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Breaking Contract
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caharrison



Joined: 03 Apr 2010

PostPosted: Wed Sep 08, 2010 7:05 am    Post subject: Reply with quote

I think I still have my original CRC at home, it's from March; how long are they valid? Also, how do I get them notarized and apostilled over here?
Can I leave my school before they shut down? Also, I though I read some things on one of the message boards that you cant get a new visa until the first one is at least 9 months old?

Also, to clarify, I have to make 2 runs to Japan? One to cancel and one to get the new visa? And the first time I return from Japan, I enter Korea on a tourist visa?

Thanks; sorry I would have PMed you with the more detailed questions but it won't let send PMs.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Sep 08, 2010 7:23 am    Post subject: Reply with quote

caharrison wrote:
I think I still have my original CRC at home, it's from March; how long are they valid? Also, how do I get them notarized and apostilled over here?
Can I leave my school before they shut down? Also, I though I read some things on one of the message boards that you cant get a new visa until the first one is at least 9 months old?

Also, to clarify, I have to make 2 runs to Japan? One to cancel and one to get the new visa? And the first time I return from Japan, I enter Korea on a tourist visa?

Thanks; sorry I would have PMed you with the more detailed questions but it won't let send PMs.


If you had been over 6 months AND had the permission of your current employer you would have been able to transfer your visa to a new employer.

Since you are under 6 months and/or do NOT have the permission of your employer you will need to make a quick trip out of the country to cancel your visa. You would return on a 90 day tourist stamp.

You would then be the same as you were before you came to Korea.

NOW you would need a CRC that is less than 6 months old (with apostille or affidavit of authenticity sworn at YOUR embassy in Korea) and the same for your degree (apostille or affidavit OR verification by the KCUE in Korea).

After you find a new job you will need to make a visa run to Japan (or other neighboring country) at your School's expense to get your new visa and begin legal employment again.

username at yahoo.com
ttompatz

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caharrison



Joined: 03 Apr 2010

PostPosted: Wed Sep 08, 2010 7:26 am    Post subject: Reply with quote

OK. Couple more questions for right now then:
How do I get a CRC over here? (I'm a US citizen).
Also, what about having to repay my airfare?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Sep 08, 2010 7:32 am    Post subject: Reply with quote

caharrison wrote:
OK. Couple more questions for right now then:
How do I get a CRC over here? (I'm a US citizen).
Also, what about having to repay my airfare?


Don't tell them you are going. You will probably get burned for more than the ticket price anyway and they won't sue (you're not in Kansas any more).

The information to get a new / replacement CRC depends on where you are from. There is LOTS of information in the main forum. Just look back a page or 2 and you will find more than you ever wanted to know.

.
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madkisso



Joined: 16 Jul 2010

PostPosted: Mon Sep 13, 2010 10:22 am    Post subject: Reply with quote

Edited

Last edited by madkisso on Sun Apr 03, 2011 9:49 am; edited 2 times in total
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autoseal89



Joined: 26 Oct 2010
Location: UK

PostPosted: Thu Nov 04, 2010 10:09 am    Post subject: Reply with quote

give 1 month notice!
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madkisso



Joined: 16 Jul 2010

PostPosted: Thu Nov 04, 2010 3:49 pm    Post subject: Reply with quote

Will do, thanks for the advice. Hopefully the one month's notice is enough.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Nov 04, 2010 6:35 pm    Post subject: Reply with quote

madkisso wrote:
Quick (or not so quick) question for anyone who may know and be able to help me. I am working at a Hagwon now but would like to get out of my contract, quit, early. I want to apply with GEPIK for the February/March semester since I think the public school will be better for me. Not liking the Hagwon too much, plus they have been a little bit shady. I have an F-4 visa so do not have to leave the country when I quit. However, there is a ridiculous clause in the contract stating that if I quit (as opposed to getting fired) I have to give them two months notice, work those two months without pay and also pay back the original flight money. I do not want to do that and will probably quit right after I have secured another job. Since I will be staying in the country, is it possible that the Hagwon will try to find me and...I don't know, sue me for that money? I definitely won't tell them where I will be, but I didn't know if they could try to find me since they have my ARC number, etc. Also, do I have to tell the public school that I just quit a Hagwon? or can I apply and get hired there without letting them know that, since I have an F-4 visa. Thanks so much.


You are on an F4 = just leave at your convenience.
There is NOTHING they can do to you.

The penalty clauses in the contract are illegal (labor law trumps labor contract).

.
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theevilgenius



Joined: 10 Sep 2010

PostPosted: Wed Mar 09, 2011 3:59 am    Post subject: Reply with quote

Hey, i hope this thread is still going, so anyways my fellow foreign teacher at our school is thinking about quitting after two and a bit months, we both started the same time and i was wondering has anyone experienced this and what will the ramifications be for me, also he wants to stay and work in korea and just get another job a) is this possible, i thought you had to be here for a certain amount of months and b) how likely is he to get a letter of release from our boss?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Mar 09, 2011 5:25 am    Post subject: Reply with quote

theevilgenius wrote:
Hey, i hope this thread is still going, so anyways my fellow foreign teacher at our school is thinking about quitting after two and a bit months, we both started the same time and i was wondering has anyone experienced this and what will the ramifications be for me, also he wants to stay and work in korea and just get another job a) is this possible, i thought you had to be here for a certain amount of months and b) how likely is he to get a letter of release from our boss?


He is unlikely to get a LOR (the employer is under no obligation to give one) and if he hasn't completed 6 months or more of his contract it won't matter (transfer not possible except for certain special circumstances).

