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Joined: 22 Sep 2011
Location: being a hermit
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 Posted: Thu Sep 29, 2011 2:40 pm Post subject: A Lesson for E2s... |
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Or those who want to own their own visa:
http://www.koreatimes.co.kr/www/news/nation/2011/09/117_95758.html
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The freedom to choose their job is a basic human right. But the restriction in changing jobs can be seen proper in terms of the effective management of migrant workers here,� the court said.
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Key words--'effective management of..." Now I know it says migrant workers at the end but don't think that the Koreans will let go of managing E2s. |
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calendar
Joined: 22 Sep 2011
Location: being a hermit
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| Posted: Thu Sep 29, 2011 4:46 pm Post subject: |
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| I thought for sure some people would be interested in this decision and how it would affect E2s. |
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Rutherford
Joined: 31 Jul 2007
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| Posted: Thu Sep 29, 2011 6:02 pm Post subject: |
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| Thanks for posting this OP. |
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isisaredead
Joined: 18 May 2010
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| Posted: Thu Sep 29, 2011 6:21 pm Post subject: |
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| calendar wrote: |
| I thought for sure some people would be interested in this decision and how it would affect E2s. |
how exactly does it affect us? |
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r122925
Joined: 02 Jun 2011
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| Posted: Thu Sep 29, 2011 6:27 pm Post subject: |
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| isisaredead wrote: |
| calendar wrote: |
| I thought for sure some people would be interested in this decision and how it would affect E2s. |
how exactly does it affect us? |
Well, it doesn't really affect anyone since the court denied the petition. If the court had upheld the petition it could have, in theory, allowed E2 holders the right to change employers without permission. |
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calendar
Joined: 22 Sep 2011
Location: being a hermit
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| Posted: Thu Sep 29, 2011 6:37 pm Post subject: |
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Yes, it would have provided a precedent for E2s who want to own their own visa and have the freedom to change jobs on a whim. If westerners got that privilage then I could see FTs holding students hostage as they blackmail and extort Korean employers.
(don't take those 3 words personally or literally) |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Thu Sep 29, 2011 6:44 pm Post subject: |
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Here's the article in it's entirety:
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Constitutional Court rejects petition by migrant workers
The Constitutional Court rejected a petition by a group of migrant workers, Thursday, ruling that the law restricting them from changing their jobs was constitutional.
Under the current law governing foreign laborers with E-9 visas under the government work permit system, they cannot change their workplace more than three times.
�The freedom to choose their job is a basic human right. But the restriction in changing jobs can be seen proper in terms of the effective management of migrant workers here,� the court said.
The ruling came after a group of migrant workers from Indonesia, Philippines and Vietnam filed the petition in 2007, arguing the restrictions on them changing their workplaces infringed upon their human rights to freely choose a job. |
| calendar wrote: |
Now I know it says migrant workers at the end but don't think that the Koreans will let go of managing E2s. |
This ruling is an interpretation of the current state of Korean law. Foreign workers don't have the constitutional right to be free agents, and can still be governed by statutes and Immigration policy. Not a huge surprise, really. However, statutes and Immigration policy have made some moves in the direction of giving E-series visa holders more freedom to change jobs. An E-2 visa holder can now cancel his visa by leaving the country and turning in his ARC, return on a tourist visa, and apply for a new E-2 as long as he has a complete set of documents. This may be expensive and inconvenient, but it was completely impossible 3 years ago or so. In August 2010, Immigration also announced the F-2-7 (formerly known as F-2-S), which creates a path for long-term and permanent residence to E-series visa holders who are not married to Korean citizens.
They might not ever completely let go, but I'd say the reins are loosening a bit. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu Sep 29, 2011 7:05 pm Post subject: |
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| calendar wrote: |
| I thought for sure some people would be interested in this decision and how it would affect E2s. |
give it some time (2 hours is not a lot). |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu Sep 29, 2011 7:07 pm Post subject: |
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| Son Deureo! wrote: |
Here's the article in it's entirety:
| Quote: |
Constitutional Court rejects petition by migrant workers
The Constitutional Court rejected a petition by a group of migrant workers, Thursday, ruling that the law restricting them from changing their jobs was constitutional.
