Korean Job Discussion Forums

Hootsmon · Joined: 22 Jan 2008

Looking for a little advice...bit of a tricky situation.

I'm leaving my hagwon a couple of months early (at least, that's the plan) to take up another job, so on June 5th I gave the contract required 60-days notice. Those 60 days are due to be up on August 4th (Monday). So I expected Friday 1st would be my final day.

My director said it was no problem for me to leave, but she wants me to stay until a replacement is found. I'm the only teacher at my school so it's not like someone can just cover. However, I've made it clear that, really, that's not my responsibility. I'd be happy to hang around maybe a week or a week and a half, tops, but no more.

However, she's basically sticking to her guns that I have to stay until the replacement arrives and she won't give me the letter of release unless I do. She seems a little barmy and seems to have not even considered the possibility that I might just not turn up to work after my 60 days is up.

This might sound a simple enough decision (fight or not fight) but the problem is that the new job is due to start September 1st. That means, I need a couple of weeks to sort out the visa, so I need the letter of release by the 14th August, I think. The director can't give me an exact date for the replacement's arrival as they're still sorting out his documents, but she thinks it will be before the 14th.

As far as I can see, I have two choices. One, is that at the end of July I demand my letter of release, say I won't work a day of August unless I get it, basically declare all out war and see what happens. The other option is that I have to skip all the huffing and puffing and just see if it all works out okay in the end.

Up until now, I've always been paid perfectly on time (with perhaps just too much tax deducted), my pension and health insurance is paid (I've used it), and the director was fair at the start of the year in helping move from the crappy apartment they originally provided to one I found myself. Basically, I believe that she will let me go with the letter of release, but perhaps not until the replacement arrives. And the timing could just be wrong.

So, I'm wondering what to do. Wait and hope, or take a gamble by going to the Labor Board and possibly (well, definitely) really piss her off. And if the Labor Board doesn't help out enough, then I'm still screwed with no letter of release.

This isn't about money owed - she's promised she'll pay every penny I'm due and I believe her - it's just about this stupid, bloody letter! What ever happened to the simple, yet effective, system back home that you quit and, if you don't serve your notice period, you don't get a good reference. That's it. None of this slavery nonsense!

Any advice would be appreciated. This is really doing my head in at the moment and reading others' opinions will give me something to do while I wait until next week to make up my mind...

Whistleblower · Joined: 03 Feb 2007

I think the best way is to negotiate with her. For example:

Give me the letter of release for August (preferably post dated) and I shall stick around a week.

But like you said the replacement ain't your problem and she has had 60 days to find a replacement. Get everything in writing from her.

TBirdMG · Joined: 09 Dec 2006 Location: SF, CA, USA

If the hagwon boss can't find a replacement in 60 days, what makes you think she will find one in 67 days? 90 days, 120 days?

I would suggest asking for the letter of release upfront upon the agreement that you continue to work a maximum of 2 weeks post-contract, assuming, of course, that you continue to get paid.

If the hagwon refuses, go to the labor board and immigration. As long as you have complied with the 60 days notice within your contract, you have little to worry about.

marlow · Joined: 06 Feb 2005

Hootsmon · Joined: 22 Jan 2008

Yep, I did give notice in writing, I kept a copy, I signed and dated it and made my manager sign and date it too...

Advice taken from this very board ^^

Whistleblower and TBirdMG: Good advice, exactly what I was planning to do. I'm just kind of worried about what happens if she calls my bluff and I have to go to Labor Board. Will they side with me? And how quickly?

marlow · Joined: 06 Feb 2005

Imrahil · Posted: Wed Jul 23, 2008 8:47 pm Post subject:

Don't give a crap about your old job, they wouldn't do the same thing for you. You have followed the law and your contract, that is enough. After the 60 days are up, just leave and get ready for you new job. As another poster has said, if your boss doesn't give you your LOR then go to immigration and tell them your story. Don't care about your boss!!!! If your boss doesn't like you, he/she would not be considerate or kind to you.

Young FRANKenstein · Posted: Wed Jul 23, 2008 8:56 pm Post subject:

Hootsmon · Joined: 22 Jan 2008

I like the advice I'm getting here...because anything that gets me out at the end of next week makes me very happy.

Basically, I'm just worried about turning up at immigration on August 4th (day 60 of my notice) showing them all the evidence and them basically not agreeing with me, then angering my president into definitely not giving me a letter...

I tend to worry a lot. Confused

I think, if I hear nothing from my boss, I'll make the ultimatum next week about giving the letter or I'm out of there. Then, if no letter, I can try my luck at immigration. It should be a simple matter, just that I can imagine Kimmi making it into a mess...

spliff · Joined: 19 Jan 2004 Location: Khon Kaen, Thailand

Tobias · Joined: 02 Jun 2008

Unless your contract stipulates you MUST wait for the replacement, there's no reason for your being required to do so. Just follow the advice given so far in this thread.

Your contract may have that stipulation, however. I know I was under that thumb once.

By the way, what does the phrase "wait for the replacement" mean, exactly? Does it mean you have to wait until the new face has his visa number/work visa, or does it mean you have to wait until he/she shows up at the school? The different enterpretations could mean being there an additional week or even longer.

Hootsmon · Joined: 22 Jan 2008

Spliff - If I was heading out the country, I'd be sure to do exactly what you say and not give a flying frack...problem is I need this letter, or I need to find a way to get everything cancelled without leaving.

Tobias - no stipulation in the contract, which I pointed out to my director, and she came out with the most wonderful bit of BS I've ever heard. Something along the lines of that, if she says it, it's the same as it being in the contract. I told her that I would speak to Labor Board and see if they agreed. Didn't faze her. It's not that she tries to argue against me when I make clear the legal position...it's just that she completely ignores it. Like talking to a bloody brick wall... Rolling Eyes

As for waiting for the replacement, she means until the guy walks in the door, ready to teach. Makes me nervous when she says she doesn't know when that will be, and I should be finishing in a week and a half...

Tobias · Joined: 02 Jun 2008

I think you don't have much to worry about. And why worry anyway? You already have a game plan if bad comes to worse. And you have an extra round of ammo in your back pocket--waiting for a replacement isn't in the contract.

ontheway · Posted: Thu Jul 24, 2008 6:40 am Post subject:

It's better and easier to get along than to start a war, so the best thing to do in this case is:

Tell your boss that you understand the situation and you would like to help, but you need to get your documents filed so you can get a new visa to begin your new job. You want to help out, and hope they can help you out as well.

Tell your boss that if you get a letter of release on August 1st, so that you can begin processing your new visa, you'll be happy to stay one more week and work from the 4th through the 8th. To make this work, you have to draft your own letter of release in English and Korean (samples have been posted here somewhere) and present it to your boss to sign on Friday, August 1st. Insist that you cannot come in the next week without this signature.

It's really hard to get teachers these days, so your boss is in a spot. This extra week will help a lot and you should be able to get your letter by offering to help out one more week. (You might even find you can help two weeks in August, but don't offer the second one. Keep it until August 7th or 8th - to make sure you get paid.)

Also, make sure you get paid. You say you're not worried about getting your money, but just be cautious.

Yu_Bum_suk · Joined: 25 Dec 2004

Don't trust your employer to honour her word to give you the LOR and let you go hassle-free. Many employers in her situation have been known to turn on employees wanting to leave at the last minute.