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ktkt2289
Joined: 01 May 2013
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 Posted: Fri Nov 01, 2013 5:21 am Post subject: |
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Do I need a D10? I already have a new job lined up. Can I get a D10 and then switch it to a new E2?
I also have been looking up how to do a visa run. As far as I can understand, I just need to resubmit the documents (I'm assuming apostilled record check, degree like before) to the new school to get a new number, then go abroad to pick it up. |
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CentralCali
Joined: 17 May 2007
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| Posted: Fri Nov 01, 2013 6:46 am Post subject: |
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Seems to me your best bet is to get a new set of documents, get accepted for the new job by an understanding boss, and then do the visa run. The local immigration office keeping your ARC indicates to me that it also has been canceled.
Agree with hagweonguy: It's an offense to interfere with your pursuit of employment. It's also an offense to slander/libel you.
Please, please, please never again sign anything other than a contract, a visa application, or a request to immigration while you're in Korea. Nothing good ever comes of it.
Even if you depart Korea permanently, you can still have a case pursued through the Labor Board. You need to designate someone as your agent using the assignment form available at the Labor Board.
I just reread the thread and I am more convinced now that your boss is flouting a few other rules/regulations/laws than at first glance. There's no way the place is operating legally given your complete description of the physical environment. Before leaving Korea (either permanently or temporarily), you should also check with the Pension Office, the National Health Office, and the Tax Office to see exactly how you've been reported and at what level salary to those entities. Don't forget to check with the local Ministry of Education. Of course, not being able to speak Korean, you'll have to get a Korean speaking friend to go along with you to these places to get this all done. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri Nov 01, 2013 7:51 am Post subject: |
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| ktkt2289 wrote: |
She clearly knows that she owes me something, or she wouldn't be furious that I went to labor. If she was innocent, she could go to the meeting and put her case forward and embarrass me. But with the apology she wants me to sign something that says I will not complain in the future, so she knows she's acted badly.
IPIC, I've stated repeatedly that I did what I did based on the advice of other foreign teachers and the labor office itself. Forgive me if I value the opinion of Korean labor law more than yours.
I would love to go ahead with the meeting at labor, and see what I could get. Now that she has canceled my visa, I have one month from the date she fired me, which brings me to Nov 11. I have 10 days.
I have a new job lined up. But if I left the country, do you know how long it would take for me to get a new visa? Would I even be approved?
Going to apologise to her is my worst nightmare, it breaks my heart because I know she's going to get off on it. It's unbelievable that a small hagwon could have so much power. Maybe I will look into taking a little vacation and coming back fresh. |
Going to the Labor Board is the right thing to do, because you didn't get 30 days' notice or 30 days' pay. You probably had a notice requirement in your contract as well.
However, timing is everything.
It should be standard advice to teachers in similar situations:
Don't go to the Labor board or other agency to officially report your "ex" boss until you get your new job lined up, your visa transferred, you've moved into your new housing and started work. After you're settled and secure, file your claims and make your reports. Protect yourself before you attack.
Sorry ktkt2289, but this comes a bit late for your case. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri Nov 01, 2013 7:56 am Post subject: |
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| IPayInCash wrote: |
| hogwonguy1979 wrote: |
| IPayInCash wrote: |
| Quote: |
| She can go to the labor board if she wants. She'll lose. |
Wow, called this a month ago. Your employer had the upperhand on you from the moment you started giving BOTH sides of the story. Now you're frantically running around, delivering cakes to your ex-boss with a full 90 degree bow to apologize to her. Talk about degrading. Was it worth it? Sounds like your life is hell now, contrary to mine where I have a DREAM JOB in Korea since I know how to pick my battles.
You should have listened to my advice. I hope you learned a good lesson from this. Enjoy being scolded by your ex boss like a kindergartener.  |
please go away you moron, poor person needed some help not your condescending bs. |
I gave them some help, told them not to go to the labor board, OP didnt listen, and is now begging her ex boss for an apology. I was right, OP was wrong and is now paying the price (literally ).
