Korean Job Discussion Forums

earthquakez · Joined: 10 Nov 2010

work visa' for somebody who has been given notice as their kiddies' hagwon will shut down soon.

I have no idea about this process and can't advise them - can somebody here let us all know so we know what to tell friends and possibly know what to do ourselves in the future?

He's been hit by the double whammy of course because his housing ends soon too - he's really pis sed off as he paid his own airfare over and the school won't give any further time in his housing after his contract ends or make any concessions about anything.

He's been given one month notice - is it too early for him to go to Immigration and apply for this new 'Looking for work visa'? Or should he wait until nearer to his contract ending at the end of next month? His current permission to stay ends 2 weeks after his school closes.

What is the process that goes on with this visa? Is it better for him that his hagwon is shutting down and he is isn't leaving voluntary?

He's a great person and I'd like to give him sound advice. Thanks.

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

A simple search for D10 will get all the answers he needs.

Since he is not finished his contract he will need a LOR or written termination of employment with the school stamp on it.

ARC
Passport
LOR
application (at the desk at immigration)
Fee (50k won)
30 minutes at the counter.
He needs to apply for it no earlier than his last week of employment.

The alternative is to find another job ASAP and do a simple transfer of employment from the old job to the new one. Again, can be done as early as the final week of employment and up to 14 days after employment ends. The new job must commence within 30 days.

ARC
passport
LOR
new contract
new employer's business registration (copy)
guarantee form (sponsorship) from the new employer
application
fees

.

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

I think the first set of things is for the D10. It's not 100% clear though. Maybe Ttompatz or someone else can clarify. Usually, I would do it the other way, try to find an ASAP job now and if you can't then get the D10.

Troglodyte · Joined: 06 Dec 2009

Depending on whether or not the school informed (and got permission from) the labor board, then firing him because they're shutting down an be considered "unjust". If they DID notify the labor board the they're going out of business and firing staff, then it's considered "justified". Still, there's not much to gain from it, except knowing that the employer will have it on their record in case they open a similar business later and try the same stunt.

How long long has your friend been working there? What does his contract say exactly regarding the airfare?

earthquakez · Joined: 10 Nov 2010

earthquakez · Joined: 10 Nov 2010

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

Your friend needs to decide if they are going to stay or leave the country. Don't do it the other way and stay if it is "convenient". Decide now, stay or go?

Then, it's quite easy after that. If they want to stay, they could negotiate less work for less pay, use the time off to find another school.

iggyb · Joined: 29 Oct 2003

If he's been there a full year at time of closing, he should get severance and pension (if he is from one of the nations that has the pension agreement).

Those are two significant chunks of change.

The government should be holding the pension money - and - if memory serves correct - the school is supposed to have set aside money for the severance.

If it were me, I'd check with the pension office to make sure the money is there. I'd also nicely let the hakwon know I was expecting to get airfare, severance, and pension when the job is done.

If they give the impression they are going to stiff me, I'd start gathering my documents to take to the labor board. If they told me flat out they weren't going to give what the contact and labor law states, I'd let them know I was seriously thinking about taking them to the labor board.

--- Of course, there is a chance they'd do something with my final paycheck(s), but mentioning the labor board and showing that you know how things work in Korea - and aren't some timid expat ignorant of your rights and proceedures in Korea - sometimes makes owners snap to and follow the law and contract.

For examples, the Korean teachers who have worked at the school for at least a year will probably get their severance and such despite the fact the school is closing, because they know the law and labor board rules and other informal things they can do if screwed over, and they speak Korean and live in Korea.

Regardless, I would take them to the labor board at least when they failed to honor the full contract.

Since the school is giving notification early, it seems they have their act together at least a little. He didn't arrive at the school to find the door locked. So, their financial situation is likely somewhat in order...

...they aren't destitute.

So there is some hope in going to the labor board if it comes to that.

If he gets severance, pension, and airfare, that is a good bit of money to use when looking for another job.

I'd also do all of this with the idea in the back of my mind that - if worst comes to worst - I could do find off-the-books work at hakwons or private lessons in an emergency to help pay for the necessities until I found a job.

I would also keep enough money for a ticket home just in case I can't find a new job.