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Breaking Contract
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yolandifrates



Joined: 17 May 2010
Location: Seoul

PostPosted: Tue Jun 08, 2010 4:58 am    Post subject: Help!!!!!!! Reply with quote

Hi

I've been here six months and right now I am receiving a lot of problems from my boss. I am thinking of breaking my contract.

They of course have all my documents. Do I need a new set from my home country?

And can I still work in Korea even if I do break my contract? I don't want to leave the country, I just want to leave the school. I read about the people who got screwed with giving notice, so I am thinking of not doing that and doing a typical midnight run. Problem is, can I get back into the country if I do that? Can anyone give some info on this as I have no idea what to do. Sad
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andyb



Joined: 08 May 2010
Location: Kimhae

PostPosted: Sun Aug 01, 2010 10:19 am    Post subject: Leaving my hagwon Reply with quote

Hi there guys- just wondering if you can give me a little bit of advice regarding my current situation.

I have decided to leave my hagwon after having being here for 8 months- I gave in my notice two weeks ago and after a couple of days they said they wanted me to leave as of 30th July (giving me a little under two weeks notice and forcing me to leave before the 5 day summer holiday). They told me that they had found a new teacher already in Korea and that I could stay in my accommodation until 4th August (although I said I would try and leave before).

At this point I was feeling a little screwed (them wanting me to leave before the holiday) but I felt helpless and thought I had no other choice. When I told them that two weeks seemed a little short notice they told me that they had been thinking about me, and that I had seemed desperate to go. They may have thought this but all I said was that I decided to leave.

So I worked the final day (last Thursday 29th July) and I was supposed to discuss my final payment with the director and her son (a teacher at the school). The director siad she was too busy to talk and so asked if we could talk on Saturday- I told her no but she didnt understand. So anyways John, the son, got a phone call from the new teacher saying he needed to move into "my" house as soon as possible. John told me that I needed to vacate the house as soon as possible and I told him it would be impossible to leave before Tuesday. He said the same thing- I hsve tp leave by Sunday.

So later on Thursday night I got another call from John saying the same thing- he needed me out of the house as soon as possible- preferably the next day. I once again told him that it was impossible, and then he srarted screeming and shouting on the phone, repeatedly calling me a "f***ing liar". I told him to calm down and stop swearing at me- he didnt. He said he was so angry with me and kept on calling me a lair- then he srarted screeming that he would not sign a Letter of Release for me and that I would have to go back to England. At this point I lost it with him and told him to go f*** himself and put the phone down on him. He called me back a couple of mins later and suggested that we split the cost of housing the new teacher in a motel for a acouple of days- I reluctantly agreed.

The next day, Friday, I underwent a rhinoplasty (nose job). I returned to my accommodation and up until now I have been preparing to leave. Tomorrow morning (Monday) I will leave the accommodation to stay in a motel. I have still not received my final payment and I have no Letter of Release. I want to continue working in Korea but I am now not sure where I stand legally. I mean can anybody other a little advice as to what I should do now? I am currently applying for new positions online and I am trying to get the hagwon to issue me with a LoR. What else should I do?

I would really appreciate all of your help with this one guys!

Thanks,

Andy
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Aug 01, 2010 10:43 am    Post subject: Reply with quote

What to do would largely depend on whether or not you have the documents in hand for a new visa.

IF you do, or you can get them within 90 days, then you have 14 days to leave Korea, hand in your ARC on the way out and return as a 90 day tourist. This effectively gives you 104 days to get straightened away and do a visa run for a new job (but you can't legally work till you get your new visa).

Now find your new job, get a visa confirmation number and do a visa run to Japan,

IF you can get the LOR you MAY be able to do a simple transfer (change of workplace) to a new employer.

If you need more time, head for the Philippines, find a nice pension house (private room with private bath and maid service - $300 per month including breakfast). Rest, recuperate, get your ducks in a row (get a new set of documents in order), find a new job and return.

The advantage of the Philippines over Thailand is the liberal number of extensions you can get as a tourist (up to 2 years by simply getting an extension every 2 months,)

Land, get 21 days on arrival. Pop into the local immigration office and extend that to 59 days. Before that is up, pop back in and get another 60. Continue as required.

