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some waygug-in
Joined: 25 Jan 2003
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Posted: Mon Jan 31, 2005 7:57 pm Post subject: If notice is given, do I still need a letter? |
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I've read on this forum that if I were to give 1 month's notice prior to leaving my current job, then legally I am not required to obtain a letter of release from my employer.
I am curious as to whether or not this is true.
Does anyone out there know for sure?
How can I find out?
Thanks in advance |
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Grotto

Joined: 21 Mar 2004
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Posted: Mon Jan 31, 2005 8:48 pm Post subject: |
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Are you leaving that job for another? Do you plan on returning to Korea before the period of your Visa is up?
If yes then you will probably need a letter of release to be able to get a new visa. |
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the eye

Joined: 29 Jan 2004
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Posted: Mon Jan 31, 2005 10:41 pm Post subject: |
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yeah, the only reason you need an LOR is if you want a new job. the LOR must be taken to immi by both parties together. |
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some waygug-in
Joined: 25 Jan 2003
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Posted: Tue Feb 01, 2005 12:59 am Post subject: |
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If that's the case then I see no advantage in giving notice.
I was thinking more along the lines of an Ultimatum.
Either I get paid in full by the end of this month or I will leave.
Letter or no. |
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Grotto

Joined: 21 Mar 2004
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Posted: Tue Feb 01, 2005 1:04 am Post subject: |
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If your employer isnt paying you in full, on time then go to the labour board.
Other option: tell your boss you will return to work when you get your pay.
But I would definately contact the labour board and file a complaint. |
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phaedrus

Joined: 13 Nov 2003 Location: I'm comin' to get ya.
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Posted: Tue Feb 01, 2005 2:04 am Post subject: |
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some waygug-in wrote: |
If that's the case then I see no advantage in giving notice.
I was thinking more along the lines of an Ultimatum.
Either I get paid in full by the end of this month or I will leave.
Letter or no. |
I think you can get a new visa if you are not being paid. Sounds like an excuse immigration would have sympathy for. Not being paid is essentially the same as being fired. If you get fired you are released automatically.
You really should contact the labor board. Then you have some evidence for immigration.
You should ask to start getting paid tomorrow. I'm sure your boss is still collecting his salary. |
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the eye

Joined: 29 Jan 2004
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Posted: Tue Feb 01, 2005 2:38 am Post subject: |
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i'd agree with grotto on that course of action to get your pay.
don't give an ultimatum...or your boss will also be forced to dig his heels in the ground.
have another chat with him and tell him you will be going to the labor board about the issue if he doesn't pay up by a certain date.
then, take your contract down to the LB and have a chat with them. |
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some waygug-in
Joined: 25 Jan 2003
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Posted: Tue Feb 01, 2005 4:21 pm Post subject: |
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Thanks for all your comments. I appreciate the input.
I have also read on this board that unless I have some verifiable proof
(as in pay stubs) it's really a waste of time to go to the labor board.
The guy has being paying me in cash, with no records of any kind.
So it will be his word against mine.
This is the main reason why I haven't gone yet. I can only tell them what has happened, but I can't prove anything.  |
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Grotto

Joined: 21 Mar 2004
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Posted: Tue Feb 01, 2005 6:01 pm Post subject: |
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You havent gotten pay stubs?
I have always insisted on them. even at the public school i'm at now! |
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some waygug-in
Joined: 25 Jan 2003
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Posted: Wed Feb 02, 2005 12:03 am Post subject: |
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I didn't insist upon them as I was being paid in full for the first few months, so I didn't see it as a problem.
Live and learn.
I didn't get pay stubs at mylast job either. The only job in Korea where I did receive pay stubs was my first year, and that employer stopped giving them for the last 3 months so that nobody really could tell if they were paid in full or not.
It has been my experience in Korea that pay stubs are more of an exception than a rule, but now I can see why I should have insisted. |
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Grotto

Joined: 21 Mar 2004
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Posted: Wed Feb 02, 2005 2:05 am Post subject: |
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You should always insist on paystubs in any job anywhere in the world.
How else do you have proof of paying taxes? Pension? Medical?
Nothing personal though but not asking for paystubs is dumb.
Do you plan on filing taxes when you return home? Proving that you did pay taxes? Having proof of how much you made so you dont have to pay taxes is kind of important! |
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captain kirk
Joined: 29 Jan 2003
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Posted: Wed Feb 02, 2005 1:47 pm Post subject: |
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Hey, I totally agree. Paystubs showing payment of taxes, pension, medical. And not to get, or ask for, paystubs, is 'dumb'.
But hey, I've never had a paystub on any haggie job I've had, and that's eight years working in haggies. Never thought of asking for one. You know how Korea is, sort of lax on the regulations. Payday comes and it's a pile of bills. |
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peppermint

Joined: 13 May 2003 Location: traversing the minefields of caddishness.
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Posted: Wed Feb 02, 2005 3:12 pm Post subject: |
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it might be a long shot, but call the labor board anyway. It seems to me that it might be illegal not to give pay stubs either. |
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some waygug-in
Joined: 25 Jan 2003
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Posted: Wed Feb 02, 2005 7:32 pm Post subject: |
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As a non resisdent, I no longer file a Canadian income-tax form.
Yes, in retrospect it was dumb.
Thank you for being so considerate and pointing that out for me.
If the place were a larger, more established place, I would have insisted upon getting pay slips.
A lesson learned, I suppose. A very expensive one.
I hope you have much better luck than I have had in Korea.
Cheers |
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