He will have to leave Korea, hand in his ARC one the way out to cancel his visa, return, find a new job and start the E2 application process from scratch (complete with a new set of apostilled documents). THEN he will have to do a visa run to get his new E2 and begin his new job.

What will it mean for you? MORE work (someone has to cover his classes) and unlikely to be paid for it. Beyond that, it will depend on your owner and your head teacher as to how they will treat you.

.
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Sylph2011



Joined: 21 Feb 2011

PostPosted: Thu Mar 24, 2011 8:14 am    Post subject: Reply with quote

Transfer visa within Korea, or anywhere? What if you are offered a job in another country.
I am not in a contract, but my visa is sitting at the consulate office in the states. The recruiter gave the job to someone else while my visa was in process, and since I already had a Immigration number assigned I have to start the visa process over. I read on here that I have to wait 90 days for the original immigration number to expire before I can reapply.



Carla wrote:
BStaff wrote:

Yes. Your contract will be structured so that you only receive your flight home if you complete the contract.


I took a job in Incheon and started about 3 weeks ago, and I'm really regretting my immediate area. I live in Wondang which is essentially a farming community and it's really boring. It's costly to go into Seoul everyday for jiu jitsu classes and if I want to go out to Hongdae I either have to leave by midnight to get the bus home or stay out until 6 am when the buses start again.

My pay at this hagwon has been delayed as the owner has had to pay employees at another business of his using our money. We're supposed to be paid tomorrow but I don't have a bank account yet because my passport is at Immigration for my alien registration card. They also still have my diploma too from when I sent it here about 2 months ago.

For those reasons I want to get a new job in a better location. I know a lot more about what I want out of this place now that I've been here and learned about the areas, the transport, which student age I like best. If I could get the money that I am owed and leave for Seoul tomorrow morning I would do it.

But I have a bunch of questions concerning getting a new job after breaking a contract. From skimming this thread I saw the mention of a release letter. What is that and is it necessary? Also, what happens with my visa? Do I have to leave the country and get the new school to sort it out?

I also feel a little bad about leaving my coworkers too, especially when the school is having the problems it's having at the moment. I realize I should look out for myself first, but I don't see it as fair to just drop them after they pay my airfare over here, the recruiter fee, etc.

Anyway, knowing about the process is my main concern right now. Can someone tell me how to go about this?


Wow, sorry about your situation, but for now you're kinda screwed.

Letter of Release is something you get if you want to quit before the end of your contract. It basically says your are off the hook for the remainder of your contract. You need this to transfer your visa to a new school. If your boss wouldn't give you this, then you would have to wait until your visa expired at the end of the year.

But here is your problem. Assumming that your school would be nice enough to let you out of your contract AND give you a LOR, immigration has a new rule that says you cannot get out of your 1st visa unless it is at least 9 months old. If you stayed at your current place and started a new contract, the second time at the same school you would only have to work 3 months before you could transfer your visa.

So, you really are stuck for the first 9 months.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Mar 24, 2011 4:13 pm    Post subject: Reply with quote

Sylph2011 wrote:
Transfer visa within Korea, or anywhere? What if you are offered a job in another country.
I am not in a contract, but my visa is sitting at the consulate office in the states. The recruiter gave the job to someone else while my visa was in process, and since I already had a Immigration number assigned I have to start the visa process over. I read on here that I have to wait 90 days for the original immigration number to expire before I can reapply.


Transfers refer to "in Korea".

If you choose to work in another country then what happens(ed) in Korea is not relevant to the process in another country.

Got screwed in Korea, go to Thailand, Taiwan or China.

China has lots of job openings. Don't take the first offer at 3000CNY that comes along.
Thailand is BUSY and this is their PEAK hiring season for schools (k-12) (school is out and starts again in mid May) and the language academies are always looking.
Taiwan is ALL language academy positions (teacher certification is required for a PS) and they are hiring year round.

.
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Capricious1



Joined: 06 Jul 2010

PostPosted: Sun Apr 03, 2011 10:53 am    Post subject: Nine Months Reply with quote

I am little confused about this nine month clause, I was here two months, (November, December) and working at a miserable little private academy, in a miserable little town, and through the help of my job agent was able to change jobs. Now I am doing ok at my current school, but seriously considering changing to a public school, or foreign school (I am a certified Theater teacher in the states and I have noticed a handful of English speaking schools out here that actually have theater programs) sooo, does the nine months start before with the start of my first or 2nd job? Also do I need a new background check and such to get a new job after my contract is up. Or what if I decide to stay where I am at, do i need a new background and all the paper work to re-new my contract?
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Mornington



Joined: 04 Dec 2010

PostPosted: Thu Apr 21, 2011 5:56 am    Post subject: Reply with quote

I was in Korea last year for three months, I had to leave as my father died suddenly and unexpectedly. I pretty much had to do a "Midnight Run" however I told my school about what happened before I left and they were okay about letting me go. They never mentioned anything about money (although they had 700,000 won from my first paycheck and it had been about two weeks since my last pay which would have been about 1,000,000 won). I didn't ask them for any either. I handed in my ARC at the airport. I have been looking at going back to Korea. My school are even allowing me to use them as a reference (they must be giving me a reasonable one as I have been offered a few contracts). Will I have any problems with getting an e2 visa? If I am given an E2 Visa would immigration do anything when I am entering Korea?
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djkelly01



Joined: 06 Dec 2010

PostPosted: Sun Apr 24, 2011 1:41 am    Post subject: Want to change schools, not leave Korea Reply with quote

Post removed by request

Last edited by djkelly01 on Fri May 06, 2011 7:58 am; edited 1 time in total
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