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Midnight Run - Can you be detained at the airport???
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Kimchifart



Joined: 15 Sep 2010

PostPosted: Sun Mar 04, 2012 1:51 am    Post subject: Reply with quote

Where do people get it in their heads that leaving a job without giving notice is in any way a criminal offence?

Midnight runs are often not even immoral or unethical given the restrictive context of our visas and the shocking behaviour of large numbers of hagwons. Sure if your hagwon is treating you well and you go and disappear, yes that's not morally right, but it's also not a massive deal as it is at the end of the day just a job, and you've always got the right to withdraw your labour if you do desire, morally right or not.

If you were at home working in an ice cream parlour and suddenly quit to move to Spain to work in a bar, would you be worrying about this? It's just a job, like cleaning toilets or flipping burgers. Don't sweat it, there are always other employees willing to take up the slack.

The employer has been benefiting from your labour and has been making more money than you have for your employment, that's his upside. His downside is that he's also got to sort things out if you quit suddenly. Your upside is you can quit, your downside is that you work in a hagwon for a mediocre wage with little holidays.
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jrwhite82



Joined: 22 May 2010

PostPosted: Sun Mar 04, 2012 4:25 am    Post subject: Reply with quote

Kimchifart, I think the worry comes from having a psycho boss who will levy baseless criminal charges against you before you are able to leave just out of spite. This probably happens to maybe like 1 or 2 out of the 22,000 some odd ESL teachers here every year (or it's just BS), but I think I remember reading a thread on here where someone said they were prevented from running because the hagwon owner called immigration and or the police to report the teacher for criminal activity. Probably just an old wives tale though.
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Kimchifart



Joined: 15 Sep 2010

PostPosted: Sun Mar 04, 2012 4:53 am    Post subject: Reply with quote

jrwhite82 wrote:
Kimchifart, I think the worry comes from having a psycho boss who will levy baseless criminal charges against you before you are able to leave just out of spite. This probably happens to maybe like 1 or 2 out of the 22,000 some odd ESL teachers here every year (or it's just BS), but I think I remember reading a thread on here where someone said they were prevented from running because the hagwon owner called immigration and or the police to report the teacher for criminal activity. Probably just an old wives tale though.


Ah OK, that makes more sense now. Personally I still wouldn't worry. Seems exceptional as you point out.
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pegasus64128



Joined: 20 Aug 2011

PostPosted: Sun Mar 04, 2012 5:16 am    Post subject: Reply with quote

Korean hagwon bosses often try to muscle your will with threats - it's just the culture here. It's all about power here and they often get it into their heads that it's all about power where we come from. Of course it's not. It's all about law, and trade unions etc. where we come from. My advice to the OP is forget about it. Have no regrets and just only cherish the good memories of your one year stint.
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luckylady



Joined: 30 Jan 2012
Location: u.s. of occupied territories

PostPosted: Sun Mar 04, 2012 1:59 pm    Post subject: Reply with quote

funny, I always thought it reflected the way many western govts. treat immigrants, to throw them in jail at almost the slightest provocation. so we expect similar treatment when the situation is reversed.
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Adventurer



Joined: 28 Jan 2006

PostPosted: Mon Mar 05, 2012 5:14 am    Post subject: Reply with quote

luckylady wrote:
funny, I always thought it reflected the way many western govts. treat immigrants, to throw them in jail at almost the slightest provocation. so we expect similar treatment when the situation is reversed.


I'd say we deport them if they're not legal. That's a different story. Technically, an employer could sue for damages, but they can't prevent you from leaving the country even back home as far as I know. You have to have committed some kind of crime.
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giwizzef



Joined: 01 Oct 2010

PostPosted: Mon Mar 05, 2012 5:55 am    Post subject: Reply with quote

I understand that you feel like you must exit the country quickly before the hagwon boss can attempt to have you stopped. I think others have already pretty much addressed that and the fact that your hagwon boss is pretty much powerless when it comes to having you detained unless he or she can effectively establish to law enforcement that you've committed some sort of crime. But I'm confused...

Are you wanting to go back to the hagwon because your original plan fell through and you fear you are stuck and want to bide your time there while you figure out another solution? If so, fear not. Take a deep breath. Call them and tell them you will be late. They may not like it. But as long as you haven't used all of the time off permitted to you, there's not a whole lot they can really do but maybe write you up or take some other silly and meaningless disciplinary measure.

A favorite tactic of my hagwon bosses, and many others from what I've heard and read, was to play on what they perceived as teachers' ignorance and the language barrier to bully them into submission based on fear. DON'T LET YOUR HAGWON DO THIS! Their hubris is that in their minds foreign ESL teachers are unskilled, disposable labor. They tend to forget that the people they hired are actually college educated individuals who are quite capable of turning the tables, not cattle. If you read through your contract, I bet you can find at least a condition or two that your hagwon broke first. I'm not sure my hagwon even knew exactly what was in my contract because if they had, they would have known that they (not me) broke about half the conditions of it on a regular basis. INSTANT AMMO! When you back to the school, point out to them that they broke the contract first and ask them point blank why they think you should be held to a broken contract. Be firm. Look them straight in the eyes. And show NO fear! If they threaten to call the police, call their bluff because that's EXACTLY what they are doing. Tell them that you are not afraid of the police being called because you are perfectly aware that because you can establish that they broke the contract first, they have no legal ground on which to stand and you have committed no crime.That will either silence them or they will tell you to leave, which is what you want anyway by the sounds of it. That pretty much leaves you with nothing to lose.
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luckylady



Joined: 30 Jan 2012
Location: u.s. of occupied territories

PostPosted: Mon Mar 05, 2012 7:09 am    Post subject: Reply with quote

Adventurer wrote:
luckylady wrote:
funny, I always thought it reflected the way many western govts. treat immigrants, to throw them in jail at almost the slightest provocation. so we expect similar treatment when the situation is reversed.


