Korean Job Discussion Forums

st3ph3n · Joined: 12 Mar 2010

Posting this on behalf of a friend...

She is in the last month of her contract at her hagwon (4 weeks to go approx). A couple of months ago she tried to find a public school position, to no avail, so told her hagwon that she would be keen to re-sign for a second year (although no contract was signed).

Then on Monday she was called in for an interview at a friend's public school, and was offered the job, which starts 3 days after her Hagwon job finishes. She told the hagwon director that she will now in fact not be re-signing for a second year.

He called her into the office at the end of the day for a dressing down, saying she can't leave etc. and that he won't give letter of release.

Obviously unfortunate that the hagwon has to find a new teacher at relatively short notice but can they realistically do anything to scupper the move?

Crucially:

1. Can they refuse to give Letter of Release?
2. Is Letter of Release even required since the new job starts after the old contract is finished?

Thanks.

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

If the new job starts after her old contract expires there is NOTHING the old school can do other than call the new employer (if they know who it is) and try to make things rough by giving a bad reference (illegal but not uncommon).

They can refuse a LOR (there is no legal obligation to give one).
It is NOT needed after her contract expires. The employer cannot hold her after her contract expires but you can bet they will screw with her final money as a result. I see a labor board complaint in her near future.

If her ARC expires AFTER the new job starts she can do a simple transfer at the end of her contract without the permission or blessing of her old employer (no need for a LOR).

IF her ARC expires at the same time as or before her old contract ends then she has problems (may not be able to transfer).

IF she has all new documentation ready and is willing to do a visa run she is good as gold.

.

st3ph3n · Joined: 12 Mar 2010

Thanks for that. I think the ARC expires the same day that the contract finishes. What kind of problem does this pose? Does this effectively put her at the mercy of the current hagwon owner?

lifeinkorea · Joined: 24 Jan 2009 Location: somewhere in China

Bottom line is it looks like she will need all new documents to get a new visa. The old school can't do anything to the teacher in this case.

You could try to kill two birds with one stone by trying to negotiate less pay at the end in exchange for a LOR. Then you don't have to fight for it through the labor board.

ontheway