Korean Job Discussion Forums

[ankh13]

So I'm ending my contract and trying to find a new school but my boss is making it extremely hard.
1. Told me I am not allowed to work in 3 different gus (where all the jobs seem to be)
2. Said I applied to those gus and when they contact her (because only she is allowed to talk to my potential new school, according to her) she will lie and give me a bad reference so I do not get the job.

I am pretty sure it's against the Labor Law, unless I am making it up and am just screwed in finding a job.
Is there something I can do or show her to back down? Thanks!

[newchamp]

Are you finishing your contract? If so, there's not a thing she can do to stop you from getting another job anywhere in Korea. You can get a reference from someone else. Many potential employers would like to talk to your actual boss, but some potential employers have common sense and understand that many directors are crap.

If you haven't finished your contract and need a release letter, then your employer has power. Unfortunately Immigration has set up a system that sets up e2 visa holders for abuse. She seems like crap and I wouldn't trust her to give you a release letter even if you follow her demands.

[Fallacy]

Your situation has been covered in recent threads, so check those out and read the information and advice given there, as it will all apply to your current ordeal. Good news: you are not completely screwed, though hugely inconvenienced. Good luck.

[ankh13]

Yes, I am finishing my contract after 3 years with my employer. I've asked potential schools to contact my old Korean co teacher but instead they called my boss instead. I don't need a LOR but more of a letter of employment to prove I've worked there.
I did not see my ordeal on the 3 pages I searched, unless I missed something or didn't go far enough. Most pages were of people quitting or being fired and needing a LOR which is not my case since finishing mine.

[ttompatz]

Labor law requires the employer to provide a certificate of employment and prohibits interference with employment:

Article 39 (Certificate of Employment)
(1) If a worker makes a request to issue a certificate specifying
term of employment, job specification, title and wages or other
necessary information even after the retirement of the worker,
the employer shall immediately prepare and issue the factually
correct certificate.

(2) The certificate referred to in paragraph (1) shall only
contain the items that the worker concerned has requested.

Article 40 (Prohibition of Interference with Employment)
No one shall prepare and use secret signs or lists, or have
communication for the purpose of interfering with employment
of a worker.

http://www.moel.go.kr/english/poli/poliLaw_view.jsp?idx=254&tab=6

.

[Fallacy]

The post from ttompatz above gets straight to it, but I think a general search of threads past and present would reveal the general idea for your situation. Basically, no one can legally hinder or obstruct your leaving a current, or seeking a future, employment position, as any discovered attempts to do so constitutes "mercenary motive" and courts take a consistently negative view of that action.

[ankh13]

Thank you ttompatz. That is exactly what I wanted, something to physically show her that it's against the law, because me saying it means nothing unless I have it written down. I know she is not allowed to but my boss has never cared about the law, she has broken several others and is not concerned about being caught.