If more people listened to IPIC people wouldnt have these problems. |
IPIC, aaack! You make everyone throw up. |
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IPayInCash
Joined: 27 Jul 2013
Location: Away from all my board stalkers :)
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| Posted: Fri Nov 01, 2013 8:13 am Post subject: |
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| IPayInCash wrote: |
| Unposter wrote: |
IPIC,
No, you were being callous. There is a time for your shtick and there is a time to back away. Please learn it. |
Was my advice NOT to go to the labor board right or wrong? Answer the question. |
**crickets**
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peterpan1110
Joined: 06 Apr 2011
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| Posted: Sun Nov 03, 2013 10:20 pm Post subject: |
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| IPayInCash wrote: |
| IPayInCash wrote: |
| Unposter wrote: |
IPIC,
No, you were being callous. There is a time for your shtick and there is a time to back away. Please learn it. |
Was my advice NOT to go to the labor board right or wrong? Answer the question. |
**crickets**
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just read through the entire ordeal and you were 0% helpful. nice try though, IPIC, you will give good advice one day. move on to the next thread. |
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Scorpion
Joined: 15 Apr 2012
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| Posted: Sun Nov 03, 2013 11:12 pm Post subject: |
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| IPayInCash wrote: |
| IPayInCash wrote: |
| Unposter wrote: |
IPIC,
No, you were being callous. There is a time for your shtick and there is a time to back away. Please learn it. |
Was my advice NOT to go to the labor board right or wrong? Answer the question. |
**crickets**
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What kind of person takes pleasure in another person's misfortune? Laughing icons, really? You truly are a degenerate. |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Mon Nov 04, 2013 12:59 am Post subject: |
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| CentralCali wrote: |
Seems to me your best bet is to get a new set of documents, get accepted for the new job by an understanding boss, and then do the visa run. The local immigration office keeping your ARC indicates to me that it also has been canceled.
Agree with hagweonguy: It's an offense to interfere with your pursuit of employment. It's also an offense to slander/libel you.
Please, please, please never again sign anything other than a contract, a visa application, or a request to immigration while you're in Korea. Nothing good ever comes of it.
Even if you depart Korea permanently, you can still have a case pursued through the Labor Board. You need to designate someone as your agent using the assignment form available at the Labor Board.
I just reread the thread and I am more convinced now that your boss is flouting a few other rules/regulations/laws than at first glance. There's no way the place is operating legally given your complete description of the physical environment. Before leaving Korea (either permanently or temporarily), you should also check with the Pension Office, the National Health Office, and the Tax Office to see exactly how you've been reported and at what level salary to those entities. Don't forget to check with the local Ministry of Education. Of course, not being able to speak Korean, you'll have to get a Korean speaking friend to go along with you to these places to get this all done. |
The OP shouldn't have to get a "new set of documents."
The question is did the "release letter" she was given have any value? Did it have the proper Hagwon/place of business stamp on it?
It does seem like whatever the OP does or wherever the OP goes a bad trail is left behind. You have to know how to maneuver yourself inside the labor office. Didn't you think about this before?
In fact, you could've always called the labor ministry English phone line when you're at the labor office so that they can interpret for you to the Korean speaker at the labor office. Who'd of thunk it? Hint, there is usually a young person sitting/standing in the background somewhere who knows English. That person is probably an intern and doesn't get paid much but he/she can help you with the basics of filling in/out the complaint. |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon Nov 04, 2013 3:58 am Post subject: |
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| Los Angeloser wrote: |
| The question is did the "release letter" she was given have any value? Did it have the proper Hagwon/place of business stamp on it? |
Evidently the Immigration Office determined the release letter she had in hand has no value because they informed her the boss canceled the release letter. See quote below:
| ktkt2289 wrote: |
| Then I visited immigration. They told me that my boss had canceled by visa and my release letter because I had gone to labor. She said she would only reinstate the release if I canceled my meeting with labor and made a face to face apology to her. |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Mon Nov 04, 2013 4:54 pm Post subject: |
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| CentralCali wrote: |
| Los Angeloser wrote: |
| The question is did the "release letter" she was given have any value? Did it have the proper Hagwon/place of business stamp on it? |
Evidently the Immigration Office determined the release letter she had in hand has no value because they informed her the boss canceled the release letter. See quote below:
| ktkt2289 wrote: |
| Then I visited immigration. They told me that my boss had canceled by visa and my release letter because I had gone to labor. She said she would only reinstate the release if I canceled my meeting with labor and made a face to face apology to her. |
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And what good is a "release letter" for the OP anyway? The OP can find a job easy enough without one since the contract is OVER! |
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ktkt2289
Joined: 01 May 2013
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| Posted: Mon Nov 04, 2013 9:13 pm Post subject: |
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Hey all
Another update
So I managed to get a D10 visa. I have to wait for three weeks for it to be mailed to me. From then, I can get a new job. But its still not clear whether I need a release letter or not. The office in Changwon told me I do, but Daegu office told me I don't because I worked at the previous hagwon for 10 months. Either way, by the time the D10 arrives, the official end date of my previous contract will have past, so I'm not sure why the previous school would still have relevance. I have that status for 6 months, during that time, I can go back to the UK if I want to.
