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Breaking contract w/o Letter of Release

 
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kormanrockin



Joined: 15 Jul 2004

PostPosted: Thu Aug 10, 2006 3:14 am    Post subject: Breaking contract w/o Letter of Release Reply with quote

I know this post is long. I apologize. I have worked in Korea 4 years. I am now on my 6th contract. Let me explain.

I ended the first contract, at 10 months, after my electricity, gas, internet and phone were disconnected -- for the SECOND time. As many owners do, this one would deduct bills and not pay them. I also wound up paying a few hundred thousand won for back taxes. Yes, his institute is on several blacklists.

I completed the second contract at a university.

Then, was hired by the country's first English Village. I was there for only 3 months when a doctor prescribed some medication that I did not need or qualify for. Bottom line, 9 days after starting the medication, I had a very violent grand mal seizure (no seizure disorder before). The seizure caused severe breaks to both shoulders. Surgery to both shoulders, metal plates, permanent loss of ROM in both shoulders -- mild disability -- 1.5 years of physical therapy. Surgery and PT wiped out savings.

Yes, I sought the advice of an atty. "Do not waste your time and money. You have a good case, but you will never will because you are a foreigner." He is a reputable atty at the largest firm in Seoul. Former senior judge on the Seoul District Medical Review Board.

Went to another university where I completed a contract. That contract finished in March.

Moved back to the city where I initially worked. Good city. BAD employer (5th contract). Worked 3 months.

Got a job at the largest and "best" institute in town. It is the job from HELL. Everything you read about greed, corruption, mismanagement, copyright infringement, etc. It's here. I want out. I MUST get out. I submitted a 2 month (contractual) resignation yesterday.

In the 3 positions where I left before end of contract, I DID get Letters of Release. My question is this: Is it possible to break a contract and go to work for another employer WITHOUT securing a Letter of Release? Somewhere, I once read that Immigration will forgive the absence of LOR one time. Anyone have information?

Sorry so long. Please, no sarcasm, no advice to leave the country. You don't know me well enough or my circumstances. Trust me, if I could leave, I would. Please, stick to the question.

Thank you.
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Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Thu Aug 10, 2006 6:23 am    Post subject: Reply with quote

Why did you leave two different unis?

At any rate, yes, you still need an LOR if you want to be sure you'll get another work visa (says someone with just under two years in to someone with over four).
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Donkey Beer



Joined: 20 Jul 2006

PostPosted: Thu Aug 10, 2006 6:37 am    Post subject: Re: Breaking contract w/o Letter of Release Reply with quote

kormanrockin wrote:


I ended the first contract, at 10 months, after my electricity, gas, internet and phone were disconnected



After 10 months I'd live in much worse to get that plane ticket and severance pay. The only thing from that list I would have been longing for would be internet.

I think you need a LOR to work again or you can come back in like 2 years.
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kormanrockin



Joined: 15 Jul 2004

PostPosted: Thu Aug 10, 2006 2:57 pm    Post subject: Reply with quote

Thanks for the replies. I'm afraid it's probably a fantasy. I'll manage for 2 months. Or, go back to US.

I left the first uni to help open the first English Village. GREAT money, F*****g awesome apartment, challenge, blah, blah, blah. I had read about the coming EVs for over 1 year.

Sorry, Donkey Beer, I'm a little too old -- in ways more than age --for camping in an apartment. 25 years ago, it might have been acceptable; possibly even a little fun, exotic even.
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Thumbnail Postermonkey



Joined: 24 Jul 2006

PostPosted: Thu Aug 10, 2006 8:56 pm    Post subject: Reply with quote

You've given notice as per your contract, right? If so,.....

1) Work the time you've got left.
2) At the end of your time, go with the school to Immi. and get the contract and visa cancelled. Ensure that there has been no protest or complaint made against you by the employer.
3) Collect your 15 day notice of departure. If you want a new job, get it and sign the contract. Make sure you have all the needed documents. Ask your new employer to wait until the 8th day of your 15 day notice to file a new visa application.
4) Buy a ticket and go on or before your 15th day. Overstaying=big fine and issues with the new visa.
5) Contact new boss or have them contact you and get visa issuance #. Then, go to your local Korean Consulate and get your new visa.

Before I got my F2, I did this on 3 different occasions. It's not pretty and it can be a little nerve-wracking waiting for the paper to come through, but it's worked out for me in the past. I'm pretty sure you can still do it this way and still be in good shape for a new visa. If not, please let us know. Good luck!
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the eye



Joined: 29 Jan 2004

PostPosted: Thu Aug 10, 2006 9:03 pm    Post subject: Reply with quote

Yes, it is possible to change jobs WITHOUT an LOR.
Thumbnail Postermonkey has good advice....
Try to work the time you have left in your resignation letter. Your boss SHOULD then have no reason to refuse your release.

otherwise...


The first option, would be to accompany your present employer to the immi office and have your VISA sponsorship cancelled. The owner can cite managerial reasons for letting you go. In other words, he can, in effect, fire you.
You then must leave Korea within 14days and come back on a tourist VISA. Then you must leave again to secure a new teaching VISA.

The second option would be to secure a new job now, and then accompany the current, and future employers to immi. You can change jobs wothout leaving the country.

The third option would be to hand in your resignation. There is a long standing debate about this option, but all the evidence I've uncovered leads to the possibility of getting a new VISA without an LOR. Leave the country, and come back on a tourist VISA, and wait for your old employer to hire a new teacher before you secure a new job.
Since immi issues each school a fixed number of VISAs, they will need your VISA slot in order to hire a new teacher.

As I said, there is a quiet debate about this, but I know from the experience of two friends that it is possible. The most important conditions are that your old employer has no reason to file criminal chgarges against you, or claim you have damaged his business.
Also, he must have hired a new teacher in your absence.
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Homer
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PostPosted: Fri Aug 11, 2006 3:06 am    Post subject: Reply with quote

You can leave the country without a LOR if you quit.

You could not work right away after that unless you boss cancelled the visa.

Bascially...secure the LOR. If your employer refuses...go to the labour board and as long as you respected the clauses in the contract for termination, you will have the big end of the stick...even if it might take time.
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