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special_k
Joined: 23 Mar 2010
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 Posted: Mon Oct 25, 2010 6:00 am Post subject: Release letter being refused - please help |
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Hi guys,
I need some advice please. Basically I have been working for a Hagwon (with my boyfriend) for 5.5months and been paid for only 2 of them.
We have started a labour court process, however our director has said she will drag it out as long as possible (she delays the meetings and has them put back a week each time). I'm not sure how many times she can do this. She is already well known at the labour board (both Korean co-workers have filed cases as well as TWO previous foreign teachers at the school). For some reason she can get away with delaying the process. Our apartment is insecure - we have been evicted 4 times already due to rent not being paid.
Our plan was to go home after the first meeting, then find a new job in January and keep fighting the case then. Problem is, she is refusing to give us a release letter. I know this is voluntary on her behalf, so legal pressure probably won't do much.
Is there anyway we can avoid having to get a release letter? If the Hagwon closes due to bankruptcy (which is basically what is happening) do we still need a release letter?
Thank you in advance |
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Sector7G
Joined: 24 May 2008
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| Posted: Mon Oct 25, 2010 6:19 am Post subject: |
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Our situations may be different, but here is what I did when the hagwon owner balked at giving me an LOR, even though I had given him 60 days notice.
I simply stated firmly(through a co-teacher who was translating) that I was leaving one way or another, but if I did not get my LOR within a few days, I would leave immediately, instead of in 60 days. I got my LOR 2 days later. |
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Carla
Joined: 21 Nov 2008
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| Posted: Mon Oct 25, 2010 6:21 am Post subject: Re: Release letter being refused - please help |
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| special_k wrote: |
Hi guys,
I need some advice please. Basically I have been working for a Hagwon (with my boyfriend) for 5.5months and been paid for only 2 of them.
We have started a labour court process, however our director has said she will drag it out as long as possible (she delays the meetings and has them put back a week each time). I'm not sure how many times she can do this. She is already well known at the labour board (both Korean co-workers have filed cases as well as TWO previous foreign teachers at the school). For some reason she can get away with delaying the process. Our apartment is insecure - we have been evicted 4 times already due to rent not being paid.
Our plan was to go home after the first meeting, then find a new job in January and keep fighting the case then. Problem is, she is refusing to give us a release letter. I know this is voluntary on her behalf, so legal pressure probably won't do much.
Is there anyway we can avoid having to get a release letter? If the Hagwon closes due to bankruptcy (which is basically what is happening) do we still need a release letter?
Thank you in advance |
The release letter would be worthless to you anyway. The point of the release letter is to allow you to transfer your visa IF you have worked at your contract for at least 9 months (or if you have renewed, at least 3 months of your new contract).
Since you have not worked 9 months, you can't transfer your visa, and you just have to start the process over anyway. Just start getting all your paperwork together now so you have it when you get ready to start your job search again.
Hope this helps. |
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special_k
Joined: 23 Mar 2010
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| Posted: Mon Oct 25, 2010 6:33 am Post subject: Re: Release letter being refused - please help |
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| Carla wrote: |
| special_k wrote: |
Hi guys,
I need some advice please. Basically I have been working for a Hagwon (with my boyfriend) for 5.5months and been paid for only 2 of them.
We have started a labour court process, however our director has said she will drag it out as long as possible (she delays the meetings and has them put back a week each time). I'm not sure how many times she can do this. She is already well known at the labour board (both Korean co-workers have filed cases as well as TWO previous foreign teachers at the school). For some reason she can get away with delaying the process. Our apartment is insecure - we have been evicted 4 times already due to rent not being paid.
Our plan was to go home after the first meeting, then find a new job in January and keep fighting the case then. Problem is, she is refusing to give us a release letter. I know this is voluntary on her behalf, so legal pressure probably won't do much.
Is there anyway we can avoid having to get a release letter? If the Hagwon closes due to bankruptcy (which is basically what is happening) do we still need a release letter?
Thank you in advance |
The release letter would be worthless to you anyway. The point of the release letter is to allow you to transfer your visa IF you have worked at your contract for at least 9 months (or if you have renewed, at least 3 months of your new contract).
Since you have not worked 9 months, you can't transfer your visa, and you just have to start the process over anyway. Just start getting all your paperwork together now so you have it when you get ready to start your job search again.
Hope this helps. |
After 6 months you can transfer your visa (I think) , but we are not looking to do that. We will start the whole process again, but I heard that if we don't have a release letter, then we can't get a new job until our current visa expires in May next year... |
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Carla
Joined: 21 Nov 2008
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| Posted: Mon Oct 25, 2010 6:38 am Post subject: Re: Release letter being refused - please help |
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| special_k wrote: |
After 6 months you can transfer your visa (I think) , but we are not looking to do that. We will start the whole process again, but I heard that if we don't have a release letter, then we can't get a new job until our current visa expires in May next year... |
It was 9 months unless they changed it. Moot point anyway, lol.
Your visa will be terminated the moment you turn in your ARC at the airport. No worries~!
Best of luck~! |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Oct 25, 2010 6:59 am Post subject: |
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OP:
IF you plan to leave Korea you don't need a LOR anyway.
You simply hand in your ARC on the way out, tell the nice officer at passport control that you have left your job and cancel your visa.
When you return you begin the visa process all over again (sans the interview), do a quick visa run to Japan (at the employers expense) and get on with your new job.
. |
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special_k
Joined: 23 Mar 2010
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| Posted: Mon Oct 25, 2010 7:15 am Post subject: |
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So we would need to do a visa run to Japan even if we go back to England and apply from there? I thought that was only the case if you stayed in Korea. Bit confused!
So we 100% do NOT need a LOR if we quit, go home, then find a new job in January? Can we cancel our own visas at the airport? I read somewhere that our director needs to notify immigration and cancel them herself. If she refuses to do this, would we have a problem? |
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Carla
Joined: 21 Nov 2008
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| Posted: Mon Oct 25, 2010 7:21 am Post subject: |
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| special_k wrote: |
So we would need to do a visa run to Japan even if we go back to England and apply from there? I thought that was only the case if you stayed in Korea. Bit confused!
So we 100% do NOT need a LOR if we quit, go home, then find a new job in January? Can we cancel our own visas at the airport? I read somewhere that our director needs to notify immigration and cancel them herself. If she refuses to do this, would we have a problem? |
If you come back to Korea first, you can do a visa run here. If you get the job in England, youcan get the visa there. You are good either way.
You 100% do not need a LOR. You will not be transferring. The ONLY purpose of a LOR is to transfer a visa.
Once you give your ARC to immigration at the airport, your visa is cancelled. Even if you get back on the next airplane and come back and said you changed your mind, your visa is cancelled. Your director can do nothing. She is probably just letting you "think" she can cause you problems.
You are all good. No worries. The only thing you need to worry about is taking her to court and getting what you are owed. |
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special_k
Joined: 23 Mar 2010
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| Posted: Mon Oct 25, 2010 6:51 pm Post subject: |
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| Thanks so much for your help. One less worry, hey!? |
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Carla
Joined: 21 Nov 2008
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| Posted: Mon Oct 25, 2010 7:02 pm Post subject: |
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| special_k wrote: |
| Thanks so much for your help. One less worry, hey!? |
You're welcome. Enjoy your vacation back home~! |
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