.
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andyb



Joined: 08 May 2010
Location: Kimhae

PostPosted: Sun Aug 01, 2010 6:10 pm    Post subject: Reply with quote

Hi there,

Thanks for your reply. Well as I said I would really like to find a new position and just do the simple transfer. Can I ask why you only say this MAY be possible?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Aug 01, 2010 7:03 pm    Post subject: Reply with quote

andyb wrote:
Hi there,

Thanks for your reply. Well as I said I would really like to find a new position and just do the simple transfer. Can I ask why you only say this MAY be possible?


Because transfers are at the whim of the immigration officer handling the application. They adjudicate each application individually and are not required to allow a transfer - it is at their discretion. Is it possible = yes. Does it always occur (even with a LOR) = no.

Additionally, with the changes that are happening they may disallow a transfer and require a new visa unless your prior documentation meets the new standards and requirements.

.
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genmakenx



Joined: 02 Sep 2009

PostPosted: Mon Aug 02, 2010 7:24 pm    Post subject: Reply with quote

hello
so i have a job now back in my country and want to make a run for it. i must do this because i need to leave withing 7 days. i know my boss would say no and believe not telling him is best. however, if i do a no show and just move out of my apartment then into a friends for a few days to wait for my flight. will i be ok at immigration.
if they did report me will i be banned from coming into korea or just working there for a few years.

sorry for no question marks and capatilization but the keyboard im using now sucks and its having problems
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Aug 02, 2010 9:11 pm    Post subject: Reply with quote

genmakenx wrote:
hello
so i have a job now back in my country and want to make a run for it. i must do this because i need to leave withing 7 days. i know my boss would say no and believe not telling him is best. however, if i do a no show and just move out of my apartment then into a friends for a few days to wait for my flight. will i be ok at immigration.
if they did report me will i be banned from coming into korea or just working there for a few years.

sorry for no question marks and capatilization but the keyboard im using now sucks and its having problems


Leave the day after pay day and don't look back.

No worry about leaving - you are neither an indentured servant nor are you required by law to stay and they cannot force you to work.

No worry about returning (unless you commit some crime before you leave).

.
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genmakenx



Joined: 02 Sep 2009

PostPosted: Wed Aug 04, 2010 7:52 am    Post subject: Reply with quote

So you think after coming back from vacation and leaving work but staying in Korea for 7 days is ok? Surely they'd call immigration...no? [/quote]
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Aug 04, 2010 10:59 am    Post subject: Reply with quote

genmakenx wrote:
So you think after coming back from vacation and leaving work but staying in Korea for 7 days is ok? Surely they'd call immigration...no?
[/quote]

Unless you have committed some crime ..

just hand in your ARC as you leave Korea... you return on a tourist stamp and immigration doesn't care about your previous employment.

Start anew or enjoy your visit before you depart.

.
.
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genmakenx



Joined: 02 Sep 2009

PostPosted: Wed Aug 04, 2010 5:24 pm    Post subject: Reply with quote

thanks for the replies, sorry i guess i am being a little vague. first, no i havent commited any crimes. right now i am on vacation, but have not quit or handed in my arc. i am outta country and basically my work expects me back next week. so i would be coming back to korea. then wanting to leave the following week. worried that if i do this 7 days before i leave they will report something, me missiing, etc. i dont know...
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sun Aug 15, 2010 8:40 am    Post subject: Reply with quote

genmakenx wrote:
thanks for the replies, sorry i guess i am being a little vague. first, no i havent commited any crimes. right now i am on vacation, but have not quit or handed in my arc. i am outta country and basically my work expects me back next week. so i would be coming back to korea. then wanting to leave the following week. worried that if i do this 7 days before i leave they will report something, me missiing, etc. i dont know...


In the end, what did you do? Did you return to Korea? Did your employer cancel your visa before you returned?

