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Adventurer
Joined: 28 Jan 2006
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 Posted: Mon Nov 24, 2008 5:42 am Post subject: Changing campuses? Do you still need a letter? |
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What does someone need if say a school has three or four branches, and one of the branches is no longer requiring the services of the non-Korean staff i.e. the wayguks? It changes the contract conditions does it not?
I believe your visa is tied to your specific workplace. This is not my situation. Does the said person need a letter of release or not? |
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polonius
Joined: 05 Jun 2004
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| Posted: Mon Nov 24, 2008 6:00 am Post subject: |
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| Your visa is tied to a specific sponsor. If the owner of the branch you are working at is listed as the owner of where you are going, then you don't need to be released. The company would have to report that you are working at a different location though. |
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Adventurer
Joined: 28 Jan 2006
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| Posted: Mon Nov 24, 2008 7:13 am Post subject: |
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| polonius wrote: |
| Your visa is tied to a specific sponsor. If the owner of the branch you are working at is listed as the owner of where you are going, then you don't need to be released. The company would have to report that you are working at a different location though. |
You didn't understand me. I know a guy who works for the same corporation. They are shutting down one of the branches and wanting him to move to another. I mean they are no longer having foreigners teach for the middle school kids, and they want him to move to a branch that teaches elementary kids. He doesn't want to stay at all and wants to go to a totally new company. Isn't changing the building where someone works a change in the contract? |
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polonius
Joined: 05 Jun 2004
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| Posted: Mon Nov 24, 2008 7:17 am Post subject: |
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| They are changing the terms of the contract that he agreed to, and he can request that he is released from employment because of this reason. He doesn't need a letter of release for this. The only need for a letter of release is if you are transferring to a different company. For this to happen, you need to have completed at least 3/4 of your contract. |
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Adventurer
Joined: 28 Jan 2006
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| Posted: Mon Nov 24, 2008 8:26 am Post subject: |
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| polonius wrote: |
| They are changing the terms of the contract that he agreed to, and he can request that he is released from employment because of this reason. He doesn't need a letter of release for this. The only need for a letter of release is if you are transferring to a different company. For this to happen, you need to have completed at least 3/4 of your contract. |
I am not quite sure I got your meaning above. He does want to work for another company. Are you saying, from what I understand, that he can simply leave his work if that building is no longer his workplace and work at another place with no problem? That's what I understood from what you wrote, and I believe someone wrote something to that effect on Dave's in some posting in the past. |
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polonius
Joined: 05 Jun 2004
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| Posted: Mon Nov 24, 2008 9:13 am Post subject: |
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It is difficult to tell how the employer will react without any background information. But, technically, if the are changing the terms of the contract, ie. elementary level instead of middle school, as well as location, then your friend has grounds to request termination of the contract as it constitutes a breach of contract. Any changes in a contract must be agreed upon by both parties. If he is not in agreement, then, they are required to let him go. They will have to report it to immigration, and perhaps your friend will have to go to immigration as well in order to get an exit order. UNLESS he has completed 3/4 of the contract, then he can switch his visa over to a new company with a release letter.
The employer might have wanted to help the teacher out by placing him in a position rather than throwing him out on the streets, OR he might really need him at the other location. So, depending on which situation it is, will generate a different reaction from the employer. The bottom line though is, if your friends does not want to change place of employment, he cannot be forced to, as this needs to be reported to immigration, and it requires your friends ARC to do it.
Let me know if that helps any. |
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