I had my meeting at labor today. I decided not to cancel it as I couldn't stomach going back to see my ex boss, and apologise when she was the one who screwed me over in the first place. So I kept the meeting and went with a translator. We got there early, and I was really nervous, as I had no idea what to expect. My original labor petition had only been about not getting enough notice, so I wasn't going to push for anything else.
My ex boss didn't turn up. She sent one of the adult students from the school, who I guess is also a close friend now. She had called this student late last night (crying apparently) from stress and told the student to go instead of her. I'm not sure on the details, but my ex-boss is very stressed and busy because she's now trying to sell the hagwon.
Obviously, the student couldn't really help too much, and she ended up leaving halfway through the meeting. I thought they told her to, but my translator told me she was upset about the situation and didn't want to be there.
In the end, labor told me that I should get some compensation from her, but he's not sure how much. It's unclear in my contract whether I should get airfare if I was fired, but like I said, I wasn't pushing for that.
The other thing is he's not sure when she gave me notice from. I tried to emphasize that the first time she mentioned me leaving early was in passing, and not confirmed, but I think they're going to use that date as notice, not the letter. So I will probably only get two weeks worth of pay to bring the notice up to a month.
If she refuses to pay, I could take her to court, but to be honest I just want to move on now. |
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neilio
Joined: 12 Oct 2010
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| Posted: Mon Nov 04, 2013 10:27 pm Post subject: |
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Just read your story OP, and I feel for ya. Take this as a learning experience.
I pray that you find the strength to go all the way and give your ex-boss what she deserves. Think about not only the protecting the teachers-to-come at the hagwon (assuming doesn't sell), but protecting teachers everywhere by putting this story out there. The more we expose situations like these, the more they will be prevented or acted on in the future.
You need to take on a "Who the f do you think you are" attitude.
You deserve severance.
You deserve an apology.
You deserve a fucking cake. |
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Smithington
Joined: 14 Dec 2011
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| Posted: Mon Nov 04, 2013 10:28 pm Post subject: |
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| ktkt2289 wrote: |
| My ex boss didn't turn up. She sent one of the adult students from the school, who I guess is also a close friend now. She had called this student late last night (crying apparently) from stress and told the student to go instead of her. I'm not sure on the details, but my ex-boss is very stressed and busy because she's now trying to sell the hagwon. |
The poor dear has stress. Breaks my heart. I hope she'll be okay. All she tried to do was screw you over in a foreign country, steal money from you, kick you out of your apartment, leave you hanging in immigration limbo, retact her release letter, and generally make your life as miserable as possible. Now she has stress. She sounds like a gentle lamb. Let's hope she feels better tomorrow. |
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ktkt2289
Joined: 01 May 2013
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| Posted: Mon Nov 04, 2013 10:32 pm Post subject: |
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| Smithington wrote: |
| ktkt2289 wrote: |
| My ex boss didn't turn up. She sent one of the adult students from the school, who I guess is also a close friend now. She had called this student late last night (crying apparently) from stress and told the student to go instead of her. I'm not sure on the details, but my ex-boss is very stressed and busy because she's now trying to sell the hagwon. |
The poor dear has stress. Breaks my heart. I hope she'll be okay. All she tried to do was screw you over in a foreign country, steal money from you, kick you out of your apartment, leave you hanging in immigration limbo, retact her release letter, and generally make your life as miserable as possible. Now she has stress. She sounds like a gentle lamb. Let's hope she feels better tomorrow. |
Lol. My thoughts exactly.
