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couselm
Joined: 01 Nov 2013
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 Posted: Mon Apr 14, 2014 8:50 am Post subject: 90 Day Resignation notice? |
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I am unhappy with my job and my contract has been violated in multiple sections.
My employer is telling my I need to stay 90 days after I give notice or else pay my recruiter fee back (which, from my understanding, should be the recruiter's responsibility in under situations 3 month ). My contract mentions a 90 day notice but from what I have read online 30 days is standard. (if you are fired it is required for THEM to give me 30 days notice).
If 90 days notice actually legal under Korean law? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Apr 14, 2014 5:14 pm Post subject: |
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no notice is "REQUIRED" under Korean law.
Just wait until the day after you get paid and head for Taiwan or Thailand.
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couselm
Joined: 01 Nov 2013
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| Posted: Mon Apr 14, 2014 6:27 pm Post subject: |
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| How soon can i come back to korea? a week? a month? I would like to come back, I just don't want an e-2 again. |
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modernseoul
Joined: 11 Sep 2011
Location: Seoul
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| Posted: Mon Apr 14, 2014 6:39 pm Post subject: |
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| couselm wrote: |
| How soon can i come back to korea? a week? a month? I would like to come back, I just don't want an e-2 again. |
If you leave without notice (i.e. midnight run) the general idea is a year. With permission however these days you can't return on another visa until your previous visa has expired.
Non-E2 visas can be harder to come by unless you're Korean (F4), Married to a Korean (F6), highly skilled (E7) or a Student.
As your school has broken aspects of your contract you might have a case with the labor board and that maybe a way of getting around the 90 days notice and recruiter fee. |
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Porksta
Joined: 05 May 2011
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| Posted: Mon Apr 14, 2014 7:23 pm Post subject: |
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| modernseoul wrote: |
| couselm wrote: |
| How soon can i come back to korea? a week? a month? I would like to come back, I just don't want an e-2 again. |
If you leave without notice (i.e. midnight run) the general idea is a year. With permission however these days you can't return on another visa until your previous visa has expired.
Non-E2 visas can be harder to come by unless you're Korean (F4), Married to a Korean (F6), highly skilled (E7) or a Student.
As your school has broken aspects of your contract you might have a case with the labor board and that maybe a way of getting around the 90 days notice and recruiter fee. |
There is no way "around" those things as they are not allowed to be there to begin with. Just ignore them. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Apr 14, 2014 10:49 pm Post subject: |
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| couselm wrote: |
| How soon can i come back to korea? a week? a month? I would like to come back, I just don't want an e-2 again. |
You can leave (hand in your ARC to immigration as you exit to cancel your current status of sojourn) and return the next day as as tourist if that is your desire.
If you don't have your ARC yet then just the act of leaving will suffice to cancel your status of sojourn.
The EXCEPTION to this is Americans with a multi-entry visa. You actually have to get immigration (passport control) to CANCEL the visa as you exit.
With all of that said... getting another E2 (or any other visa that permits you to work) may be problematic until your initial contract period from the E2 has expired.
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couselm
Joined: 01 Nov 2013
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| Posted: Tue Apr 15, 2014 4:07 am Post subject: |
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| Thank you so much! |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sun Jun 01, 2014 6:45 am Post subject: |
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| ttompatz wrote: |
| couselm wrote: |
| How soon can i come back to korea? a week? a month? I would like to come back, I just don't want an e-2 again. |
You can leave (hand in your ARC to immigration as you exit to cancel your current status of sojourn) and return the next day as as tourist if that is your desire.
If you don't have your ARC yet then just the act of leaving will suffice to cancel your status of sojourn.
The EXCEPTION to this is Americans with a multi-entry visa. You actually have to get immigration (passport control) to CANCEL the visa as you exit.
With all of that said... getting another E2 (or any other visa that permits you to work) may be problematic until your initial contract period from the E2 has expired.
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The key word in that statement is "may". They may refuse you entry to the country completely. They may refuse you another work visa for 5 years. They may strip search you and do a cavity inspection. They may also plant drugs on you and then throw you in a prison cell for the rest of your life. There are a lot of things that they "may" do but they are all unlikely. Ttompatz likes to go on and on about something that happened a few years ago where they weren't issuing new visas until old ones naturally would have expired but that was a very short lived situation.
They way it almost definitely will work is that you can apply for a new visa as soon as you cancel the current one. You'll need a new set of documents. You can be in the country or out while your future boss applies for the visa number but you'll have to go out again (usually to the Korean Consulate in Osaka or Fukuoka) to pick up the new visa (a 2 day trip).
If your school has been doing something illegal (e.g. not paying you in full) then you can also make a complaint at the LB and ask them to release your current contract so that you can transfer the visa to a new school. That way you don't need to make any visa run. In either case, if you leave right after payday then your boss will probably try to withhold the pay owed for the week you worked that month. If he does then just go the LB after your new job starts and file a complaint to get paid. It may take a while but you should eventually get paid.
Another thing to note. After you quit or get fired, you have 14 days to leave the country (or 30 if you ask immigration for the extension). You don't have to secretly run to the airport in the middle of the night and hope your boss doesn't find out before the plane leaves Korean airspace. You WILL need to move out of the apartment that your boss rented. (Legally you could stay but you'd just be inviting a world of problem if you stick around.) You can call up your boss one morning and say, "Hi. I'm not coming in to work today because I quit. Have a nice day." And then hang out at a hotel or a friend's place for a couple of weeks while you get your plan in order. The boss can't do anything to you. It's your legal right to quit at any time you want (and Koreans do it all the time). |
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Bloopity Bloop
Joined: 26 Apr 2009
Location: Seoul yo
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| Posted: Mon Jun 02, 2014 6:39 pm Post subject: |
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| ttompatz wrote: |
The EXCEPTION to this is Americans with a multi-entry visa. You actually have to get immigration (passport control) to CANCEL the visa as you exit.
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Is that different from the ARC? My ARC expires on the 20th of this month but I wanted to leave on the 9th and come back on the 10th on a tourist VISA. Would that be a problem? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jun 02, 2014 9:51 pm Post subject: |
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| Bloopity Bloop wrote: |
| ttompatz wrote: |
The EXCEPTION to this is Americans with a multi-entry visa. You actually have to get immigration (passport control) to CANCEL the visa as you exit.
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Is that different from the ARC? My ARC expires on the 20th of this month but I wanted to leave on the 9th and come back on the 10th on a tourist VISA. Would that be a problem? |
If your are NOT American then the simple act of turning in your ARC will cancel your status of sojourn and allow you to return as a tourist.
If you ARE American and the visa in your passport has expired then the simple act of turning in your ARC will cancel your status of sojourn and allow you to return as a tourist.
If you are American AND have a multi entry visa in your passport that is NOT expired (no relationship to your ARC expiry date) then you need to stop at immigration in the airport and CANCEL your visa.
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