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Korean Job Discussion Forums
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periwinkle
Joined: 08 Feb 2003
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 Posted: Wed Dec 29, 2004 3:56 am Post subject: Release Letter |
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Sorry- this has been beat to death, but my search on this site had 1908 matches for "release letter", and the first 50 didn't seem relevant.
Here's my quandry: I am on vacation now, but my contract doesn't end til the end of Feb. I want to start a new job next month, but even though I have fulfilled my teaching obligations, my current school won't release me from my contract unless I sign a letter of resignation and consequently forfeit 2 months salary! Is this legal? I'm on vacation til the end of my contract, so I don't see what the big deal is.
Anyway, if I leave Korea (I only have a single entry visa), my current visa is effectively cancelled, right? So I can leave Korea on a visa run for my new job, and everything's cool with immigration? Also, I'll be in a different city, so my current school wouldn't know that I had changed visas, right? Or are they informed? I know they'll be informed I left the country, thereby cancelling my visa, but is that it?
So! Can I get a release letter but still receive the rest of my vacation pay and severance? Please help!!!!!!! |
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Grotto
Joined: 21 Mar 2004
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| Posted: Wed Dec 29, 2004 4:10 am Post subject: |
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| talk to the labour board. |
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turtlepi1
Joined: 15 Jun 2004
Location: Abu Dhabi, UAE
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| Posted: Wed Dec 29, 2004 4:42 am Post subject: |
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| Grotto wrote: |
| talk to the labour board. |
Um...maybe I misunderstood but he is looking at double-dipping...
Why would the labour board want to help him out when he is clearly in the wrong. They are paying him whether he is actually teaching classes or not.
They own him until the end of the contracted time. Sure he can request to leave early but in that case as he said they want him to forfeit his 2 months pay.
I don't blame him for wanting the best of both worlds, and some employers might let him get away with it...his has chosen not to. |
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the eye
Joined: 29 Jan 2004
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| Posted: Wed Dec 29, 2004 6:28 am Post subject: |
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yes, of course it's legal.
you have a 12 month agreement that must be completed to receive severance.
your school is perfectly within rights to refuse your request..
at any rate, you cannot get around this problem by leaving the country and coming back on a tourist visa. the problem lies in the fact that you must eventually get a new teaching visa.
your old teaching visa is not cancelled when you leave the country, and immigration will not allow you to get a new one until the old one has ended.
even though you will be working in a different city, i wouldn't count on being able to get a new visa. some people on this board will tell you that they have done it successfully in the past, but i would bet things have tightened up.
it sounds like your school wants something in return for doing you this favor.
have you asked them why they are refusing your request?
maybe you can weasel your way into a negotiation with them? |
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J.B. Clamence
Joined: 15 Jan 2003
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| Posted: Wed Dec 29, 2004 8:13 am Post subject: Re: Release Letter |
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| periwinkle wrote: |
| my current school won't release me from my contract unless I sign a letter of resignation and consequently forfeit 2 months salary! Is this legal? |
Your school is under no obligation to release you from your contract. They are going to pay you to do nothing for the next two months. But why should they pay you so that you can go and work at another school? Of course they are not going to do that. If you want to work at another school, you have no right to expect your old school to pay you during that time. Not only is it legal, but it is perfectly justified.
| Quote: |
| Anyway, if I leave Korea (I only have a single entry visa), my current visa is effectively cancelled, right? So I can leave Korea on a visa run for my new job, and everything's cool with immigration? Also, I'll be in a different city, so my current school wouldn't know that I had changed visas, right? |
No, it doesn't work like that. You cannot get a new visa while your current one is still valid. It doesn't matter whether or not your current school knows that you changed visas, because your school is not the one responsible for keeping track of your visa affairs. That's immigration's job, and they do keep track of these things. They will not give you a new visa while you already have one (and leaving the country is not enough to get out of your contract). That is the reason why you need a release letter.
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| Can I get a release letter but still receive the rest of my vacation pay and severance? Please help!!!!!!! |
Again, this is entirely up to your school. If they say no, then the answer is no. And I don't know of any school that would pay someone for two months while they were working somewhere else. |
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turtlepi1
Joined: 15 Jun 2004
Location: Abu Dhabi, UAE
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| Posted: Wed Dec 29, 2004 4:11 pm Post subject: |
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You may though be able to talk to the school and give up one months salary and they pay you for the other one....then both of you would be happy...
If it were me though I would go hang out on a beach...(normally I would say Thailand, but in view of recent events...) |
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Daechidong Waygookin
Joined: 22 Nov 2004
Location: No Longer on Dave's. Ive quit.
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| Posted: Wed Dec 29, 2004 4:28 pm Post subject: |
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| Ofcourse your school is 100% in the right. You want to get a new job, get paid by your new school BUT ALSO get paid by your old school for those last 2 months? Why should your school pay you when you are not under contract with them? |
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katydid
Joined: 02 Feb 2003
Location: Here kitty kitty kitty...
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| Posted: Wed Dec 29, 2004 7:41 pm Post subject: |
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I have a silly question:
This might be the first time in three years that I have ever left my contract early to get a job in a new country, so I'm not familiar with release letters. I'm thinking I will need a release letter for that, and saw the sample letter for it, so I'm good on what a release letter needs to say, but once I get one, um, what do I do with it? Does it go to the Immigration person checking my passport when I enter the departures area? Does it need to be sent somewhere?
I appreciate the help... |
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prosodic
Joined: 21 Jun 2004
Location: ����
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| Posted: Wed Dec 29, 2004 10:22 pm Post subject: Re: Release Letter |
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| periwinkle wrote: |
Sorry- this has been beat to death, but my search on this site had 1908 matches for "release letter", and the first 50 didn't seem relevant.
Here's my quandry: I am on vacation now, but my contract doesn't end til the end of Feb. I want to start a new job next month, but even though I have fulfilled my teaching obligations, my current school won't release me from my contract unless I sign a letter of resignation and consequently forfeit 2 months salary! Is this legal? I'm on vacation til the end of my contract, so I don't see what the big deal is.
Anyway, if I leave Korea (I only have a single entry visa), my current visa is effectively cancelled, right? So I can leave Korea on a visa run for my new job, and everything's cool with immigration? Also, I'll be in a different city, so my current school wouldn't know that I had changed visas, right? Or are they informed? I know they'll be informed I left the country, thereby cancelling my visa, but is that it?
So! Can I get a release letter but still receive the rest of my vacation pay and severance? Please help!!!!!!! |
There is one solution. It is possible, but not easy, to persuade Immigration to allow dual sponsorship for a few months. The trick is that both employers must agree to dual sponsorship.
This used to be easier to do, but I hear on the grapevine that Immigration is less and less open to the idea. |
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the eye
Joined: 29 Jan 2004
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| Posted: Wed Dec 29, 2004 10:49 pm Post subject: |
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| katydid wrote: |
I have a silly question:
This might be the first time in three years that I have ever left my contract early to get a job in a new country, so I'm not familiar with release letters. I'm thinking I will need a release letter for that, and saw the sample letter for it, so I'm good on what a release letter needs to say, but once I get one, um, what do I do with it? Does it go to the Immigration person checking my passport when I enter the departures area? Does it need to be sent somewhere?
I appreciate the help... |
if you are going to be working in a NEW country, you wil not need a release letter. just give proper notice of resignation, leave, and hand in your ARC at the airport. |
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katydid
Joined: 02 Feb 2003
Location: Here kitty kitty kitty...
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| Posted: Wed Dec 29, 2004 11:00 pm Post subject: |
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Ah! That's very good to know! Thanks, eye!  |
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