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kangnabi
Joined: 10 Jun 2012
Location: Seoul
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 Posted: Tue Mar 05, 2013 9:48 pm Post subject: Ending my E-2 Visa |
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I've finished my 1 year contract (for the 2nd time) My employer wants to terminate my E-2 Visa IMMEDIATELY for some reason. They have expiration dates.... which allow a a person 1 month to find a new job and not have to do the ridiculously long American Visa process over again. Is this fair? my first hagwon job didnt cancel my visa on my last day of work... it simply expires within a couple of weeks....
I think my boss is shady cause she didn't even make my contract last one full year ( short by a week) so that she didn't have to pay severance or pension. I will go cancel my visa and apply then for a d-10 ( 70,000won >.<) but soon enough I'll likely be on a new E-2 visa... Just wondering if there is a need for her to cancel my visa like this ? Thanks  |
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Kepler
Joined: 24 Sep 2007
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| Posted: Tue Mar 05, 2013 10:20 pm Post subject: Re: Ending my E-2 Visa |
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| She's probably thinking that if you go to immigration to cancel your visa early it'll look like you voluntarily quit before a year passed. She knows the labor board has been cracking down on employers who get rid of their workers in the 11th month to avoid paying severance. I would be uncooperative. |
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kangnabi
Joined: 10 Jun 2012
Location: Seoul
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| Posted: Tue Mar 05, 2013 10:38 pm Post subject: Re: Ending my E-2 Visa |
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| Kepler wrote: |
She's probably thinking that if you go to immigration to cancel your visa early it'll look like you're voluntarily quitting before a year passed. She doesn't want it to look like an 11th month firing. She knows the labor board has been cracking down on employers who fire their workers in the 11th month to avoid paying severance. I would be uncooperative. Don't go to immigration with her. She can't make you. Find a new job and then report her for not paying your severance. You have up to two years to file a labor board claim. You may win and get your severance after all.
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Oh im not getting severance, it wasnt even part of the contract i signed . That was just to show how shady she is. Im more concerned with her cancelling my visa so early allowing me no time to find a new job. Is that normal from public after school employers? |
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Kepler
Joined: 24 Sep 2007
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| Posted: Tue Mar 05, 2013 10:47 pm Post subject: Re: Ending my E-2 Visa |
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| kangnabi wrote: |
| Kepler wrote: |
She's probably thinking that if you go to immigration to cancel your visa early it'll look like you're voluntarily quitting before a year passed. She doesn't want it to look like an 11th month firing. She knows the labor board has been cracking down on employers who fire their workers in the 11th month to avoid paying severance. I would be uncooperative. Don't go to immigration with her. She can't make you. Find a new job and then report her for not paying your severance. You have up to two years to file a labor board claim. You may win and get your severance after all.
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Oh im not getting severance, it wasnt even part of the contract i signed . That was just to show how shady she is. Im more concerned with her cancelling my visa so early allowing me no time to find a new job. Is that normal from public after school employers? |
You are entitled to severance after completing a year. It doesn't matter if it's in your contract. It's part of the labor law. I'm not sure about your situation, but I've heard the labor board may make an employer pay severance if the employee is terminated in the 11th month. There is no need for her to cancel your visa on the last day of work. It's not normal. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Mar 06, 2013 12:33 am Post subject: Re: Ending my E-2 Visa |
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| kangnabi wrote: |
| Kepler wrote: |
She's probably thinking that if you go to immigration to cancel your visa early it'll look like you're voluntarily quitting before a year passed. She doesn't want it to look like an 11th month firing. She knows the labor board has been cracking down on employers who fire their workers in the 11th month to avoid paying severance. I would be uncooperative. Don't go to immigration with her. She can't make you. Find a new job and then report her for not paying your severance. You have up to two years to file a labor board claim. You may win and get your severance after all.
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Oh im not getting severance, it wasnt even part of the contract i signed . That was just to show how shady she is. Im more concerned with her cancelling my visa so early allowing me no time to find a new job. Is that normal from public after school employers? |
She can't unilaterally "cancel your visa".
She can inform immigration that you are no longer employed. That will give you 14 days to contact immigration or leave Korea (provided your ARC doesn't expire first).
IF you contact immigration within that 14 days then you can change to a D10 OR have a total of 30 days after your last day of employment (provided your ARC remains unexpired) to remain in Korea.
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cincynate
Joined: 07 Jul 2009
Location: Jeju-do, South Korea
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| Posted: Wed Mar 06, 2013 1:42 am Post subject: |
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Tell her you want your severance and you will go to the labor board if she refuses. Don't cancel your visa.. She is supposed to call immigration and let them know you no longer work there.
Don't let her screw you out of an entire month's salary.. If you let her get away with it, she will try it again on the next foreigner. Stand up and fight for yourself.. and fight for all of us! |
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