Korean Job Discussion Forums

[Mallard]

I work for an afterschool program at an Elementary school. My employers are trying to get me to move schools and into a different apartment, because the current school I'm teaching in hasn't been very profitable. To cut a long story short, I want to quit and still have six months on my contract. My question is "who do I ask for the letter of release?" The principle of the elementary school I'm currently teaching in, or the person who employs me and runs the afterschool program? My contract states that I work for the Elementary school.

If anyone has run into this situation before and can help I would appreciate it.

-Thanks

[bliss]

I was nearly in your exact situation a few months back, but I managed to sort something out so I didn't need a letter of release after all.

Anyway, your contract is with the school. And I'm sure your alien card and registration with immigration say that your elementary school is your visa sponsor. Most companies that run afterschool programs try to 'disguise' themselves away from what they are doing due to legal technicalities. That's why your company is never mentioned on any documentation etc.

You should visit immigration and explain the whole situation to them. I expect that immigration will say that you need to get a letter of release from your school principal. But your school principal will say that he/she has nothing to do with your contract and you need to get it from your boss.

So, my advice is to ask immigration to write a letter to your school principal (or a phonecall) telling them that they are responsible for the letter of release.

[bliss]

If everything fails, you may have to take the route that many others who can't get a LOR take - you tell immigration to cancel your visa, get an exit order to leave Korea, and apply for a new job + visa.

[Mallard]

Bliss, thanks for the info. You're right. My contract, ARC and visa only show the public school as my sponsor. I'll be going to the immigration office soon to sort this out. In your opinion, if I simply stopped going and broke my contract do you think there would be a way for the afterschool program to report me to immigration, if technically, they're not the ones who sponsored my visa? Also, if you don't mind my asking, how were you able to manage without a LOR? Thanks again!

[bliss]

Hmmm.... Firstly, do everything you can to get that LOR from the principal, then you are free.

If you stop going to work your boss might then 'front' for the school to immigration. Also, what about your pay? You should be able to get everything owed to you if you finish up at your existing school, even if it means you have to go to labor. Make it clear to your boss that you will not be moving schools/apartments.

And in my situation... the trouble started at the 9 month mark. My school prinicipal only signed a 9 month contract with my company, while I was on a 12 month contract with my company! And we had lost quite a few students, despite my best efforts. Anyway, I wanted to take a break, so I got 6 weeks unpaid vacation. After the 6 weeks, my old school wanted to restart the program with my company with me as the teacher. So, I've restarted there, but I certainly don't think I will ride out another year. The whole situation is too uncertain for my comfort.

I've learned that employees of after-school programs should only plan ahead in 3-month chunks, as this is the length of a 'semester' in an after-school program. After that period, anything could happen.

[Mallard]

Yeah, I'm starting to realize how "uncertain" these afterschool programs can be. I'll take your advice and try to get the LOR from the principal. Thanks again for all the info.

[bliss]

Let us know how you got on.

[Mallard]

Everything is still very up in the air. I've been waiting to get paid before I inform the company I will not be moving to the new school and apartment. I fear that if tell them now, they will not pay me at all. This is taking longer than expected because my pay is late this month.

Though, I am curious how exactly I would take this company to the labor board if they don't pay me. They weren't the ones who technically sponsored my visa, and aren't listed in my contract, only the elementary school is, so do I take the elementary school to the labor board? I imagine I will have to start a new thread if that becomes the case. Hopefully I get paid soon.

I did, however, call the immigration office, which was way easier than I expected. The prompts were given in English and I waited about a minute before I was connected to an English immigration specialist, who was super nice and helpful. She confirmed that I need the letter of release from the principal not the owner of the company, like you said, and told me to have the principal call immigration at the same number if he had any questions.

As it stands right now. I'm waiting to get paid, to then resign, to then visit the principal and get him to sign a LOR. Hopefully everything pans out well. I'll keep ya posted.

[bliss]

I'm pretty sure you could take your company to labor if you didn't get paid.

Your school principal would be able to attest to the labor board that he/she hired a company to run the afterschool program, and the company was responsible for your employment + pay. (and proof of your company doing phony paperwork/documentation).