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can my boss refuse to give me a release letter?

 
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printme



Joined: 23 Aug 2006

PostPosted: Wed Oct 11, 2006 6:16 pm    Post subject: can my boss refuse to give me a release letter? Reply with quote

My boss doesn't want me working in the same town so he is refusing to give me a release letter.

Can he do this?
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Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Wed Oct 11, 2006 6:43 pm    Post subject: Reply with quote

Yes, he can. You can attempt to convince him to give you one on condition that you work in a different town, but that is unlikely to work. What your boss is probably most concerned about is that you will set a precedent whereby every other employee who doesn't like him or his workplace can just pack up and leave before their contract is over if they like.

There are ways around this, however. One is to try to get terminated. If he wants to terminate your contract he must get your visa cancelled. He could try to get you blacklisted, preventing you from getting a new job here, and this may or may not work.

Another way is basically to extort it out of him. If you have a list of all the parents' phone numbers and a bi-lingual Korean friend there is an easy way to do this. Inform a few parents directly by phone that you're concerned about their children's education and would like to meet with them, and could they please call wongjongnim-babo themselves and request a meeting. I'd love to have seen the director on my ex-crap-boss' face when this happened to him.
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Wangja



Joined: 17 May 2004
Location: Seoul, Yongsan

PostPosted: Wed Oct 11, 2006 6:43 pm    Post subject: Reply with quote

He just has.
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rhinocharge64



Joined: 20 Sep 2006

PostPosted: Wed Oct 11, 2006 9:17 pm    Post subject: Reply with quote

Korean Labour law states that he must canceal your visa if you are no longer going to be working at the Hogwan. I know this through experience, my excuse of an ex. boss thought he did not have to release me. He told immi this, who explained to him it was law and if he did not he was breaking the law. Problem over and i was released. He needs to go to immi with you and full out the paperwork and you will then have 15 days to leave Korea. If he refuses, go to immi with a person who can speak Korean, and get them to explain the situation. A phone call from immi will do it.


All the best.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Thu Oct 12, 2006 1:37 am    Post subject: Reply with quote

rhinocharge64 wrote:
Korean Labour law states that he must canceal your visa if you are no longer going to be working at the Hogwan.

Wrong. There is no such clause in the Labour Standards Act. Bosses have ZERO obligation to give you a LOR.

Quote:
ex. boss thought he did not have to release me. He told immi this, who explained to him it was law and if he did not he was breaking the law.

I hope you thanked the Immigration officer for helping you. He must have been in a good mood to lie for you. Which Immigration office was it?
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Thu Oct 12, 2006 1:48 am    Post subject: Reply with quote

Quit vs fired. Different scenarios.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Thu Oct 12, 2006 2:06 am    Post subject: Reply with quote

schwa wrote:
Quit vs fired. Different scenarios.

True, but both still require you to be released from your visa/get your visa sonsorship cancelled.
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bellum99



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

PostPosted: Fri Oct 13, 2006 3:51 pm    Post subject: Reply with quote

The school is inspected by the ministry of education who decide how many teachers the school can hire depending on the size of the pyung. The owner of the school only has to release a teacher if he wants to hire a new one if he is at his maximum number of teachers already.
If the school wants to hire a new teacher, and the school is registered, then that teacher also must be registered with the ministry of education under the schools name.
This is why the owner often does the paperwork to release an old teacher. It is a selfish move on the schools part that they mask as goodwill.
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