Korean Job Discussion Forums

[busan_boy2000]

I don't mean to beat a dead horse here but my question has a bit of a twist that has not been covered here that much. Most of the questions focus on the legal implications of doing a midnight run and the problems of trying to get a new job until the cureent visa runs out. As well, their is no shortage of opinions on the ethical implications of this (the midnight run) - not toughing out your contract, finishing what you started, screwing your co-workers, the plane ticket/recruiters fees, ect.

The situation that I am wondering about is this. What if you boss refuses to process your visa? Even after you have talked to him about it on multiple ocassions - but he keeps just rolling his eyes and going "no, not the way my last teachers did it". I am now realizing that my director was the one blocking it the whole time and making excuses while I was still in Canada - so whenever they needed a new copy of my passport cuz they lost the old one, or another set of trascripts, I was more than happy to FedEx another to them (expensive after a while). Then after one postponed ticket and start date, as they furthjer delayed my visa, I finally got here expecting to just do a visa run - a little annoyed still but hey, free trip to Japan right. No luck - the other day I found my degree and transcripts and everthing still buried on my directors desk. He is not moving on it at all. (so at this point I guess most people would suggest I keep pressing the issue - have a sit down or something).

So I guess its like this. First, I do not like living in Korea with no insurance (medical other than my Canadian) and second, I don't like living in paranoia that a cop or immigration guy will nail me or fine me 500,000. Why the *#%K should I after all? I have my degree, I finished school, and I'm actually trying to teach these robot children some english.

The other part is this. The recruiter and school were never straight - same old story here I realize for all first timers - about the hours (I can deal with more anyway, it passes the time) or the age of the kids. That is the big one - after negotiating no kindergarten and at least %50 Univ. and Adult classes (my hagwon is right near a University here) I have 1 - they gave me all little kids. I was and still am really mad about that. I realize that a recruiter and some directors may say anything to get you over here and its buyer beware more often than not...but really. I tried so hard to reseach this and get a good school.

So this is what I want to know. I'm looking for a new job as I am not registered with immigration (am a tourist) and want to find some good legal work. From my understanding of Korean labour law, my contract is not valid, as he didn't get me a visa (article 14 or something), then come back in a week or two to start a new job. What do you guys think will happen? Can I get blacklisted? Can he report an illegal worker? or does he admit guilt by doing this and face a fine? He will think I just freaked out and went back to Canada as thats what Ill tell him. So he will probably just leave it. I was thinking of paying him for the ticket atleast as I haven't done 6 months yet - but my friends here and my family back home say that I should just leave. If the director don't play fair than neither should I.

Advice.

Thanks.

[lawyertood]

If you don't have a visa--don't work. You are setting yourself up for possible deportation. (Just ask Derrek!) Fastest way to light a fire under his tush is to say you won't work until you are legal. If you want to leave, leave. Take your documents and go. He has not fulfilled his obligation to provide a visa. I'd offer to pay half the ticket or if you want to do the right thing, find a new, legit employer and have your new employer reimburse him for the airfare.

[Austin]

Busanboy,

If you have your passport, degree, transcripts, etc. and your illegal boss can not submit any of your paperwork for post-processing, you should be in the clear. However, leaving without notice and not reimbursing your illegal employer for airfare may very well put you in harms way, as he may pursue you (opinions vary, but doing things above board will save you many hassles later).

It sounds as though your employer has been burned in the past, but that is not your problem. I can appreciate you not wanting to get stuck paying a fine for working illegally, so the sooner you are able to settle things with your illegal employer, the better.

In short, meet with him, settle up all of your bills, pay the airfare, and allow him one last opportunity to do right by you, if you are interested. If not, do not allow him an option and be ready to fly.

Be safe.

[just because]

OP,
You are illegally working. So you've come over on a tourist visa. Thus means you can act as a tourist. just dissapear into a yogwan(or a friends house) and find another job which will treat you better. hey, he is screwing you over big time so don't feel sorry for him. In the end he will not stick up for you. Get your documents and look for a better place. The hagwon world is not all doom and gloom.
If he was doing all things right and you did a runner that would be bad but he is doing everything illegally. Basically, immigration don't have a clue that you work there because you haven't been rgistered with them. Hence, no repercussions. Leave now before it is too late. Don't feel sorry for them. In my opinion if you stay there by what you have said in your story you are an idiot and your next year will be a living nightmare and the only person to blame will be yourself.

[busan_boy2000]

thanks for the advice on this one. I find it really intimidating to bail on a job in a foreign land - even though I feel rather informed about the law here. I guess my biggest concern is that the boss trumps up some phony criminal charges after I bail or somehow he convinces immigration to block my new visa with a new job - or track me down through it and make my life hell a few months from now.

But based on hi current behavior I speculate that he won't do a thing. He will just think I cracked and returned home - never to come to Korea again.

I guess this may teach all the people that post questions about "where should I work", or "is this school...recruiter...ect. good" to really just come here. It is a buyers market until you lock that contract in. Plus one really can't understand this place fully till they get here. I researched my %SS off about this place before coming and had a good network of newbie esl teachers and experienced ones and still found myself on a bad spot. It depends, like anything anywhere. If you have the means buy a plane ticket first. You will get a job and can be sure it is up to your liking.