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Korean Job Discussion Forums
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Captain Marlow
Joined: 23 Apr 2008
Location: darkness
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 Posted: Thu Apr 02, 2009 3:59 am Post subject: fired! need to wait for contract to end b4 new visa? |
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gave my 2 months notice today and my supervisor went mental... he told me to finish the week and that was it... i told him that i need the two months to get my ducks in a row... he said that he was terminating me immediately because i wasn't being responsible by handing in my notice (?!?)... it's a breach of contract, i know.... but i'm happy to leave early in a way...
my question is: do i have to wait for my current contract's intended end date to come round in order to get a new visa...
my contract is until dec, 2009... will i be unemployable in korea until this time? this can't be true...
does it depend on a letter of release? one person is telling me that this is the case, unless i get a letter of release... which prob isn't gonna happen...
another friend told me that if i get a letter of release, i won't have to do a visa run... but if i don't, i will simply have to do a visa run... he said that the old contract makes no difference, and that yes, i am actually employable...
so what's the skinny? any help would be soooooooooo appreciated! |
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Arthur Dent
Joined: 28 Mar 2007
Location: Kochu whirld
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| Posted: Thu Apr 02, 2009 4:58 am Post subject: |
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http://forums.eslcafe.com/korea/viewtopic.php?t=150606&highlight=
Check this post. If it doesn't help, you could try PMing Last Goodbye. Also try the "How to hammer your hagwon into submission legally" sticky for lawyer information.
Otherwise, contact the Labour Board directly. Seems to be a rash of these happening. Hagwons must be feeling the pinch.
A director threw a fork at a teacher recently I heard. He didn't stick around after that but the fork did - in the wall behind him.
Good Luck.
PS: I've always admired your avatar. |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Thu Apr 02, 2009 6:29 am Post subject: |
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YOU LET THE CAT OUT OF THE BAG
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| my contract is until dec, 2009. |
You are only 3 months into your contract? What did you think he was going to do? Throw a party? You should have at least waited until your 4th month. Then 2 months would have brought you to the 6 month mark, and you wouldn't have to pay for your flight back. Since the school can usually give just 1 month's notice when they want to terminate, you should wait an extra month, 5 months. So, yea, you got the timing right, but you AIN'T SUPPOSED to tell your enemy the plans. Keep them tucked away, hidden from all spy planes 
So, now what to do? Go into work and pretend nothing happened? Well, kinda. Try whatever you can to rectify the situation. If you truly want to stay in Korea, you got to give something up, sacrifice a rook or maybe a knight. Offer overtime, offer less pay to stay. Do something so you can "get my ducks in a row".
Ideally, September would be the time to leave, as you can re-enter on a tourist visa. By then, you can use severance and the flight home as negotiating tools to leave your contract early. Two months from now, let's see, JUNE!!!
You gambled July and August (just 2 more months) so you could leave 5 months into your contract. NOT A BRIGHT THING TO DO BUDDY. I hate to sound pessimistic, but you screwed yourself. Bite the bullet and do what you can to erase the problems.
You also gave notice in the beginning of a month, another dumb blunder. Now you will be doing some free work for them if they are really not going to take you back.
If it gets down to the point (if it's not already there) that you will NEVER go back to this hagwon, and you don't get your 2 months, then pretend it was resolved and pretend they breached the contract by not giving notice.
Pretend whatever notice you gave was something for the future, not now (you only dated it, if so, to be "professional" and help the hagwon owner save money later down the road by giving him the option later to break the contract). That way you might get an exit order from immigration if they think you never intended to leave 5 months into your contract. If you get this, then you might not need a LOR.
You have to make yourself look like a victim. Right now, the crappy hagwon owner is the smiling victim and thinking, "Only three months into the contract? EXCELLENT." |
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Cerriowen
Joined: 03 Jun 2006
Location: Pocheon
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| Posted: Thu Apr 02, 2009 3:44 pm Post subject: |
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If *you* asked to quit, the labor board will say that *you* first decided to end the contract. Therefore, the school isn't obligated to give you 30 days anymore, because it was your idea.
But to answer your original question... do you have to wait?
Well if your boss wants to fire you, he's gotta terminate your visa. When he does that, you are released from your obligation, and can get a new job.
IF all your documents are here, and ready to go... you should be able to do a visa run to Japan (I believe anyway...)
I'm not sure if you can get a letter of release w/o terminating the visa and switch to another hakwon. I know you *can* switch to a public school that way without redoing the visa process. |
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