, but if the opportunity comes for a better and happier job, then I'm definitely going to take it. I just want to be prepared, because I've heard some pretty ugly stories on forums. I also don't want to screw my school over and leave without some kind of notice. They're not bad people. |
Prepare then. But prepare for a simple exit and a hellish exit. Take the words hope for the best, plan for the worst to heart. If you are lucky you can quit nicely and get a LOR. If not, start getting paperwork ready, now.
Good Luck
Thanks for writing a good post and asking clear questions. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Oct 05, 2012 6:11 am Post subject: |
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Under labor law, an employee is NOT required to give notice
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regardless of what your contract may say you cannot be coerced by threat of legal action or other threat to provide work against your will. You are free to quit at your leisure.
Contracts may not violate labor law and any clauses that do are voidable.
That said, an employer is also under NO legal obligation to release you from your contract and enable you to seek other employment if you quit.
Without that release you MAY need to start the visa process again from scratch with new documentation and TWO (2) visa runs to Japan; the first to cancel your visa/status of sojourn (allowing you to begin the job application process) and the 2nd to obtain a new E2 visa.
Immigration MAY, at the discretion of the immigration officer reviewing your case at the time of your application for a change in status, allow you to transfer or switch to a D10 PROVIDED there are no other outstanding financial obligations to your employer (airfare, etc).
They also may not. It is not a forgone conclusion either way.
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s.tickbeat
Joined: 21 Feb 2010
Location: Gimhae
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| Posted: Fri Oct 05, 2012 6:58 am Post subject: |
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Hiya!
Everything Ttompatz said, plus, your school is simply not allowed to charge you for the recruiter fee. Using a recruiter is a gamble that the school makes, and you are never under any obligation to pay them for it should the situation not pan out.
I'm more interested in the job prospects you mentioned. The E-2 visa is a work visa designed specifically for native English teachers. For other professionals there are other visas - all E-series - that denote those professions. If you're looking at switching to a non-teaching job not in the education sector, you would have to submit a whole new set of relevant documents anyway. It may or may not require the same things, but you can bet that your university degree and a fresh CRC will be necessary for your new E-series- but-not-E2 work visa.
If you're American, as soon as you send your fingerprints off to the FBI just call or e-mail your state representative and tell them you need your CRC ASAP 'cause you're in another country and need it for work. More often than not one of the people who answers the phone or reads the email will just send a note to the local FBI office, and somehow the bureaucracy speeds up. If you're lucky, you get your CRC back in just 3 or 4 weeks (2 or 3 weeks ahead of the usual schedule!)
Either way, it's better to have documents and not need them (thanks to the LOR) than to need them and not have them. Getting a LOR isn't impossible, but there's a trick to it that involves looking very sad and regretful, and also writing a nice letter, and most importantly having collateral (i.e sign this post-dated LOR right now, and I will stay until that date, OR I will walk out right now and all the students will see me walk out and boy won't that be embarrassing? But, politely, humbly) If you need a LOR template I can send you mine. It's bilingual. |
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Stan Rogers
Joined: 20 Aug 2010
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sun Oct 07, 2012 4:17 am Post subject: Re: Quitting job advice |
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| Fabulous wrote: |
1. My contract says I have to give 2 months notice. Do I really have to do this? Will it affect my ability to get another visa? If a job opportunity comes up then I doubt a new employer will be willing to wait two months for me to start.
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-No. It's not legally necessary. If your contract doesn't state some extra benefit you get from giving the 2 months notice then you have no incentive (other than moral) to do so.
-It will not effect your ability or chances of getting another visa. There is nothing at all illegal about leaving a contract early with or without giving any advanced notice.
| Fabulous wrote: |
2. In the event my employer doesn't give me a letter of release, do I have to do a run to Japan in order to cancel my visa and start all over again?
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-You will need to leave the country. You can either cancel your visa at the airport or do it in advance.
-You can cancel your visa at any immigration office. You just go in and tell them that you quit your job. They will give you 14 days to leave Korea.
-Then you start over again.
-I would advice you to get a copy of all your documents BEFORE you quit (if you don't already have a second copy).
-Even if you DO get a letter of release, you won't necessarily be able to transfer at this point. I'm not sure what the regulations are not, but it used to be that you had to stay 6 months in order to use a LOR. I've heard plenty of cases of people doing it at 4 months and occasionally someone who did it earlier, but you'd be best off calling immi to ask for sure.
| Fabulous wrote: |
3. In addition to question 2... Can I go down to immigration and cancel my own visa and change it into a traveler's visa or do I need to hand in my ARC and leave the country in order to cancel it? I'm a little confused on how visas are cancelled. So many websites and forums say slightly different things and I don't know what applies to myself.
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-If someone at immigration is in a VERY good mood, they CAN make an exception and switch you to another visa type, but they usually don't do it unless you fit the regular conditions for it. Count on having to do a visa run.
| Fabulous wrote: |
4. I was already in Korea when they hired me, so I don't have to pay back any airfare. However, will they ask for the recruiter fee back? Do I have to pay it? There's nothing in my contract about that.
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-No. You owe them nothing. Neither legally nor ethically.
-How do you know they will ask for it? Did they tell you this?
| Fabulous wrote: |
5. Is it really possible to be banned from teaching in Korea if you break your contract or is that just a scare tactic that schools and recruiters use?
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-Just a scare tactic. There is no legal basis to it. There is nothing illegal about leaving early. Nothing illegal about an employee breaking a work contract. The labor board knows it. Immigration knows it. Your employer and recruiter know it. Recruiters are a scummy bunch to begin with. Take what they say with a grain of salt and realize that they're just out to protect their own backsides and to some degree their employer's butt (the school) in hopes of getting paid again.
-As long as you don't overstay your visa, work without a permit, or do something criminal (labor contracts are civil matters, not criminal) then immigration will treat your visa application just like everyone else's. |
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Fabulous
Joined: 08 Sep 2012
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| Posted: Sun Oct 07, 2012 5:03 pm Post subject: |
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Wow, thank you all so much for your advice. It has really made me feel at ease with this whole situation. For some reason, probably because of the misinformation floating around the internet, I always thought leaving your contract early would cause irreparable damage and would make getting a new visa nearly impossible to get. Now I know that I was wrong.
My school hasn't given me any hints that they would ask for the recruiter fee back, but I just wanted to be prepared in case they do. The owner of the school seems a bit... off, for lack of a better word. I don't see her very often, so I'm not entirely sure how she would handle me quitting. I'm just preparing for the worst and getting my documents in order.
Again, thank you all for the helpful advice. |
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