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Zanniati
Joined: 04 Apr 2011
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 Posted: Thu May 23, 2013 7:57 am Post subject: What are my options? Please help! (Quitting my job) |
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I'm trying to quit my job and I've heard so many mixed reports about how this works. I'm wondering if someone can really help me out and tell me what my options are.
Here's my situation...
The reasons I want to quit aren't really important. I have been paid and all that and aside from things missing from my apartment I don't think there's been any breach in contract.
My boss has said I can change jobs Sept 1st, but I don't want to wait that long. I really don't like my job.
I MIGHT be able to get a release letter before Sept first but probably not a favorable recommendation if I were to get the letter.
I have been told that finding a job will be difficult if I quit my job because other schools will be worried about hiring someone that quit their last job.
QUESTIONS:
What, exactly, is the letter of release? Can I just get them to sign a form?
If I have the letter of release, what other documents do I need in order to get another job? Diploma? Transcripts?
If I don't have the letter of release, what documents do I need? All of them?
If I need a new CBC, do I need it apostilled? I read that as long as I haven't left Korea I don't need a new apostille. Is there any truth to that?
How difficult can I expect it to be to find another job if I quit my current job and don't have a reference from them?
Is it possible to turn my E-2 into a D-10 (the job search visa)? If so, how?
ALTERNATIVES:
Is it possible to have some kind of visa transfer to an educational visa so I could go to school for a few months while looking for another job? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu May 23, 2013 8:58 am Post subject: Re: What are my options? Please help! (Quitting my job) |
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| Zanniati wrote: |
I'm trying to quit my job and I've heard so many mixed reports about how this works. I'm wondering if someone can really help me out and tell me what my options are.
Here's my situation...
The reasons I want to quit aren't really important. I have been paid and all that and aside from things missing from my apartment I don't think there's been any breach in contract.
My boss has said I can change jobs Sept 1st, but I don't want to wait that long. I really don't like my job.
I MIGHT be able to get a release letter before Sept first but probably not a favorable recommendation if I were to get the letter.
I have been told that finding a job will be difficult if I quit my job because other schools will be worried about hiring someone that quit their last job.
QUESTIONS:
What, exactly, is the letter of release? Can I just get them to sign a form?
If I have the letter of release, what other documents do I need in order to get another job? Diploma? Transcripts?
If I don't have the letter of release, what documents do I need? All of them?
If I need a new CBC, do I need it apostilled? I read that as long as I haven't left Korea I don't need a new apostille. Is there any truth to that?
How difficult can I expect it to be to find another job if I quit my current job and don't have a reference from them?
Is it possible to turn my E-2 into a D-10 (the job search visa)? If so, how?
ALTERNATIVES:
Is it possible to have some kind of visa transfer to an educational visa so I could go to school for a few months while looking for another job? |
"Letter Of Release" is a form letter that effectively gives your sponsors permission to change jobs and clears you of your contractual obligations.
If you do not get one you will NOT be working in Korea until your ARC expires. Pack your bags and pick a new country to work in.
If you do get one then you have 2 options:
1) change to a D10 visa (looking for work).
You need your LOR, passport, ARC, application, 50k won and a 1 page plan on how you plan to find a new job. This will allow you to stay in Korea for up to 6 months, find a new job and change back to an E2 without needing all new documents.
2) transfer to a new job. You will need:
LOR
passport
ARC
new contract
new employer's business registration
new employer's guarantee (sponsorship form)
application
60k won for the transfer and 30k for the extension to complete your contract.
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Zanniati
Joined: 04 Apr 2011
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| Posted: Thu May 23, 2013 3:34 pm Post subject: Re: What are my options? Please help! (Quitting my job) |
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| ttompatz wrote: |
If you do not get one you will NOT be working in Korea until your ARC expires. Pack your bags and pick a new country to work in.
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I have read that I can still cancel my visa by leaving the country. For example, I could go to Japan, turn in my ARC, and apply for a new job when I came back. Is this not true? |
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beckett
Joined: 22 Jul 2009
Location: Ireland
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| Posted: Thu May 23, 2013 3:46 pm Post subject: |
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Ttompatz is more of an authority on this kind of thing but I just had a friend come back after a few weeks at home on a tourist visa, he went to immigration (Think he just had his apostilled degree) and he changed his Visa to a d10 (Looking for work visa). He had a job a week later.
I don't see how it would be any different for you if just did a runner to Japan and came back and did the same. |
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korea.teacher
Joined: 04 Feb 2009
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| Posted: Thu May 23, 2013 4:52 pm Post subject: Re: What are my options? Please help! (Quitting my job) |
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| Zanniati wrote: |
| ttompatz wrote: |
If you do not get one you will NOT be working in Korea until your ARC expires. Pack your bags and pick a new country to work in.
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I have read that I can still cancel my visa by leaving the country. For example, I could go to Japan, turn in my ARC, and apply for a new job when I came back. Is this not true? |
That's true, but you will need to go through the lengthy process of obtaining visa documents again. Months of delay.
The D10 Visa eliminates the need for a Letter of Release and allows you to transfer without obtaining new immigration documents.
After your last day of wok you have about 2 weeks to visit Immigration with your employer, and then an additional month before you have to leave the country.
During that time, you can return to Immigration, complete an application for a D10 Visa, pay a fee and drop off your ARC.
About a month later you wll return and pick up your ARC with an additional six months for job hunting.
BUT you can't leave the country during that time or you have to get your immigration documents again.
When you get a new job and have a signed contract, just visit Immigration with your employer and drop off your passport with your ARC.