Can I favorite that message? |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Nov 05, 2013 4:54 am Post subject: |
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| ktkt2289 wrote: |
Hey all
Another update
So I managed to get a D10 visa. I have to wait for three weeks for it to be mailed to me. From then, I can get a new job. But its still not clear whether I need a release letter or not. The office in Changwon told me I do, but Daegu office told me I don't because I worked at the previous hagwon for 10 months. Either way, by the time the D10 arrives, the official end date of my previous contract will have past, so I'm not sure why the previous school would still have relevance. I have that status for 6 months, during that time, I can go back to the UK if I want to. |
Welcome to the wonderful world of "absolutely no standardization in government offices in South Korea". Some Immigration offices operate on the theory that you always need a prior employer's permission to move on, even after the contract is finished. Some don't.
| Quote: |
| I had my meeting at labor today. I decided not to cancel it as I couldn't stomach going back to see my ex boss, and apologise when she was the one who screwed me over in the first place. So I kept the meeting and went with a translator. We got there early, and I was really nervous, as I had no idea what to expect. My original labor petition had only been about not getting enough notice, so I wasn't going to push for anything else. |
Always go for the brass ring. Pursue the maximum so that it's more difficult for the examiner to justify denying you what's due.
| Quote: |
| My ex boss didn't turn up. |
Of course she didn't. This is a time-honored stunt for dishonest hagweon owners. A sympathetic Labor Board examiner/official would reschedule just on her request; but for you, never.
| Quote: |
| She sent one of the adult students from the school, who I guess is also a close friend now. |
"Close friend now" as in "You do this and you don't have to pay for the lessons." Another time-honored stunt. Kind of makes you wonder how the boss can afford to give free lessons when she's supposedly in dire financial straits, doesn't it?
| Quote: |
| She had called this student late last night (crying apparently) from stress and told the student to go instead of her. I'm not sure on the details, but my ex-boss is very stressed and busy because she's now trying to sell the hagwon. |
She's not under any stress other than the shock that you're pursuing this. She's not selling the hagweon. Now, she very well may be getting the ownership transferred to another person, but don't think for a minute that she's abandoning her cash cow. This is another time-honored stunt: go out of business and thus not have income therefore unable to pay you.
| Quote: |
| Obviously, the student couldn't really help too much, and she ended up leaving halfway through the meeting. I thought they told her to, but my translator told me she was upset about the situation and didn't want to be there. |
Guess the student figured out that the value of their time far exceeded the value of the lessons. Good!
| Quote: |
| In the end, labor told me that I should get some compensation from her, but he's not sure how much. It's unclear in my contract whether I should get airfare if I was fired, but like I said, I wasn't pushing for that. |
If it's unfair dismissal to avoid paying you that, then IMHO you should get the whole ball of wax. I'm also of the opinion that if you're dismissed unfairly, the boss should also have to pay you your full salary through the end of the contract, but I seriously doubt any Korean government office would go along with that.
| Quote: |
| The other thing is he's not sure when she gave me notice from. I tried to emphasize that the first time she mentioned me leaving early was in passing, and not confirmed, but I think they're going to use that date as notice, not the letter. So I will probably only get two weeks worth of pay to bring the notice up to a month. |
That's pure malarkey. The only evidence of notice is the written notice, unless you made a horrible mistake and admitted to Labor Board that you were aware of notice prior to that date. Always remember in Korea that you don't admit anything, you don't sign anything, you don't walk out unless you're leaving the country. Make the dishonest boss work hard to be dishonest.
| Quote: |
| If she refuses to pay, I could take her to court, but to be honest I just want to move on now. |
She will refuse to pay. You won't get anything unless you go to court. Yet another time-honored dishonest hagweon owner stunt. And, if it just so happens to be true that she is in dire financial straits, then you'll be way down on the totem pole of creditors to be repaid. |
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