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Third contract in one year
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blindsheep



Joined: 18 Dec 2003
Location: n/a

PostPosted: Wed Oct 27, 2004 11:01 pm    Post subject: Third contract in one year Reply with quote

Both my partner and I worked 5 months of a Hagwon contract, and then quit because they were breaking the contract, the law and just a bad place to work. We did manage to secure a letter of release, and told immigration that the school was BAD.

So, we signed contracts at a new hagwon, but immigration denied one of us a contract, because we had already left one school this year (and because they wanted the school to achieve more than 70 students before they would give 2 E2 visas)

Now, after working almost 4 months at the above school, I would like to quit because the school appears to be going bankrupt. They are continually paying me very late, as well as many of the Korean staff. I like them, but am afraid that one month they will just be unable to pay me.

If I quit, with proper notice and manage to secure another letter of release, what do you feel the likelihood of being denied a 3rd work visa is in one year?

Immigration doesn't appear to care about the logical explanations for ending a contract, and since my partner is at another school, I don't want to quit and find I have to leave Korea because I can't get another visa this year.

Thanks for your assistance.
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bellum99



Joined: 23 Jan 2003
Location: don't need to know

PostPosted: Wed Oct 27, 2004 11:58 pm    Post subject: talk to them Reply with quote

Have you tried talking to them....just leaving every job is not a good way to do teaching. Maybe you should go home..
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hellofaniceguy



Joined: 10 Jan 2003
Location: On your computer screen!

PostPosted: Thu Oct 28, 2004 1:01 am    Post subject: Reply with quote

You are asking the WRONG people for info concerning your question. The wrong people. You NEED to be asking the one and ONLY person who can approve or answer your question and that is the man. Immigration. You need to get in tight with a immigration person where you live. I don't mean hang out and drink milk with...but get to know the folks at immigration. They can make or break you.
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turtlepi1



Joined: 15 Jun 2004
Location: Abu Dhabi, UAE

PostPosted: Thu Oct 28, 2004 1:35 am    Post subject: Re: talk to them Reply with quote

bellum99 wrote:
Have you tried talking to them....just leaving every job is not a good way to do teaching. Maybe you should go home..


Without knowing the OP's situation, I agree. I read this thread then didn't reply because when I respond with my initial thoughts it is usually off the cuff. Twisted Evil

OP: You said money is the issue. (fear of not getting paid otherwise you like the job.)

I assume money is quite tight for you and you don't have an emergency stash. That can be a scary place to be and if that is the case I sympathize with you. If you do have enough money I guess it comes down to how late you are getting paid. Paid late is different than not getting paid at all.

If I were the next person looking at your resume I really wouldn't want to take a chance on you. ESL teachers already have a bad rep before the get off the plane. (Not showing, doing a runner, showing up drunk...etc) Someone in their third contract in a year should send up red flags even for a Korean Howgan owner...Smile

Having said that, assuming you are in a position to get another visa from immigration you will find another job. So in the end I guess you need to do what is right for you.
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the eye



Joined: 29 Jan 2004

PostPosted: Thu Oct 28, 2004 3:06 am    Post subject: Reply with quote

i underwent a similar situation 6 month ago, although it wasn't a "third strike"...as in your case.

first off, don't bother trying to get in tight with immigration. they don't want any part of your business.
unfortunately, you will have to work this out with your director.

the best way to tackle this problem is through calm and diplomatic discussion with the owner.
tell him your concerns and ask him if he would like to lower his overhead by letting you leave. try to persuade him that this is in his best interest, financially. it is.

if he insists that everything is going to be ok, then you will just have to wait it out. if he fails to pay you on time once again, talk to him about it again. i believe the labor board has standards as to how late you may be paid.
therefore a case could be made for you. as long as you have worked less than 6 months at one place, they are not required to give you any notice before firing you.

if he pays late, or fails to pay you a further time, then you should tell him you wish to resign....and ask for a release letter. it must have his korean stamp on it and signature.
i would also make a visit to your local labor board office at that time, and inform them of the problem, just for the record.

by the sounds of it, your school employs 4 people or less...and therefore he is bound by a different set of rules, according to immigration.
immiration is becoming very sticky regarding how many times people change jobs. unfortunately, YOU will be penalized for changing jobs so often, even though it is beyond your control.

if the hakwan DOES go bankrupt, immigration is informed, and you are AUTOMATICALLY released from the contract...because the company no longer exists.

OR...here is another take. give him notice and live with your partner. wait out the contract and then apply for a new one. i dont want to suggest anything illegal, so i wont recommend you do part time stuff until the contract runs it's course. Wink

here are some websites for your info...but you may already know them.

http://www.efl-law.com/korea_home.html
http://www.molab.go.kr:8787/English/law/sub_1.jsp
http://www.moj.go.kr/immi/08_english/index.php
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jazblanc77



Joined: 22 Feb 2004

PostPosted: Thu Oct 28, 2004 5:35 am    Post subject: Reply with quote

You know where the door is!
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blindsheep



Joined: 18 Dec 2003
Location: n/a

PostPosted: Thu Oct 28, 2004 8:54 pm    Post subject: Reply with quote

Just to clarify the reason I am posting my position:
I know that I can leave.
I am not concerned about getting a letter of release.
I know teachers have bad reputations, I don't intend on perpetuating that.
I know that I can go to the labour board.