I've done it twice with no problems. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu May 23, 2013 5:21 pm Post subject: |
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Since January of this year, it has generally been immigration policy to NOT allow a change of status, transfer to a new employer or issuance of a new E2 for people who are not contractually released from their prior employment either by:
-LOR or
-valid labor board complaint under adjudication
-said contract has expired.
Do NOT quit hoping that a simple run to Japan will clear up your visa and release you; it may or very likely now under the current policy, may not (meaning you need to find work in China, Japan, Thailand, etc).
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Zanniati
Joined: 04 Apr 2011
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| Posted: Thu May 23, 2013 10:31 pm Post subject: |
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korea.teacher - Could you describe what you did a little more? You quit a job, and then without a letter of release transferred your visa to a D-10? You went to immigration with your original employer? I mean, if I can't get a LoR there's no way they're going to go with me to immigration. Anyway, just please explain more clearly what exactly you did to get a D10.
Has anyone tried to pressure a school to give them a LoR? I was thinking something like giving 30 days notice and asking for a LoR and if they refused, not show up the next day and ask for the LoR again. Would something like that work? Or threatening to black list or something like that? I don't know if it would actually come to this but my director is very... unpredictable and I heard that when the last guy finished his contract and went to another school she was upset and made it really difficult for him.
ttompatz, On the LoR form I need a "Seal". What exactly does that refer to? Like, just some image of the school's icon or is it like, my director's official seal? Is this something that she would have with her all time time? Also, do I use my current address that is provided to me by the school? Basically, I want to ask for it and get it done immediately. I want to hand her a piece of paper and say "Sign this please." and be done with it.
Thanks guys, I really appreciate it. I've been crazy stressed about all this and I just want to get it done. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri May 24, 2013 2:19 am Post subject: |
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The school's red stamp.
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Zanniati
Joined: 04 Apr 2011
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| Posted: Tue May 28, 2013 1:33 am Post subject: |
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One last thing (hopefully). Can my boss fire me without any notification? Like, could I walk in tomorrow and she just be like "Yeah, you're done."? In my contract I remember it says they need to give me 30 days but is that also Korean law?
TL;DR: Can I make any claims against my job if I don't have a copy of my contract? If not, any suggestions on how to get a copy of my contract from my boss?
I also have kind of a big problem. In the beginning I actually came early and so I didn't have a contract signed when I came to Korea. I just had one they showed me. But when I arrived they had me sign a different contract. The terms were basically the same but we only signed 2 copies. One went to immigration, my boss kept the other. So, I don't have a copy of my contract. I had asked for one but I was never given one and after they hadn't given it to me after a little bit I felt awkward about pushing it while I had just gotten there. Stupid, I know. If I go to immigration, would they would have a copy or do they basically go "Yeah, it's a contract." and toss it out? |
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Juregen
Joined: 30 May 2006
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| Posted: Tue May 28, 2013 2:00 am Post subject: |
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| Zanniati wrote: |
One last thing (hopefully). Can my boss fire me without any notification? Like, could I walk in tomorrow and she just be like "Yeah, you're done."? In my contract I remember it says they need to give me 30 days but is that also Korean law?
TL;DR: Can I make any claims against my job if I don't have a copy of my contract? If not, any suggestions on how to get a copy of my contract from my boss?
I also have kind of a big problem. In the beginning I actually came early and so I didn't have a contract signed when I came to Korea. I just had one they showed me. But when I arrived they had me sign a different contract. The terms were basically the same but we only signed 2 copies. One went to immigration, my boss kept the other. So, I don't have a copy of my contract. I had asked for one but I was never given one and after they hadn't given it to me after a little bit I felt awkward about pushing it while I had just gotten there. Stupid, I know. If I go to immigration, would they would have a copy or do they basically go "Yeah, it's a contract." and toss it out? |
They would still be responsible for one months pay.
If immi has your contract, ask Immi to give you a copy. simple. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Tue May 28, 2013 4:04 am Post subject: |
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| Zanniati wrote: |
Has anyone tried to pressure a school to give them a LoR? I was thinking something like giving 30 days notice and asking for a LoR and if they refused, not show up the next day and ask for the LoR again. Would something like that work? Or threatening to black list or something like that? I don't know if it would actually come to this but my director is very... unpredictable and I heard that when the last guy finished his contract and went to another school she was upset and made it really difficult for him.
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You can try and pressure, but it still remains that an employer is not obligated to give you a LOR. So you can try pressure but unless it is really good pressure. You could end up just pissing of the school and having them refuse the LOR just out of spite. You could even make the situation worse. Some Korean bosses can be really tetchy.
Have you considered another tactic. Buying or dealing your way out. Under Korean law you are not obligated to give notice, you can quit anytime. But if you quit, you can not transfer. So tell the school you want to quit by a certain time. And if they deal you will stick around and work with them. If they say no, you are gone.
You mentioned above they need to you to Sept 1st. Find out why. Then start negotiations, okay you are leaving early. Offer them something for the earlier date. For example, you will pay back plane ticket and recruiters rate. Maybe you can get it pro-rated. Why do they need to you stick around, maybe they are having trouble finding a teacher. So help them find a new teacher. If all you give the school is problems, then expect them to get nasty. Yet, if you give them solutions and no problems you can be amazed to find things turn around. I do add the warning is give no solutions on the promise of getting the LOR. You get that LOR, they get the extra time and what ever else is negotiated for. Once again do not takes promises of the LOR. Get it, post dated if needed or held by third party, but get it. |
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