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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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austinchauncey
Joined: 02 Mar 2010 Location: seoul
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Posted: Fri Mar 05, 2010 12:06 am Post subject: Qutitting job when employer breaks contract, options? |
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My new employer has broken a clause in the contract. The work hours but not the teaching hours (exactly maximum teaching hours = no overtime) have been extended significantly with the verbal promise that it is temporary. At the moment, I'm making 12,000 krw an hour for prep and teaching time along with overly long "breaks" that I never signed up for.
In addition, the recruiter either flat-out lied or was grossly misinformed about the students. I was told that I'd be teaching older students (I told them I strongly preferred Western age 9 and up but I'm mostly "teaching" pre-K), though looking back, there was a certain vagueness as to the exact age but I was assured it wouldn't be babysitting. What I am doing now is EXACTLY babysitting. As for the vagueness, it didn't set off alarms because I've taught here in the past and the contract and interview were the same way with no noteworthy changes.
The place is also full of drama on the top level.
My instinct tells me they wouldn't sign a release letter even if I found them a perfect replacement willing to work in such an environment, long hours and peanuts pay considered... which I would not anyway.
Would they HAVE to cancel my visa if I quit? A friend told me that they can "hold" visas until the visa expiration date, meaning that I wouldn't be able to get a job here for a long time. Also, it would hurt my chances of being approved for a visa in the future. If I get another type of work, would this override the existing visa? Help please!
What are my options? |
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broken76
Joined: 27 Jan 2008
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Posted: Fri Mar 05, 2010 12:32 am Post subject: |
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If the contract contains clauses for work hours then you can file a complaint with the labor board about a break in the contract. In most cases if you're making extra money for prep time then it's a pretty good deal as the majority of positions will not pay for prep or admin duties as it's simply part of the job of being a teacher.
Also workplace drama is not considered a viable reason for quitting so won't be something the labor board cares about.
A letter of release does not need to be issued by the school but a letter of employment is. A letter of employment will simply state the dates that you were employed at the school. This does not need to include any other information.
The school does need to legally cancel your Visa once you quit. They have 2 weeks to cancel with immigration. You must leave the country though to have the Visa canceled and it cannot be done while you are here.
You can also request to have your Visa canceled on the way out of Korea at the airport when clearing immigration.
If you or the school didn't cancel the Visa within two weeks you can contact immigration and they will contact the school to insure that the Visa is canceled. Again this can only happen when you are outside the country.
You cannot get a new Visa until your current Visa is terminated and you also cannot hold 2 Visas at the same time. |
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austinchauncey
Joined: 02 Mar 2010 Location: seoul
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Posted: Fri Mar 05, 2010 1:48 am Post subject: |
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broken76 wrote: |
If the contract contains clauses for work hours then you can file a complaint with the labor board about a break in the contract. |
It does, but at the end of the contract, it says they can basically change anything whenever. Same with previous employer.
broken76 wrote: |
In most cases if you're making extra money for prep time then it's a pretty good deal as the majority of positions will not pay for prep or admin duties as it's simply part of the job of being a teacher. |
No, I'm not. I just divided my salary by the total hours required of me for the job.
broken76 wrote: |
Also workplace drama is not considered a viable reason for quitting so won't be something the labor board cares about. |
Yeah. Crap with co-teachers, I don't really care about and there isn't anything really. The quickly changing administration and DRAMZ within management from day 1... in front of foreigners, other minions and customers/parents... gives me a very bad feeling about the coming year... it's more a reason for me to jump ship, but I didn't think the labor board would give a s---
broken76 wrote: |
A letter of release does not need to be issued by the school but a letter of employment is. A letter of employment will simply state the dates that you were employed at the school. This does not need to include any other information.
The school does need to legally cancel your Visa once you quit. They have 2 weeks to cancel with immigration. You must leave the country though to have the Visa canceled and it cannot be done while you are here.
You can also request to have your Visa canceled on the way out of Korea at the airport when clearing immigration.
If you or the school didn't cancel the Visa within two weeks you can contact immigration and they will contact the school to insure that the Visa is canceled. Again this can only happen when you are outside the country.
You cannot get a new Visa until your current Visa is terminated and you also cannot hold 2 Visas at the same time. |
Okay. Thanks. That is immensely helpful. I wasn't sure if I had the authority to cancel the visa after prior counsel and all the info online. I suppose I have to contact immigration to clear up the reason why I left if the complaint with the labor board doesn't go through in a timely manner. They don't seem incredibly expedient. I wouldn't want my record sullied, making me look unreliable to the government of South Korea henceforth and jeopardizing any future ventures here. |
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