I'd say we deport them if they're not legal. That's a different story. Technically, an employer could sue for damages, but they can't prevent you from leaving the country even back home as far as I know. You have to have committed some kind of crime.


the key phrase here is "if they're not legal" - where individuals and entire families are all too often held in detention for indefinite periods of time because of legal bureaucratic holds on their status. some are exonerated and released, others are eventually deported. Prison-like detention of immigrants in confinement is very common in the U.S., and to my understanding, becoming more so in other Western countries as well.
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lithium



Joined: 18 Jun 2008

PostPosted: Mon Mar 05, 2012 8:18 am    Post subject: Reply with quote

luckylady wrote:
funny, I always thought it reflected the way many western govts. treat immigrants, to throw them in jail at almost the slightest provocation. so we expect similar treatment when the situation is reversed.


Unless you're in America. Then the illegal immigrants a new Democrat voters.
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Died By Bear



Joined: 13 Jul 2010
Location: On the big lake they call Gitche Gumee

PostPosted: Mon Mar 05, 2012 9:30 am    Post subject: Reply with quote

lithium wrote:
luckylady wrote:
funny, I always thought it reflected the way many western govts. treat immigrants, to throw them in jail at almost the slightest provocation. so we expect similar treatment when the situation is reversed.


Unless you're in America. Then the illegal immigrants a new Democrat voters.




http://i.imgur.com/INRv6.gif
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luckylady



Joined: 30 Jan 2012
Location: u.s. of occupied territories

PostPosted: Mon Mar 05, 2012 11:30 am    Post subject: Reply with quote

lithium wrote:
luckylady wrote:
funny, I always thought it reflected the way many western govts. treat immigrants, to throw them in jail at almost the slightest provocation. so we expect similar treatment when the situation is reversed.


Unless you're in America. Then the illegal immigrants a new Democrat voters.



hardly. seems it's the repubs that have always favored illegal immigration since it drives down wages and helps the 1% - especially with all those nannies and gardeners, etc.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Mar 05, 2012 3:41 pm    Post subject: Reply with quote

Adventurer wrote:
Technically, an employer could sue for damages, ...


Actually, NO. Or more correctly they can sue but they cannot win.

A labor contract is NOT the same as any other contract.
It is specifically defined in law and there ARE strict limits that include protecting an employee from any penalty due to nonperformance of duties.

The only liability would be for an overt act (slander, libel, defamation, willful damage, etc).

Anyone is free to quit and free to leave at any time.

The employer may clearly be liable and chargeable for acts of coercion and intimidation (also illegal under the LSA).

.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Wed Mar 07, 2012 4:05 pm    Post subject: Re: Midnight Run - Can you be detained at the airport??? Reply with quote

ttompatz wrote:
L_orna wrote:
Ok. So Im in a pretty sticky situation.

I have left my hagwon without them knowing. I am due into work tomorrow. Its a long difficult story but I would REALLY appreciate any help someone can give me asap

I had a flight booked to Bangkok this morning but they would not let me on the flight because I did not have a flight out of there. This caused major problems. To cut a long story short I do not have the funds to buy another flight at present. I may have to wait up to 2 days.

I tried other avenues - I even asked could my friend book the ticket but they said no, it must be me

So now Im REALLY stressed out because I may be stuck in the country until I can book a flight.

My hagwon were pretty pissed off at me (we had a dispute) and they threatened to sue me about stuff.

What Im wondering is CAN they ring immigration and have you stopped?
Its quite likely that I may still be in the airport (I am right now) when they realise I am not coming to work

Please help. I am beyond stressed and need advice.

Thanks!!!!!!


Stop and take a deep breath. You are only running from yourself and the panic you create for yourself just clouds your thinking and judgement and causes you to make expensive mistakes that you normally wouldn't make.

They wouldn't let you on the flight to BKK without a visa to enter Thailand since the requirement for no-visa entry is "onward passage". Take care of this at the end of the message.

Will immigration stop you at the airport over your hagwan dispute = NO - FULL STOP.

If you want, you can go to immigration, report your termination of employment and get a D10 visa to look for other work or simply take a 30 day holiday without worry.

Your ex-employer has been blowing smoke out his azz and filling your head with crap, threats and scare stories. There is NOTHING he can do - FULL STOP.

Get a cheap ticket to anywhere and another ticket from there to anywhere else. Make sure the 2nd ticket is refundable. Take your flight to <a>. refund the ticket to <b> and take a week on the beach to get your head screwed back on straight.

Then decide what you want to do - continue your Asian adventure as a teacher (hiring time in Thailand is NOW) or simply go back home to your regularly scheduled life (this was just a gap-year adventure anyway, wasn't it?)

.

.


Can you get a D10 even in this scenario? I mean can you just quit your job without a letter of release now? This D10 is the greatest thing since sliced bread if it's true.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Mar 07, 2012 5:22 pm    Post subject: Reply with quote

D10 is certainly an option but not always a given (each case is looked at on its own merits).

In any case, 14 days is the minimum before someone quitting MUST report the loss of employment to Kimmi. Before then it is a non-issue for Kimmi.
If you report the loss of employment then you can apply for the D10 (not always given) or get the 30 day (from last date of work) touristic stay,

Exit and return to start again or just change countries and start again.

.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Wed Mar 07, 2012 5:44 pm    Post subject: Reply with quote

So, I guess the D10 is still a little hit and miss in that scenario. Other options, if no letter of release, is go to Japan and come back. How long do you have to leave before coming back as a tourist? Also, under this scenario I think I'd have to go back out again to get an E2 again?

Otherwise, if the contract ends, you can just apply for the D10 Visa and it's good for 6 months?
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