How did the story end?
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genmakenx



Joined: 02 Sep 2009

PostPosted: Mon Aug 16, 2010 3:26 am    Post subject: Reply with quote

Ok so its done! So...as I said last time there was some confusion with what I was doing and how I explained it. I had an e-2 visa and was working in korea for over 6 months. Before I went on vacation I had an interview for a job in Japan. While on vacation I received notice that I got the job and I would have to go there 8 days after returning to Korea. Since giving only 5 days notice that I was leaving was not a good idea (I would have if i got earlier notice) I had to do the run. I had to make some excuses to dodge my school and then left the next week. Immigration gave me no problems. I simply stood on a line with a nicer looking guy who was doing the checking and he stamped my passport. I then said "Oh, my boss told me to hand this in (the arc i handed him) he said "Your contract is over?" I just replied with a yes and that was it. My airplane gave me a little hassle because my return ticket was not to my home country but to Korea again (since I will be getting the visa while in Japan) but it worked out. Japanese immigration just mentioned that this time my vacation was long (89 days) and i just said yes haha. They seem to be easy on people who visit there a lot or who have studied abroad there as they usually switch to Japanese for me when they see my old student visa. So I guess that helped the process a tad but overall it went great and I am now really happy and am where I have wanted to be! Thanks for the help guys! Sorry for the long rant~
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magnolialove



Joined: 21 Mar 2010

PostPosted: Sat Aug 21, 2010 1:43 am    Post subject: Reply with quote

Question about breaking a contract before the six-month mark: if a married couple is in Korea, both teaching with separate visas and separate contracts at separate public schools, and one spouse leaves before 6 months is up without notice, will the other spouse (who is staying to teach) face penalties? Or do the separate contracts nullify anything the school might try to do to the spouse who is staying?
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caharrison



Joined: 03 Apr 2010

PostPosted: Wed Sep 08, 2010 6:36 am    Post subject: Reply with quote

Hey,
So I started my first job here the beginning of July. The story of the school is slowly unfolding to me.
Within the first month the boss sold his brand new car. I also had a chance to meet the teacher I am replacing; she told me that right before I arrived, all of the teachers quit at the same time. She also told me the school had had about 120 students; we now have about 70.
The first month was fine, I got paid on time. Then in August, a "new co-director" showed up (of course the story is different, and in poor English, every time they tell me). Also, during August, the recruiting agency starting emailing me telling me their fee hadn't been paid, nor had my plane ticket, and that my boss was unreachable.
Now it is September; several days past pay day I hadn't been paid. After asking many times, I received half of my pay, and a story that the new co-director is actually the new owner because my boss lost so much money from the students leaving.
I also realized that my insurance isn't being paid, nor is my pension (both in the contract), and although I have asked many times, I am not being issued pay stubs.
I came here broke, so I don't have much money saved (not sure I can even afford a one way ticket home). If I do just up and leave the country, is there any way they can sue me for my airfare to Korea (since I didn't hit 6 months yet)? I just have a feeling that this job won't last much longer, and I'd rather leave before it winds up costing me more money.
What are my options (with regard to leaving Korea, switching jobs, etc.)?
Thanks.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Sep 08, 2010 6:54 am    Post subject: Reply with quote

caharrison wrote:
Hey,
So I started my first job here the beginning of July. The story of the school is slowly unfolding to me.
Within the first month the boss sold his brand new car. I also had a chance to meet the teacher I am replacing; she told me that right before I arrived, all of the teachers quit at the same time. She also told me the school had had about 120 students; we now have about 70.
The first month was fine, I got paid on time. Then in August, a "new co-director" showed up (of course the story is different, and in poor English, every time they tell me). Also, during August, the recruiting agency starting emailing me telling me their fee hadn't been paid, nor had my plane ticket, and that my boss was unreachable.
Now it is September; several days past pay day I hadn't been paid. After asking many times, I received half of my pay, and a story that the new co-director is actually the new owner because my boss lost so much money from the students leaving.
I also realized that my insurance isn't being paid, nor is my pension (both in the contract), and although I have asked many times, I am not being issued pay stubs.
I came here broke, so I don't have much money saved (not sure I can even afford a one way ticket home). If I do just up and leave the country, is there any way they can sue me for my airfare to Korea (since I didn't hit 6 months yet)? I just have a feeling that this job won't last much longer, and I'd rather leave before it winds up costing me more money.
What are my options (with regard to leaving Korea, switching jobs, etc.)?
Thanks.


Order a complete set of new documents so you will be able to get a new visa when your job goes belly up. (it takes time to get them so prepare NOW!).

When they have arrived, find a new job.
Leave your old one, take a day trip to Japan and hand in your ARC on the way out (to cancel your current visa).

Return to Korea, process your new visa.
Do your visa run to start your new visa.
Start your new job, wiser for your experience.

.
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