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Letter of Release, New regulations, HELP!!
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Otherside



Joined: 06 Sep 2007

PostPosted: Fri Jan 11, 2008 6:42 am    Post subject: Letter of Release, New regulations, HELP!! Reply with quote

I need some help.
I've looked at many other threads, but with all the confusion regarding the new visa regulations and my specific situation, I'm struggling to find some concrete answers.

Briefly. My director, gave me a final written warning the other day for a seemingly trivial expense. In the meeting we had, he proceeded to display his anger (towards me, I assume), and made statements about how I appear to be unhappy in korea/at this job/etc, and that if i'm unhappy I should leave...this all caught me off-guard and I found myself in the "begging" position, and agreed to sign it. This is the second time he's tried to give me a final written warning, (perhaps two months ago, for another trivial offense).

I can't quite understand his reasoning behind this, (I'm a pretty good employee, who is well-liked and have had few problems). My school is your typical hagwon, where you have to fight tooth and nail for everything and still find yourself short, and I'm the the only FT. I have a few possible reasons for him putting the final written warning against my name...but i'll leave that as conjecture.

I feel as if I'm walking on eggshells and after a few days to reflect I've decided I want out. So my questions are:

1. Getting the LOR. I know that I can ask, if he refuses then what? If I am fired as opposed to resigning is he obliged to give me a LOR? Overall, what are my options?

2. With the new regulations (and the relief period until march 15). Assuming I get the LOR, would I need to leave Korea or provide the documents required for my visa? (I have a notarized copy of degree, transcripts etc, but I don't have the CRC or health-check). Can someone fill me in on what I need? and the process?

Sorry If my writing is a bit unclear, I'm naturally very stressed right now.

thanks in advance for any replies!
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mehmeh



Joined: 23 May 2007
Location: South, South Korea

PostPosted: Fri Jan 11, 2008 9:41 am    Post subject: Reply with quote

Wow, I've been in the exact same situation. Somehow my boss took the fact that I put my head down, worked hard and kept quiet (and didn't sexually harass the k-teachers) as a sign that I wasn't happy. I was baffled by the allegations and they came a complete surprise to me too so I know how you feel. Luckily, thanks to the support from the Korean teachers, I was able to stomach it all and wait three months for my contract to finish. Are you able to do this?

I wish I could help you with your E2 visa question. I know that if you quit according to the process spelled out in your contract he is obliged to give you a LoR. The same holds if he fires you. The trick is what he says to Immigration when he notifies them you have left...I assume that's where people end up on the supposed E2 "blacklist." Bring in a bottle of whiskey when you ask for the letter.
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CentralCali



Joined: 17 May 2007

PostPosted: Fri Jan 11, 2008 11:50 am    Post subject: Re: Letter of Release, New regulations, HELP!! Reply with quote

Otherside wrote:
Briefly. My director, gave me a final written warning the other day for a seemingly trivial expense. In the meeting we had, he proceeded to display his anger (towards me, I assume), and made statements about how I appear to be unhappy in korea/at this job/etc, and that if i'm unhappy I should leave...this all caught me off-guard and I found myself in the "begging" position, and agreed to sign it. This is the second time he's tried to give me a final written warning, (perhaps two months ago, for another trivial offense).


I hope this isn't too late, but SIGN NOTHING! He's trying to manipulate you into saving him money. If he wants you gone, then he needs to follow the requirements of both the law and the contract. If you quit on him (which is what the "agree to sign" is), then he owes you nothing. If he fires you, he's supposed to give 30 days notice or 30 days pay in lieu.

Quote:
So my questions are:

1. Getting the LOR. I know that I can ask, if he refuses then what? If I am fired as opposed to resigning is he obliged to give me a LOR? Overall, what are my options?


None. He is not obligated to give you the Letter of Release. Although the LoR regulation itself is obviously in violation of the SK Constitution, you would need big bucks to litigate that through the courts to get a determination. In other words, your options are: none.

Quote:
2. With the new regulations (and the relief period until march 15). Assuming I get the LOR, would I need to leave Korea or provide the documents required for my visa? (I have a notarized copy of degree, transcripts etc, but I don't have the CRC or health-check). Can someone fill me in on what I need? and the process?


For this one, you'll have to check with the local Immigration Office serving the area of your new employer.
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Otherside



Joined: 06 Sep 2007

PostPosted: Fri Jan 11, 2008 6:35 pm    Post subject: Reply with quote

Thanks for the replies.

I haven't even reached the half-way mark at my contract, so trying to last it out, isn't really an option.

Unfortunatly, I signed the first and final written warning (one and the same). The last time, I refused, but this time I was caught totally off-guard, and I acknowledged I made the mistakes (albeit he is blowing it TOTALLY out of proportion). This is a big part of my reasoning for having to act fast as I'm aware he now has carte blanche to fire me...at any time from now till the end of my contract, whenever it best suits him.