I am enjoying teaching, but I don't want to teach for free, or for an abusive director.

Thank you for being interested in my cause, but what I am really asking is if immigration WILL or WILL NOT grant a third visa in the same year, even if I have a letter of release. That's all I want to know.

THANKS!
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the eye



Joined: 29 Jan 2004

PostPosted: Thu Oct 28, 2004 9:37 pm    Post subject: Reply with quote

probably not.
if they do, you may be put on 'probation'- meaning, one more screw up- game over.

one could only hope, that after two failed contracts, you have learned how to protect yourself.
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Homer
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PostPosted: Fri Oct 29, 2004 2:24 am    Post subject: Reply with quote

the eye made a good point.

Even if you (blindsheep) had bad experiences and bad bosses (it happens) it is simple logic that you would learn from your experiences and figure out what to look for in order to prevent another bad working situation.

You have several advantages to do this, the main one being that you are in Korea and hence can visit the schools for yourself and talk to other teachers there.

Also, by now you should be able to spot a bad contract or at the very least a suspicious one.

There is also the possibility that when a teacher goes through job after job in such a short span that the teacher himself is doing something wrong.

In any case, concerning your visa, I think that it is only a matter of time before immigration simply denies you another visa and kicks you out. Every time you have one of those "bad" employement situations and leave it just makes the chances higher of this happening and why not?
Also, at some point word might get around and directors might just refuse to hire someone they might view as unreliable.
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mysteriousdeltarays



Joined: 07 Feb 2003
Location: Food Pyramid Bldg. 5F, 77 Sunset Strip, Alphaville

PostPosted: Fri Oct 29, 2004 10:23 am    Post subject: Reply with quote

No, they won't. What are you kidding me?
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captain kirk



Joined: 29 Jan 2003

PostPosted: Fri Oct 29, 2004 10:51 am    Post subject: Reply with quote

No, mysteriousdeltarays, I think Homer was being serious. Smile
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Homer
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PostPosted: Sat Oct 30, 2004 5:48 am    Post subject: Reply with quote

Well,

As a concrete example. 3 teachers were turned down by my boss because of bad employement history. How did she find out? She called immigration and asked around.
These teachers, through bad luck or bad choices on their part, had gone through a similar experience then the OP (multiple jobs in a short span). This cost them a job at the school where I am.

Also, immigration has and does deny E-2s to people who break their contracts like the OP did (many times in a year).

Not saying who is right or wrong here. Saying it does happen.
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captain kirk



Joined: 29 Jan 2003

PostPosted: Sat Oct 30, 2004 8:25 am    Post subject: Reply with quote

Felt bad for this guy.
He came for an interview, while meanwhile, in the middle of humid summer, seeing a lawyer about getting his diploma back from a school. The school said they'd lost it, had already given it back. After he left, and he looked like he was frazzled/irate, the boss said she'd called immigration who said he was blacklisted. And something about how he punched the wall in that school's office. He told me he'd gone back to try to get the diploma but he was bounced out. And he said that school got him an E-2, then gave him only part time. He baulked, made a scene when they wouldn't give him his diploma.
Who knows what really happened.
Yeah, he could have just taken the part time with E-2 and done fine 'privateering'. Maybe he didn't know that. Dunno if he was a case or not, but the school got him blacklisted.
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rapier



Joined: 16 Feb 2003

PostPosted: Sat Oct 30, 2004 10:54 am    Post subject: Reply with quote

captain kirk wrote:
Felt bad for this guy.
He came for an interview, while meanwhile, in the middle of humid summer, seeing a lawyer about getting his diploma back from a school. The school said they'd lost it, had already given it back. After he left, and he looked like he was frazzled/irate, the boss said she'd called immigration who said he was blacklisted. And something about how he punched the wall in that school's office. He told me he'd gone back to try to get the diploma but he was bounced out. And he said that school got him an E-2, then gave him only part time. He baulked, made a scene when they wouldn't give him his diploma.
Who knows what really happened.
Yeah, he could have just taken the part time with E-2 and done fine 'privateering'. Maybe he didn't know that. Dunno if he was a case or not, but the school got him blacklisted.

its the frustration. They hang onto your original certificates for a power trip. They lie, everything is manipulative underhand pressure. they play hardball but you can't. they hold all the cards. you do your best and then they label you a bad teacher to deny you severance. They scr**w you, and you feel powerless. Its eough to make anyone punch the wall.
Me? 3 schools in 2 years, no worries. just get that release letter.
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paperbag princess



Joined: 07 Mar 2004
Location: veggie hell

PostPosted: Mon Nov 01, 2004 6:03 am    Post subject: Reply with quote

where is the teacher's black anyway?
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