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Son Deureo!
Joined: 30 Apr 2003
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 Posted: Tue May 18, 2010 7:21 am Post subject: Fired from my hogwon, hogwon threatening not to release. |
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So as if getting fired from my job at 5 months 3 weeks and expecting to get dinged for my airfare per the illegal clause in my contract weren't enough (see http://forums.eslcafe.com/korea/viewtopic.php?t=183341&highlight=airfare) now they're saying that they plan on deducting my recruiter fee (NOT in the contract) from my last month's pay and not releasing me from my current E-2.
Getting fired and not being allowed to get a new job, kind of like having your crap and eating it, too.
I know by having called the Labor Board that if they try to deduct my airfare or anything else from my paycheck that I can go to the Labor Board and get it back. If they take a single won from my last pay this is what I'm doing.
I've been hearing a lot of stories on this board lately that if I quit, I can most likely cancel my visa. Has anyone been fired lately under similar circumstances and gotten their visa canceled?
Ideally, I'd like to work until the end of the month collect whatever pay I can, get out of my visa, and move on to the next job.
I'm planning on contacting Immigration in the morning to see what they say about being able to get out of my visa ASAP.
Is there anything more I can do to protect myself? Has anyone else been in a situation like this lately? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue May 18, 2010 9:50 am Post subject: |
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IF they don't / won't give you a LOR (they do not legally have to) then:
1) go to immigration and inform them that you quit.(material change in status) as required by law (within 14 days of the end of our employment).
2) GET AN EXIT ORDER (effectively canceling your visa giving you 30 days from your last date of employment to find a new job and do a visa run - or leave the country and return).
3) find a new job.
4) submit the new set of documents for a new visa application
5) get your visa confirmation number
6) do your visa run
7) start work.
YES, you DO need a full and COMPLETE set of new documents with (your) embassy certifications (affidavits of authenticity) on the (new - less than 6 month old) CRC and degree copy (unless you are using an original). You also need sealed transcripts.
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Tue May 18, 2010 9:59 am Post subject: |
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I was hoping you'd answer, ttompatz.
I'm already in the process of getting a new set of docs, that's not a problem.
Considering that they've basically told me that they don't plan on paying me for the work I've done, I'm very tempted to just stop working for them and get my visa canceled now. Is that feasible? |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Tue May 18, 2010 10:12 pm Post subject: |
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| Quote: |
IF they don't / won't give you a LOR (they do not legally have to) then:
1) go to immigration and inform them that you quit.(material change in status) as required by law (within 14 days of the end of our employment).
2) GET AN EXIT ORDER (effectively canceling your visa giving you 30 days from your last date of employment to find a new job and do a visa run - or leave the country and return).
3) find a new job.
4) submit the new set of documents for a new visa application
5) get your visa confirmation number
6) do your visa run
7) start work.
YES, you DO need a full and COMPLETE set of new documents with (your) embassy certifications (affidavits of authenticity) on the (new - less than 6 month old) CRC and degree copy (unless you are using an original). You also need sealed transcripts. |
A phone call to Busan Immigration this morning confirmed most of this. When I asked about the Exit Order, they said this is not necessary, and that I just need to leave the country and turn in my ARC in on my way out, and then I'd be starting from scratch with my next E-2.
God, I am so sick of hogwon drama. |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Tue May 18, 2010 11:14 pm Post subject: |
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| You may want to get your CRC ordered up now. You could give them an address later when you know where you will be and they can send you it then. It may take a while. I am not certain, because I haven't done it yet and I am finding it very hard to find out how to do it in China. I could have gotten mine in Korea while I was finishing up at my last school in Korea. Unfortunately, I thought the process would be easier. |
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oskinny1
Joined: 10 Nov 2006
Location: Right behind you!
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| Posted: Tue May 18, 2010 11:14 pm Post subject: |
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| If you won't get any pay and they are truly stiffing you then I see no reason to continue showing up to work (other than they have a key to your apartment and will kick you out). |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed May 19, 2010 1:16 am Post subject: |
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| Son Deureo! wrote: |
| Quote: |
IF they don't / won't give you a LOR (they do not legally have to) then:
1) go to immigration and inform them that you quit.(material change in status) as required by law (within 14 days of the end of our employment).
2) GET AN EXIT ORDER (effectively canceling your visa giving you 30 days from your last date of employment to find a new job and do a visa run - or leave the country and return).
3) find a new job.
4) submit the new set of documents for a new visa application
5) get your visa confirmation number
6) do your visa run
7) start work.