The two replies have contrasting information. One says he is obliged to give me letter of release under the circumstances the other says not. Is it a case of he is obliged to give me my LOR but if he refuses there is nothing I can do about it...or??

mehmeh, you mentioned something about a "supposed E-2 blacklist". Could you care to elaborate,

Further, If anyone has some concrete information on what is required for immigration for a new job, that would be appreciated. The last thing I want is to fight for the LOR, obtain it and spend a very uncomfortable period working out my notice only to find myself on a plane back home anyways.

Finally. I meant to ask, assuming I get a new job, my visa will obviously expire a good couple of months short of a year, would I have to sign a shorter contract or extend my visa, or what are the options?

Thanks again.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Fri Jan 11, 2008 6:46 pm    Post subject: Reply with quote

He is not obligated to give you a Letter of Release. In otherwords, he 'owns' you until your 'Period of Sojourn' expires.
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spliff



Joined: 19 Jan 2004
Location: Khon Kaen, Thailand

PostPosted: Fri Jan 11, 2008 7:00 pm    Post subject: Reply with quote

If you on a E2 "slave" visa you are sh!t outta luck....bend over and take it like a man.... Very Happy
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roknroll



Joined: 29 Dec 2007

PostPosted: Sat Jan 12, 2008 6:11 pm    Post subject: Reply with quote

Quote:
...I haven't even reached the half-way mark at my contract, so trying to last it out, isn't really an option. ...


As CentralCali mentioned 'SIGN NOTHING'--nothing negative like this ever. Since you want to move on, it doesn't matter about the signing now. You might find that the boss will change his attitude to get you to stay (keep us posted). When he knows your leaving for sure, he'll turn into even more of an A-hole. Unfortunately, the LOR is his decision. The letter of release only states that you no longer work there (nothing to do with why). What were you hoping to do after this job? If you got a job at a public school, i'm sure they could work around the LOR with immigration since there is a shortage and acceptance by a gov't school overrides a petty hagwon owner. (The law states you need a letter of release to get another job, but this is Korea so ya never know. Some owners use this as a tool to leverage money out of the next boss who wants to hire you) Whether it's another hagwon or public school, just go thru the process (apply, send docs to immy) then u'll get your answer). I think this has been done before by others, depends on the local immy. With regards to the new regulations, you would have to do a visa run with all the newly required documents. The CBC really depends on what country your from as to how quickly you can get it over here. Check the other threads about the new reg's for your country.
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ED209



Joined: 17 Oct 2006

PostPosted: Sat Jan 12, 2008 6:43 pm    Post subject: Reply with quote

When does your contact end?(Just want to know if he's lining you for an 11th month firing)

Anyway, I'd just switch to public school they have a lot of sway with immigration and can put a lot more pressure on your current boss to give a LOR. Although it's still difficult to say what will happen since not even immigration knows.

The E2 blacklist is when the employer tells a bunch of bs to immigration about you running away and what a bad person you were. You may be able to get around this by filing a complaint with immigration against your employer and giving your reasons for leaving. (good luck with that).

Anyway, best bet is PS
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Jan 12, 2008 6:46 pm    Post subject: Reply with quote

Otherside,

It is difficult to give cogent advice without knowing the specifics of your situation.

What was the 'trivial' offence... and did you actually sign anything?
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Juregen



Joined: 30 May 2006

PostPosted: Sat Jan 12, 2008 6:48 pm    Post subject: Reply with quote

I think your Boss is more into Immature Power Control mode.

He is putting you in an premeditated insecure position.

Personally I wouldn't stand for it.
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Otherside



Joined: 06 Sep 2007

PostPosted: Sat Jan 12, 2008 8:21 pm    Post subject: Reply with quote

Thanks for the replies.

As I've mentioned, I did sign the first and final written warning. I was caught completly off-guard, and although he blew it totally out of proportion, I accepted responsibility...and was in a position somewhere between begging and damage-control. In hindsight a big mistake, but its done.

I'm only about 5months in, so if he's lining me up for a 10/11th month firing he's setting a precedent really early. As I said, I have a few ideas for his reasons, some of which have come up...but its just conjecture.

My trivial/petty offense was a marking error. (I checked an incorrect answer as correct), and the parent complained. This is the 2nd time it has happened. The first time we had a reasonable discussion, this time they proceeded to check all the student books for the last month and came up with quite a few mistakes. I have about 5minutes to mark each class's homework...say 50 students a day at 30 questions each...1500 questions a day, mistakes will happen..and no matter how hard I try, it's impossible to avoid them completly. The first time he tried to throw a final written warning in front of me - which I refused to sign (about 2 months ago), was for ending a class 5 minutes early.

Roknroll, so what your saying is, that I need the LOR, and to get a new visa? (with visa run, docs, 1 year sojourn etc.)

The timeframe for a pub-school job is really running out for me, even if I do get the LoR, I would have to work out my notice, 30-working days accoridng to the contract (A price I'm willing to pay for the LOR). Which leaves me little or no time to go on a visa run etc. Not to mention, I'm not quite ready to sign up for another full year. If I've understood RockNroll correctly, perhaps my best option (assuming I obtain the LOR), if to work out my notice, go home for 2 weeks and sort out a new visa etc, then come back for a year?



