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letter of release/ being screwed out of lasts months salary

 
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Thu Dec 17, 2009 7:47 am    Post subject: letter of release/ being screwed out of lasts months salary Reply with quote

Here is my current situation.

I have now quit my second job in Korea, and I will be leaving in a few days. I lasted all the way through my first, but did not receive my severance pay. I had my boss sign something saying that he will agree to give me the letter of release, which will enable me to go to another job in Korea. However, my boss lied and claimed that I owed him my lasts months salary, and I know this because I contacted the Kangnam labor Law Firm, and they showed me all the illegal violations that were committed in my contract. For example, not paying me my overtime. I am currently working at an slp (slave labor program),and I can't wait to get out in a couple of days. It seems to me he can hold me hostage, because I need the letter of release. I also know that you can cancel your current E2 visa and get another one, but both parties have to be there, and in my case I don't think my boss would go along with it. Also if I did cancel it, How long would it take to get a new one? I was planning on starting a new job in a week?. The question is how do I get the letter of release or cancel my visa, and get my lasts months pay that he screwed me out of when he told me if I wanted the lor, I had to promise not to take legal action. If I canceled my visa, I could take legal action. Two other teachers broke contract, one quit, and one was fired. They both went home, and received their lasts months pay, and the teacher that got fire threatened the school with the labor board and also got his plane ticket. I have been working for free for the past 18 days, and I am really pissed off that this lying scumbag is claiming I owe him my lasts months salary. When I approached him about it, he arrogantly told me that he makes the decisions and not me, and claimed because I was staying in Korea it was different. Has anyone been in a similar situation. Does anyone have any advice? I would really appreciate it. thanks
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Thu Dec 17, 2009 7:55 am    Post subject: Reply with quote

I was in a situation where the school said "You got to give us 2 weeks to get another teacher". I moved into a a goshiwon (actually goshitel, but same thing). So, when I heard that, I tried to secure that arrangement and said they didn't have to pay me for those 2 weeks. 2 weeks is better than 2 months notice. I ended up doing a whole month, and I didn't get paid for the other half of the month.

However, I was with the new school for a year, and I got severance, similar pay, and a whole lot less stress. I suggest you just do the minimal work you need to do to get the letter of release and then move on.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Thu Dec 17, 2009 7:56 am    Post subject: Reply with quote

Which SLP?
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jhicks99



Joined: 04 Mar 2009
Location: Seoul, South Korea

PostPosted: Thu Dec 17, 2009 8:42 am    Post subject: Reply with quote

I'm curious as to which SLP too.
I really like how they operate (foreign teacher handles the classes while the Korean teacher prepares all the lessons/materials), seems much better for the kids and as a teacher you'd just show up, teach and then be on your merry way (not that you don't do that sometimes at other hagwans...).

I'd be happy to teach an extra hour a day in exchange for ditching my out of class responsibilities.
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VFRinterceptor



Joined: 22 Jun 2009

PostPosted: Thu Dec 17, 2009 5:05 pm    Post subject: Re: letter of release/ being screwed out of lasts months sal Reply with quote

kingssurfer wrote:
Here is my current situation.

I have now quit my second job in Korea, and I will be leaving in a few days. I lasted all the way through my first, but did not receive my severance pay. I had my boss sign something saying that he will agree to give me the letter of release, which will enable me to go to another job in Korea. However, my boss lied and claimed that I owed him my lasts months salary, and I know this because I contacted the Kangnam labor Law Firm, and they showed me all the illegal violations that were committed in my contract. For example, not paying me my overtime. I am currently working at an slp (slave labor program),and I can't wait to get out in a couple of days. It seems to me he can hold me hostage, because I need the letter of release. I also know that you can cancel your current E2 visa and get another one, but both parties have to be there, and in my case I don't think my boss would go along with it. Also if I did cancel it, How long would it take to get a new one? I was planning on starting a new job in a week?. The question is how do I get the letter of release or cancel my visa, and get my lasts months pay that he screwed me out of when he told me if I wanted the lor, I had to promise not to take legal action. If I canceled my visa, I could take legal action. Two other teachers broke contract, one quit, and one was fired. They both went home, and received their lasts months pay, and the teacher that got fire threatened the school with the labor board and also got his plane ticket. I have been working for free for the past 18 days, and I am really pissed off that this lying scumbag is claiming I owe him my lasts months salary. When I approached him about it, he arrogantly told me that he makes the decisions and not me, and claimed because I was staying in Korea it was different. Has anyone been in a similar situation. Does anyone have any advice? I would really appreciate it. thanks


You've answered your own questions.

Keep talking to the law firm and follow their instructions closely. It sounds like you'll be taking the director to the labor board, as you should.
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Fri Dec 18, 2009 1:17 am    Post subject: lor Reply with quote

' curious as to which SLP too.
I really like how they operate (foreign teacher handles the classes while the Korean teacher prepares all the lessons/materials), seems much better for the kids and as a teacher you'd just show up, teach and then be on your merry way (not that you don't do that sometimes at other hagwans...).


I can't say for my own safety. I think this is true if you are a kindy teacher, but this is not true if you are an afternoon teacher like me. The materials are provided by slp, but the afternoon teachers prepare their own lessons. Yes, this is true of some hagwons, but not this one, and not all of them. This hagwon illegally does not pay their f/t their o/t pay, in which they are preparing lessons/ doing work, and I have the evidence. Yes, the Korean teachers do a lot of work, but I bet they are getting screwed over as well.

I contacted the Kangnam labor Law Firm, and they showed me all the illegal violations that were committed in my contract.
If I canceled my visa, I could take legal action. The teacher that got fire threatened the school with the labor board and also got his plane ticket.


I was told specifically that you cannot go to immigration yourself and cancel your own visa. Nor can you provide all the documents by yourself. A second person is required. Once you receive your EXIT ORDER you are given 30 days to find another teaching position including private academies. Once you find a new employer, you must submit a copy of the new contract and you are allowed to work for them once approved by immigration. You will need to supply a contract, sealed transcripts, self health check form passport, and ARC. You will not have to submit a second criminal record check unless you have left Korea. Once accepted, you will be issued a visa number within two weeks are required to do visa run to process a new visa. The number on your ARC will not be changed.

I am almost positive that my boss would not agree to it. Meaning I wouldn't get to finish my visa until June. Plus would they just use my old documents,, minus the cbrc or would I have give immigration new ones?
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jhicks99



Joined: 04 Mar 2009
Location: Seoul, South Korea

PostPosted: Fri Dec 18, 2009 8:44 am    Post subject: Reply with quote

Quote:
You will need to supply a contract, sealed transcripts, self health check form passport, and ARC.


I really don't understand why the need for the sealed transcripts. They should already have them on file, as should the consulate in your home country. How the heck are you going to get them into Korea within 30 days anyway? I guess it might be wise to bring an extra sealed transcript or two into Korea when you go just in case.
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