Under the current law governing foreign laborers with E-9 visas under the government work permit system, they cannot change their workplace more than three times.
�The freedom to choose their job is a basic human right. But the restriction in changing jobs can be seen proper in terms of the effective management of migrant workers here,� the court said.
The ruling came after a group of migrant workers from Indonesia, Philippines and Vietnam filed the petition in 2007, arguing the restrictions on them changing their workplaces infringed upon their human rights to freely choose a job. |
| calendar wrote: |
Now I know it says migrant workers at the end but don't think that the Koreans will let go of managing E2s. |
This ruling is an interpretation of the current state of Korean law. Foreign workers don't have the constitutional right to be free agents, and can still be governed by statutes and Immigration policy. Not a huge surprise, really. However, statutes and Immigration policy have made some moves in the direction of giving E-series visa holders more freedom to change jobs. An E-2 visa holder can now cancel his visa by leaving the country and turning in his ARC, return on a tourist visa, and apply for a new E-2 as long as he has a complete set of documents. This may be expensive and inconvenient, but it was completely impossible 3 years ago or so. In August 2010, Immigration also announced the F-2-7 (formerly known as F-2-S), which creates a path for long-term and permanent residence to E-series visa holders who are not married to Korean citizens.
They might not ever completely let go, but I'd say the reins are loosening a bit. |
According to ontheway some foreign workers (E-2's and the like) are legally allowed to be independent contractors. |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Thu Sep 29, 2011 7:35 pm Post subject: |
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| Interesting. Any more details? |
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pegasus64128
Joined: 20 Aug 2011
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| Posted: Thu Sep 29, 2011 10:16 pm Post subject: |
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| calendar wrote: |
Yes, it would have provided a precedent for E2s who want to own their own visa and have the freedom to change jobs on a whim. If westerners got that privilage then I could see FTs holding students hostage as they blackmail and extort Korean employers.
(don't take those 3 words personally or literally) |
Yep, I could see plenty doing that. I 'd take 'Eligible to work for more than one employer on E2 visa' before that. Thanks OP |
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calendar
Joined: 22 Sep 2011
Location: being a hermit
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| Posted: Thu Sep 29, 2011 10:25 pm Post subject: |
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| pegasus64128 wrote: |
| calendar wrote: |
Yes, it would have provided a precedent for E2s who want to own their own visa and have the freedom to change jobs on a whim. If westerners got that privilage then I could see FTs holding students hostage as they blackmail and extort Korean employers.
(don't take those 3 words personally or literally) |
Yep, I could see plenty doing that. I 'd take 'Eligible to work for more than one employer on E2 visa' before that. Thanks OP |
No worries. I remember one girl on here posted that she was asked to renew and wondered if 300,000/month was the right amount to ask for. People put a false sense of worth upon themselves and then get upset when their employer balks. |
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World Traveler
Joined: 29 May 2009
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| Posted: Fri Sep 30, 2011 12:30 am Post subject: |
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| TheUrbanMyth wrote: |
| According to ontheway some foreign workers (E-2's and the like) are legally allowed to be independent contractors. |
That's his opinion, but has he ever provided proof that can be the case?
| ontheway wrote: |
Government officials who support social security are evil, fascist-socialist criminals.
People in the public at large who support social security are either fascist-socialists as well or uneducated dupes and fools. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Sep 30, 2011 1:56 am Post subject: |
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You guys make it sound as though this is any different than foreign workers in places like the US.
It is NOT and in fact it is virtually identical in terms of application and the management of "transient foreign workers" through restrictions on their employment and period/terms of stay.
Clean your own yard first before you complain about your neighbor's..
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isisaredead
Joined: 18 May 2010
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| Posted: Fri Sep 30, 2011 6:34 pm Post subject: |
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| ttompatz wrote: |
You guys make it sound as though this is any different than foreign workers in places like the US.
It is NOT and in fact it is virtually identical in terms of application and the management of "transient foreign workers" through restrictions on their employment and period/terms of stay.
Clean your own yard first before you complain about your neighbor's..
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you mentioned this a while ago when i commented on my indignation on us not owning our own visas. you made me realise a lot of things, and i hope the same has happened again in this thread.
well played, as usual, ttompatz. |
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