YES, you DO need a full and COMPLETE set of new documents with (your) embassy certifications (affidavits of authenticity) on the (new - less than 6 month old) CRC and degree copy (unless you are using an original). You also need sealed transcripts. |
A phone call to Busan Immigration this morning confirmed most of this. When I asked about the Exit Order, they said this is not necessary, and that I just need to leave the country and turn in my ARC in on my way out, and then I'd be starting from scratch with my next E-2.
God, I am so sick of hogwon drama. |
The advantage to the exit order is 2-fold.
1) if you don't get one you only have 14 days from your last date of employment to leave the country.
Obtaining the exit order gives you 30 days so you have time to find a new job and do a visa run (at your new employers expense instead of your pocket).
2) It confirms that your visa is indeed canceled (you can find a new job and get a new visa) and not just voided (meaning you need to wait for the expiry date to pass before you can get another E2).
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Dragoon
Joined: 18 Apr 2010
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| Posted: Wed May 19, 2010 2:47 am Post subject: |
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| damn Son Deureo...I remember seeing your posts years back on here...so that means you've been doing the dirt here for awhile. It sucks that after all this...you're still getting the noob treatment by your ajosshi overlord lord boss. Just goes to show that time in country means jack to the average Korean dude. |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Wed May 19, 2010 2:50 am Post subject: |
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| ttompatz wrote: |
| Son Deureo! wrote: |
| Quote: |
IF they don't / won't give you a LOR (they do not legally have to) then:
1) go to immigration and inform them that you quit.(material change in status) as required by law (within 14 days of the end of our employment).
2) GET AN EXIT ORDER (effectively canceling your visa giving you 30 days from your last date of employment to find a new job and do a visa run - or leave the country and return).
3) find a new job.
4) submit the new set of documents for a new visa application
5) get your visa confirmation number
6) do your visa run
7) start work.
YES, you DO need a full and COMPLETE set of new documents with (your) embassy certifications (affidavits of authenticity) on the (new - less than 6 month old) CRC and degree copy (unless you are using an original). You also need sealed transcripts. |
A phone call to Busan Immigration this morning confirmed most of this. When I asked about the Exit Order, they said this is not necessary, and that I just need to leave the country and turn in my ARC in on my way out, and then I'd be starting from scratch with my next E-2.
God, I am so sick of hogwon drama. |
The advantage to the exit order is 2-fold.
1) if you don't get one you only have 14 days from your last date of employment to leave the country.
Obtaining the exit order gives you 30 days so you have time to find a new job and do a visa run (at your new employers expense instead of your pocket).
2) It confirms that your visa is indeed canceled (you can find a new job and get a new visa) and not just voided (meaning you need to wait for the expiry date to pass before you can get another E2).
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I agree, I'd rather have the paper trail of an exit order as well, in addition to the extra two weeks. I'll do my best to convince Immi to give me one. Any ammo I can use to help me get one? At this point, I'm looking for a uni job, so I'd likely still need to leave and come back for a tourist visa, because I probably wouldn't start working for a few months.
I have been negotiating with my director through my recruiter (who has been surprisingly helpful) and they confirmed that they were indeed planning on deducting 2 million won from my last paycheck. The recruiter convinced them it was improper to deduct the million won recruiter fee, but they're not budging on airfare. So basically they want to get about a 50% discount for me this month.
| Quote: |
| If you won't get any pay and they are truly stiffing you then I see no reason to continue showing up to work (other than they have a key to your apartment and will kick you out). |
This is something my bosses here don't seem to be able to figure out. And I'd like to do just that. My biggest concern is whether it would cause a problem with my trying to get a new work visa if I just didn't show up for work on Monday and instead went to Immi to cancel my visa. Anyone know? |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Wed May 19, 2010 4:30 am Post subject: |
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| Dragoon wrote: |
| damn Son Deureo...I remember seeing your posts years back on here...so that means you've been doing the dirt here for awhile. It sucks that after all this...you're still getting the noob treatment by your ajosshi overlord lord boss. Just goes to show that time in country means jack to the average Korean dude. |
Thanks, I'm not exactly the most prolific poster here, but it's nice to be remembered.
Lack of funds and personal circumstances led me to come back to Korea to work as the most overqualified kiddie hogwon teacher in Busan. I was more than happy to come back, and am enjoying teaching kids for now even though it wasn't my first choice.
Unfortunately, I'm stuck with the worst treatment I've ever dealt with by the bosses from any school. It's a new school that has not done as well as the owner hoped, so they had to let someone go. I had to press in the beginning to get the basics of what's in the contract - health insurance, the furniture for my apartment, sticking to the workday promised, and even one of my 2 measly weeks of vacation (their vacation plan: termination at 50 weeks). That put a target on my back.
All I want now is to get whatever pay I can out of these people, and move on. |
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