Tomorrow is D-Day for me. so needless to say I'm pretty nervous. The hardest thing about the whole process has been getting into the mindset that If push comes to shove, I'm willing to leave Korea immediatly.

I'll be bringing a copy of the LOR for him to sign, (I found one in English on this site) and I've read I need 3 copies - 1 for me, 1 for him and 1 for immi.

Ill be checking this site reguarly today, so if anyone has some more information or just some more advice, that would be greatly appreciated.

And thanks again, to those who have taken the time respond.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Jan 12, 2008 9:14 pm    Post subject: Reply with quote

Apply fot a public school job. Give your present employer the required 30 days notice and ask for a LoR. If he refuses, use the public employer (EPIC, GPIC or SMOE) to apply pressure (remember, if your present employer wants to replace you, his only option will be to release you). Because you have an E-2 already, you will then be able to do a visa run to Japan exempt from the new regs. The timing should be perfect for you to start your new life, free from wongjongnim-babo, in March.
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roknroll



Joined: 29 Dec 2007

PostPosted: Sat Jan 12, 2008 9:48 pm    Post subject: Reply with quote

Otherside, yes technically (and of course the best case scenario) is to get a LOR. I think you need someone (the boss or representative from the hagwon) to be with you at immy when cancelling your work visa. Your problem will be 1. get a LOR 2. have a rep. at immy. If you get your LOR, immy will tell you you need a rep (I had a rep meet me at immy and I also downloaded a LOR which the boss signed--the rep was the office manager). If your boss doesn't sign the LOR or if he signs it and doesn't go with you or have someone else from the office be there), then go yourself anyway (no choice) and see what they say. This will narrow down what more you have to do if anything. I think the reason of having someone from the hagwon there at the time is to prevent runners (although the signed LOR you would think sufficient---but it could be forged so maybe the extra security).

Remember, when you have your current working visa cancelled, immy will give you 30 days to leave Korea. So, when you submit your resignation to your hakwon, that 30 days notice gives you a chance to find a new job. if you find one before your finished and have to move out of your apt (assuming it's their apt) then your in the position of just needing to do a visa run with your new employer.

BUT, you MUST get your CBC because 1. you are not re-newing with your current employer and 2. you will not have worked at least 10 months on your current E2. Again, depends on your country as to how long this will take--give more specifics and it will make helping easier. If you don't want to spend time/money going home, courier service will likely suffice in getting your CBC here on time.

As i mentioned, and ED209, a public school will likely get around not having a LOR if that's the case. Don't worry about the time factor too much as many public schools will not have the teachers they need and will be hiring throughout March. It's best to just try with immy and the prospective new employer because you never REALLY know at immy. If it doesn't work out, they give your documents back to you.

So, check on how long it will take to get a CBC from your country. Plan your resignation according to this time needed (delaying a couple weeks won't hurt as you only need to give 30 days). Check the job boards and do interviews. Worst case, your 30 days are finished at work, you go to immy with no LOR and immy gives you 30 days to leave Korea but says you have to wait until the contract expires before you can work in Korea again (so about 5-6 months). THAT'S why I'm suggesting a public school if that's desirable for you. You may even get out of not having a LOR when applying to another hakwon, but probablilites are better with public schools. AT ANY RATE, just give it a shot at immy, the ONLY real way to find out if it will work. Goodluck to you!
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roknroll



Joined: 29 Dec 2007

PostPosted: Sat Jan 12, 2008 9:55 pm    Post subject: Reply with quote

cruisemonkey wrote:
Apply fot a public school job. Give your present employer the required 30 days notice and ask for a LoR. If he refuses, use the public employer (EPIC, GPIC or SMOE) to apply pressure (remember, if your present employer wants to replace you, his only option will be to release you). Because you have an E-2 already, you will then be able to do a visa run to Japan exempt from the new regs. The timing should be perfect for you to start your new life, free from wongjongnim-babo, in March.


good concise information EXCEPT for the bolded part, you NEED the CBC for the reasons I gave in the previous post (you don't have 10 months in).
Of course, the other info was that you never know until you go to immy, but right now that's what they're saying.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Jan 12, 2008 10:54 pm    Post subject: Reply with quote

Public positions have always (the last couple of years) required a CBC so there's nothing new there.

I think the most important thing for the OP is to apply for a public school position and 'get the ball rolling'. I don't know what required documents (letters of recomendation, transcripts, degree/'diploma' etc.) the OP has in his/her posession; but quick trips to the local hospital and police station for the medical exam and Korean CBC will suffice for the time being. Once the OP has a 'Notice of Appointment' he/she can make a visa run exempt from the new regs. (assuming this happens before March 15). Eventually, a CBC from the OP's home country will be required, but because the OP has had an E-2 previously, it will not have to be apostilized/notarised (again, assuming the new visa is aquired before March 15).
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