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Give it to me straight!!!
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the eye



Joined: 29 Jan 2004

PostPosted: Wed Apr 14, 2004 1:54 am    Post subject: Give it to me straight!!! Reply with quote

If I try to deliberately get fired to get out of my contract, what repercussions can i expect? I want to get a new job in the same city. I have worked 3 years in Korea without any problems...until this year.
My director has broken the contract, but still refuses to give me a release.
I have tried to do it the honorable way, but it is not getting me anywhere.

Please only reply if you have recent experience in this type of situiation.
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Homer
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PostPosted: Wed Apr 14, 2004 3:26 am    Post subject: Reply with quote

When you say you tried the honorable way the eye...what does that include?

Did you try the labor board and immigration?
(just curious here)
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the eye



Joined: 29 Jan 2004

PostPosted: Wed Apr 14, 2004 4:59 am    Post subject: Reply with quote

Homer...

Yes, i have visited both immigration and the ministry of labor. The immigration department says its an issue between myself and the owner and they are not going to mediate.
The ministry of labor admits they have a contract violation regarding my living conditions. However, they say that if the owner doesn't want to give release, there is nothing they can do.

I know what you are going to say, it doesn't sound right to me either.

I've lived and worked in Daegu for three years now with no problems. The fourth is proving to be a bitch.
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Wed Apr 14, 2004 5:09 am    Post subject: Reply with quote

Give your 30 days notice as per the legal requirement. After 30 days pack up and leave, LOR or not, you have been honourable and done it by the book. Smile
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Homer
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PostPosted: Wed Apr 14, 2004 6:19 am    Post subject: Reply with quote

Indeed sadsac.


The eye,

Thank you for giving more detail on your situation.
Sounds bad indeed.

However perhaps you could push a little more at the Labor board (sometimes they need nudging).

If you give notice to your employer with valid reason (this is your case) then by law he has to give you a LOR. There might be some resistance there but you need to stick to your guns and perhaps get some help.

Did you tell your boss that you will involve the labor board if he does not comply?
Did you even give him a 30 day notice yet?


Hope it all works out man.
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rapier



Joined: 16 Feb 2003

PostPosted: Wed Apr 14, 2004 6:24 am    Post subject: Reply with quote

Homer wrote:
Indeed sadsac.


The eye,

Thank you for giving more detail on your situation.
Sounds bad indeed.

However perhaps you could push a little more at the Labor board (sometimes they need nudging).

If you give notice to your employer with valid reason (this is your case) then by law he has to give you a LOR. There might be some resistance there but you need to stick to your guns and perhaps get some help.

Did you tell your boss that you will involve the labor board if he does not comply?
Did you even give him a 30 day notice yet?


Hope it all works out man.

I agree that giving adequate notice is the best option here. Enforcing getting your letter of release, will be the main obstacle.
Once you give notice, you might find he miraculously sees your side and makes due concessions.
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Homer
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PostPosted: Wed Apr 14, 2004 6:26 am    Post subject: Reply with quote

Good point Rapier.
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the eye



Joined: 29 Jan 2004

PostPosted: Wed Apr 14, 2004 6:38 am    Post subject: Reply with quote

Thanks Homer, Sadsac, Rapier.....

I have also given my notice. They accepted it and said they no longer wanted to work with me because i was 'so rude' to them regarding this issue.
However, they said the only way i can quit is by going back to my home country....and surely they will make my return impossible.
They are obviously effected from losing face, and the prospect of finding someone who will work for them.

If I give notice, can the labour board force a release?
If I try to get fired, can they block me from getting rehired in my city.
My former employer is welcoming me back if i can get out of this one.
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Wed Apr 14, 2004 6:54 am    Post subject: Reply with quote

I was informed very recently that the labor board can't force a letter of release- ever. Their best advice was to leave the country and return on a tourist visa.

Did I mention how many times they refered to my "owners" when dealing with them? Thankfully not the ones at the English hotline- just the ones in my city. Does "Employer" translate as "owner " in Korean?
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the eye



Joined: 29 Jan 2004

PostPosted: Wed Apr 14, 2004 6:58 am    Post subject: Reply with quote

i think i have another way out....

i still have not applied for my ARC. To do this, i need mu origional degree. What if i miraculously can't find it???

My VISA will be cancelled....no?

I'm grasping at straws now....
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Wed Apr 14, 2004 3:02 pm    Post subject: Reply with quote

What? If you don't have your ARC, you still aren't legal. At least that's what I've read on here.

I believe you are free and clear to walk.

Please correct me if I'm wrong here. Confused

Cheers
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Gord



Joined: 25 Feb 2003

PostPosted: Wed Apr 14, 2004 3:43 pm    Post subject: Reply with quote

the eye wrote:
i think i have another way out....

i still have not applied for my ARC. To do this, i need mu origional degree. What if i miraculously can't find it???

My VISA will be cancelled....no?


No. All it will accomplish is possibly increasing your risk of being denied a work visa in the future.

Regarding the letter or release: That's strictly an Immigration problem and has nothing to do with the Labour Board, much like the Labour Board has nothing to do with you and the cable TV company when the cable TV in your apartment breaks. You pretty much go to them when you want to stay at the current job as they aren't Immigration.

Though I'm curious what you said the Immigration claimed they couldn't do anything. Perhaps you should hire someone who is fluent to translate for you. I know a number of people who have had Immigration grant them permission to get new jobs when the employer didn't live up to their end of the bargain.
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Derrek



Joined: 15 Jan 2003

PostPosted: Wed Apr 14, 2004 5:35 pm    Post subject: Reply with quote

We still don't know (unless I missed it) how long this person has worked at this school. Legally, they have 3 months to get the ARC card.

The problem we have here is that if they are under 3 months, will the 30 days of notice prove to put them over the 3 month mark?

Another thing --- you should PM Wylde (or is it Wylie?). I think he was the one who said he's gotten jobs approved through immigrations without a letter of release.
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own_king



Joined: 17 Apr 2004
Location: here

PostPosted: Sun Apr 18, 2004 12:20 am    Post subject: Give it to me straight!!! Reply with quote

OK, Eye, I might be a bit late on this issue, but I figured I'd kick in my two cents anyway. I think giving 30 days notice is a terrible idea. It sounds like your employer is a real shady character. Giving 30 days notice would most likely result in 30 days of bullshit, bad treatment, and probably not getting paid in the end, let alone a letter of release. I've been lucky to avoid any serious money problems in the places I have worked, but you might be wise to just take your next pay and bolt before he has a chance to screw you over further. Your only problem is if you want to stay in Korea and work after this. Then you can gamble and give notice and hope he gives you a letter of release. But even if he does decide to break character and be on the up and up and pay you, I am sure he will try to screw you out of airfare and maybe even recruitment cost or any other parts of your contract he can drag into it. Even after all this there is no saying that you will get a letter of release, you might end up sitting in the immigration or labour board office, being told in broken english, that the issue is "impossible". I can not count the number of times I've been told this over very simple matters, like deviating from a set menu in a kimbap restaurant Laughing In the mean time, your employer will have probably called immgration and told them you broke your contract and to cancel your visa. You will be lucky to not get deported with no money before the Labour Board lifts a finger to help the waygook. Just my opinion, take it for what it's worth.
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aussie col



Joined: 31 Jan 2004

PostPosted: Sun Apr 18, 2004 1:46 am    Post subject: Reply with quote

Take a breath man.
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